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CBX Resources, LLC v. ACE American Insurance Co.

Court: WD Tx  06/28/2018  No Coverage for Judgment that Did Not Result from Fully Adversarial Trial

Judgment against insured was not covered under commercial general liability and commercial umbrella policies because the judgment did not result from a "fully adversarial trial," (i.e., one where "the insured bore an actual risk of liability for the damages" or "had some meaningful incentive to ensure the judgment . . . accurately reflects the plaintiff's damages") where the insured was not represented by counsel, did not attend trial or defend itself, and did not participate in the damages hearing.

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