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McNALLY v. STATE FARM FIRE & CASUALTY CO.

Civil Action No. 04-2474-CM.

446 F.Supp.2d 1192 (2006)

Timothy McNALLY, Plaintiff, v. STATE FARM FIRE & CASUALTY CO., Defendant.

United States District Court, D. Kansas.

December 29, 2005.

Attorney(s) appearing for the Case

Gerald W. Scott, Wichita, KS, William B. Wachter, Wilbert & Towner, P.A., Pittsburg, KS, for Plaintiff.

Craig W. West, Michael J. Norton, Foulston Siefkin LLP, Wichita, KS, for Defendant.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiff initially brought the instant action against State Farm Mutual Automobile Insurance Company in the District Court of Crawford County, Kansas, on September 2, 2004. In his state court petition, plaintiff alleged breach of contract, bad faith/breach of fiduciary notice, and bad faith/breach of fiduciary duty claims arising out of an issue over the existence of uninsured motorist coverage in plaintiff...

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