Employers Mutual Casualty Co. v. Miner

MEMORANDUM ORDER

MARTEN, District Judge.

Employers Mutual Insurance Company (Employers) sued Angelika Miner (Angelika), individually and as guardian for the minor children of Brian Wayne Miner (Brian), deceased. Brian worked for the City of Phil-lipsburg when he was killed while using a product called Ram-Out to clean a City sewage pump station. Employers was the City’s workers compensation carrier. Pursuant to 28 U.S.C. § 2201 and Fed.R.Civ.P. 57, Employers seeks a declaratory judgment that under K.S.A. 44-504(b), it is entitled to a subrogation of benefits Angelika received in settlement of…