February 17, 2014

 The commercial general liability insurer brought an action against the automobile insurer seeking a declaration that it had no obligation to defend or indemnify the insured in the underlying action, such that the auto insurer had no right to contribution from the general liability carrier. This case is First Specialty Insurance Corporation v. Pilgrim Insurance Company, 990 N.E.2d 86 (2013).

 Pinto had been diagnosed with dementia. Pinto's family contracted with R. Squared Enterprises to provide nonmedical support services to Pinto. R. Squared assigned Pereira to work with Pinto. Pereira drove Pinto to a restaurant for lunch in an auto owned by Pinto's wife. While at the restaurant, Pereira consumed alcohol and allegedly became intoxicated. She thereafter drove negligently and crashed into a tree. Pinto suffered serious injuries. Pinto's family sued R. Squared on grounds of negligence and negligent hiring, training, supervision, or retention. First Specialty held a general liability policy for R. Squared and disclaimed coverage. Pilgrim Insurance had an auto policy for R. Squared and provided defense. The case was settled within Pilgrim's $1 million policy limit.