Kentucky Employers' Mutual Insurance v. Ellington

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 as the sole proprietor. The Court of Appeals found the policy to be ambiguous because of these competing terms and construed it in Ellington’s…