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KY EMPLOYERS' MUT. INS. v. ELLINGTON

2013-SC-000802-WC.

459 S.W.3d 876 (2015)

KENTUCKY EMPLOYERS' MUTUAL INSURANCE, Appellant v. Randy ELLINGTON; R & J Cabinets; Hon. Jonathan Weatherby, Administrative Law Judge; and Workers' Compensation Board, Appellees

Supreme Court of Kentucky.

RENDERED: MAY 14, 2015.

Attorney(s) appearing for the Case

Counsel for Appellant: Barry Lewis , Lewis and Lewis Law Offices, 151 East Main Street, Suite 100, PO Box 800, Hazard, Kentucky 41702-0800

Counsel for Appellee, Randy Ellington : Timothy Jay Wilson , Wilson & McQueen, 309 North Broadway, Lexington, Kentucky 40508

Counsel for Appellee, R & J Cabinets: Scott Mitchell Burns Brown , Ferreri & Fogle, PLLC, 300 East Main Street, Suite 400, Lexington, Kentucky 40507

OPINION OF THE COURT BY JUSTICE NOBLE

The Appellant, Kentucky Employers' Mutual Insurance (KEMI), appeals from a decision of the Court of Appeals holding that the Appellee, Randy Ellington, was covered by a workers' compensation policy it issued. The policy named Ellington and his business, a sole proprietorship with the assumed name of R & J Cabinets, as "insureds." At the same time, the policy included a specific exclusion from coverage of Ellington...

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