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STEMPLE v. MARYLAND CAS. CO.

No. 96,173.

144 P.3d 1273 (2006)

James STEMPLE, Plaintiff, v. MARYLAND CASUALTY COMPANY, Defendant.

Supreme Court of Kansas.

October 27, 2006.

Attorney(s) appearing for the Case

Kala Spigarelli, of The Spigarelli Law Firm, of Pittsburg, argued the cause and was on the brief for plaintiff.

Jonathan W. Davis, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and Richard T. Merker, of the same firm, was with him on the brief for defendant.

The opinion of the court was delivered by NUSS, J.:

James Stemple received workers compensation benefits from his employer, F & S Supply, for injuries caused by a nonemployee. After also receiving remuneration from the tortfeasor's liability insurance carrier, Stemple then sued his employer's underinsured motorist (UIM) carrier for benefits based upon his use of a company car at the time of the accident. The UIM carrier, Maryland Casualty Company (Maryland Casualty...

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