CBX Resources, LLC v. ACE American Insurance Co.
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.
commercial general liability, commercial umbrella liability, Underground Resources and Equipment Coverage Endorsement, duty to defend, duty to indemnify, excess judgment, fully adversarial trial, judgment as evidence
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