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Case Name Royse v. Lexington Insurance Co.
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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