Hartford Accident and Indemnity Company, a Corporation v. Kuipers Construction Company, Inc., a Corporation, and Midwestern Corporation, a Corporation

VAN OOSTERHOUT, Circuit Judge.

This is an action for declaratory judgment presenting the question of liability coverage afforded the plaintiff Kuipers Construction Company, Inc. (Kuipers) by a policy issued to it by defendant Hartford Accident and Indemnity Company (Hartford). Jurisdiction exists by reason of diversity of citizenship and the requisite amount.

On April 17, 1962, a structural injury to a building located at Mankato, Min nesota, owned by Midwestern Corporation was caused by excavation work performed by Kuipers for Midwestern. Midwestern has intervened. The issue presented is…