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STEMPLE v. ZURICH AMERICAN INS. CO.

No. 07-4022-KGS.

584 F.Supp.2d 1304 (2008)

Kandy STEMPLE, as the wife and heir at law of James Stemple, deceased; as the Special Administrator of the Estate of James Stemple, deceased, Jesse Stemple, Joshua Stemple, Anna Stemple, and Jerame Stemple, Plaintiffs, v. ZURICH AMERICAN INSURANCE COMPANY and Great American Casualty Company, Defendants.

United States District Court, D. Kansas.

September 30, 2008.

Attorney(s) appearing for the Case

Kala A. Spigarelli, Lori A. Bolton Fleming, Spigarelli Law Firm, Pittsburg, KS, for Plaintiffs.

Bradley J. Baumgart, Eric Stefan Johnson, Kutak Rock LLP, Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

K. GARY SEBELIUS, United States Magistrate Judge.

This matter comes before the court upon Zurich American Insurance Company's (Defendant) Motion for Summary Judgment (Doc. 45). Plaintiffs have filed a response (Doc. 50) to which Defendant has filed a reply (Doc. 51). Therefore the issues are fully briefed and the court is prepared to rule.

Defendant seeks summary judgment as to plaintiffs' claim that they are entitled...

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