Utica Mutual Insurance v. Gaithersburg-Washington Grove Fire Department, Inc.

In this appeal we address a finding by a trial judge that the appellee, Gaithersburg-Washington Grove Fire Department, Inc., was "entitled to immunity” in a negligence action. Because we hold that based upon the evidence produced at trial the appellee was not entitled to immunity, we shall reverse.

This case arises as the result of a fire on March 27, 1977, which destroyed a warehouse insured by the appellant, Utica Mutual Insurance Company ("Utica”). On that date a brush and trash fire occurred on property adjacent to the warehouse. The warehouse was destroyed not by the original fire which…