Chance v. Farm Bureau Mut. Ins. Co., Inc.

MEMORANDUM AND ORDER

CROW, District Judge.

This matter comes before the court upon Farm Bureau Mutual Insurance Company, Inc.’s (Farm Bureau) (defendant) motions to dismiss and upon Danny Chance’s (plaintiff) motion to dismiss without prejudice. The primary issue in this case is whether Kansas law would permit recovery by a plaintiff under the uninsured motorist provision of the insured’s (co-employee’s) policy, where the plaintiff was injured in a work-related motor vehicle accident and where the co-employee/vehicle operator had liability insurance, but where the exclusive remedy clause of the…