Massachusetts Superior Court March 22, 2002, No. 20001575 (Wagner Bros. v. Commerce Insurance)

Hillman, J.

This matter comes before this Court on the defendant’s motion for summary judgment. The defendant, The Commerce Insurance Company (“Commerce”), contends that, pursuant to an insurance policy between itself and the plaintiff, it has no duty to defend the plaintiff. Conversely, the plaintiff, Wagner Brothers, Inc. (“Wagner”), and the interested parties, George A.