Simpson v. Liberty Mutual Insurance

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is a declaratory judgment action filed under the provisions of 28 U.S.C. § 2201 by David A. Simpson and Karen L. Simpson, Arkansas citizens, against Liberty Mutual Insurance Company, a Massachusetts corporation. The court has jurisdiction pursuant to that statute and 28 U.S.C. § 1332.

On January 29, 1988, plaintiffs were employed as truck drivers operating a tractor-trailer rig near the City of Lee, Massachusetts. In the early morning hours on that date the vehicle they were operating was involved in an accident with another large…