Old Republic General Insurance Corporation et al v. Liberty Surplus Insurance Corporation

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)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Patrick Fredette, #207284
[e-mail]
3 Robert K. Landen, #149407
[e-mail]
4 Nicholas H. Rasmussen, #285736
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone: [phone]
Facsimile: [phone]
7

JS-6

8 Attorneys for Defendant, LIBERTY SURPLUS
INSURANCE CORPORATION
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
11
12

OLD REPUBLIC GENERAL
13 INSURANCE CORPORATION, and
MURRAY PLUMBING AND
14 HEATING CORPORATION dba
MURRAY COMPANY,
15
Plaintiff,
16
v.
17
LIBERTY SURPLUS INSURANCE
18 CORPORATION,
19

Case No. 2:15-cv-03586-AB-JPR
[PROPOSED] JUDGMENT ON
DEFENDANT LIBERTY SURPLUS
INSURANCE COMPANY’S
MOTION FOR SUMMARY
JUDGMENT
Judge: Hon. André Birotte, Jr.

Defendant.

20
21
22
23

Defendant Liberty Surplus Insurance Company’s (“LSIC”) Motion for

24 Summary Judgment came on regularly for hearing on August 1, 2016, at 10:00 a.m.
25 in Courtroom 4 of the above-entitled court at 312 N. Spring Street, Los Angeles,
26 California, 90012, before the Honorable Andre Birotte, Jr.
27

After considering the moving and opposition papers, arguments of counsel

28 and all other matters presented, and based on the admissible evidence, and as stated
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

1 in the Order of August 17, 2016, IT IS HEREBY ORDERED, ADJUDGED AND
2 DECREED that:
3

1.

Plaintiff Murray Plumbing & Heating Corporation dba “Murray

4 Company” (“Murray”) is not an insured under the Commercial General Liability
5 policy issued by LSIC to Farwest Insulation Contracting (“Farwest”) under number
6 1000009492-02 for the period June 1, 2012 to June 1, 2013 (“LSIC policy”) with
7 respect to the action, Margarita Pizza Co. v. Murray Company, et al., Los Angeles
8 County Superior Court, Case No. BC539615 (“Underlying action”)
9

2.

Because Murray is not an insured on the LSIC policy, the LSIC

10 policy’s “insured contract” provision does not establish any obligation or duty on
11 the part of LSIC to Murray with respect to the Underlying action.
12

3.

LSIC owes no duty to defend Murray in the Underlying action under

13 the LSIC Policy.
14

4.

LSIC owes no duty to indemnify Murray in the Underlying action

15 under the LSIC Policy.
16

5.

Old Republic General Insurance Corporation (“Old Republic”) is not

17 entitled to contribution from LSIC for any defense fees, costs and/or indemnity
18 sums incurred in connection with the Underlying Action.
19

6.

LSIC is entitled to summary judgment in its favor on all causes of

20 action in the Second Amended Complaint filed in this action, and LSIC’s Motion for
21 Summary Judgment is hereby GRANTED in full.
22

7.

LSIC is awarded its costs of suit.

23

IT IS SO ORDERED.

24
25 DATED: September 14, 2016
26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

Hon. André Birotte, Jr.
United States District Court, Central District
of California

4053074.

2