Liberty Mutual Insurance v. Borsari Tank Corp. of America

DAWSON, District Judge.

This is an action brought under the Federal Declaratory Judgments Act, 28 U.S.C. § 2201, for a determination of the rights of the parties under a certain policy of Workmen’s Compensation Insurance issued by the plaintiff Liberty Mutual Insurance Company (hereinafter called “Liberty Mutual”) to Borsari Tank Corporation of America (hereinafter called “Borsari”). Although the amended and supplemental complaint is framed as one for declaratory judgment, to determine the rights of the parties, the plaintiff in practical effect seeks a determination that it is entitled to…