[PROPOSED] JUDGMENT ON DEFENDANT LIBERTY SURPLUS INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT

ANDRÉ BIROTTE, Jr., District Judge.

Defendant Liberty Surplus Insurance Company's ("LSIC") Motion for Summary Judgment came on regularly for hearing on August 1, 2016, at 10:00 a.m. in Courtroom 4 of the above-entitled court at 312 N. Spring Street, Los Angeles, California, 90012, before the Honorable Andre Birotte, Jr.

After considering the moving and opposition papers, arguments of counsel and all other matters presented, and based on the admissible evidence, and as stated in the Order of August 17, 2016, 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 LSIC to Farwest Insulation Contracting ("Farwest") under number 1000009492-02 for the period June 1, 2012 to June 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 LSIC Policy.

4. LSIC owes no duty to indemnify Murray in the Underlying action under the LSIC Policy.

5. Old Republic General Insurance Corporation ("Old Republic") 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 is hereby GRANTED in full.

7. LSIC is awarded its costs of suit.

IT IS SO ORDERED.