Stemple v. Maryland Casualty Co.

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 non-employee. 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), argued that recovery of the UIM benefits was barred by the exclusivity provision of the workers compensation statute, K.S.A.…