Old Republic General Insurance Corporation et al v. Liberty Surplus Insurance Corporation
| Murray Plumbing and Heating Corporation and Old Republic General Insurance Corporation |
| Does and Liberty Surplus Insurance Corporation |
| 2:2015cv03586 |
| May 13, 2015 |
| US District Court for the Central District of California |
| Jean P. Rosenbluth |
| Andre Birotte |
| Insurance |
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Filing
44
JUDGMENT ON DEFENDANT LIBERTY SURPLUS INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: (1) Plaintiff Murray Plumbing & Heating Corporation dba "Murray Company" ("Murray") is not an insured under the Commercial General Liability policy issued by Defendant Liberty Surplus Insurance Company ("LSIC") to Farwest Insulation Contracting under number 1000009492-02 for the period 6/1/2012 to 6/1 /2013 ("LSIC policy") with respect to the action, Margarita Pizza Co. v. Murray Company, et al., Los Angeles County Superior Court, Case No. BC539615 ("Underlying action"). (2) Because Murray is not an insured on the LSIC policy, the LSIC policy's "insured contract" provision does not establish any obligation or duty on the part of LSIC to Murray with respect to the Underlying action. (3) LSIC owes no duty to defend Murray in the Underlying action under the LSI C Policy. (4) LSIC owes no duty to indemnify Murray in the Underlying action under the LSIC Policy. (5) Old Republic General Insurance Corporation is not entitled to contribution from LSIC for any defense fees, costs and/or indemnity sums incurred in connection with the Underlying Action. (6) LSIC is entitled to summary judgment in its favor on all causes of action in the Second Amended Complaint filed in this action, and LSIC's Motion for Summary Judgment 28 is hereby GRANTED in full. (7) LSIC is awarded its costs of suit. (MD JS-6, Case Terminated). (gk)
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