Reimbursement Not Available Under Kansas Law

Denying cross-motions for summary judgment because fact issues needed to be the subject of discovery in this diversity action, the court elected to delay addressing conflict of law issues respecting the insurer's quest for reimbursement of monies paid in settlement until discovery occurred in the action because it was unable to determine as a matter of law whether UUIC was entitled to pursue a remedy of reimbursement.

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Policyholder's Choice of Forum Upheld

The court denied UUIC's motion to transfer venue to the Central District of California addressing each of the factors attendant on that motion, concluding that plaintiff's choice of forum weighed against transfer and conceded that the principal facts about coverage - the policy, the underlying complaint, Universal's promise to defend the suit, Universal's settlement of the suit - are undisputed. 

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