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Case Name | Royse v. Lexington Insurance Co. | |
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Date | 11/26/2008 | |
Note | A claimant failed to show that a carrier conspired with a homeowner to claim that he was a resident employee at the time of his injury. | |
Citation | A117798 | |
WCC Citation | WCC 34652008 CA |
In this personal injury action, plaintiff Joseph Royse appeals from summary judgments entered in favor of defendants Lexington Insurance Company and DC3-E, LLLP. Lexington accepted the claim and provided workers' compensation insurance coverage to Royse as a "Residence Employee" under the policy. As of November 14, 2006, Lexington had paid Royse and his health care providers a total of $633,453. The evidence adduced below demonstrated that Royse was employed at the ranch, that the ranch was insured under a homeowners insurance policy issued by Lexington that contained workers' compensation coverage for residence employees, and that Lexington paid Royse and his health care providers over $600,000 of benefits under the policy. Royse argues Lexington "exhibited its knowledge that Mr. Royse did not work for Mrs. Phelps through its actions in the worker's compensation case .
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