William Powers joined a group of friends for an evening of drinking. They hired Ultimate Livery Service to drive them to various bars and clubs. They drank throughout the evening and while they were in the van. The van driver dropped off the friends at various locations with William being one of the last to leave. The location he chose was the bar where he had parked his vehicle. The bar and the subway were closed and William decided to drive.
William struck another vehicle. One person was killed and others were injured, including William and his passengers.
Ultimate Livery was sued. Commerce Insurance Company provided businessowners and automobile coverage for Ultimate but denied coverage under both.
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