Marx v. Hartford Accident and Indemnity Company

This is a declaratory judgment action. The question involved is whether Hartford, plaintiffs’ malpractice insurer, is liable for fire damage to plaintiffs’ offices resulting from the negligence of an employee technician. The, district court entered judgment for plaintiffs against Hartford. We reverse the judgment.

In refilling the hot water sterilizer, plaintiffs’ employee mistakenly poured benzine instead of water into the sterilization container. Fumes exploded causing a fire, and extensive damage to the building resulted. Routine sterilization is accomplished by boiling for 15 minutes in…