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ESSEX INS. CO. v. JAYCIE, INC.

No. 04-100.

99 P.3d 651 (2004)

2004 MT 278

323 Mont. 231

ESSEX INSURANCE COMPANY, Plaintiff and Respondent, v. JAYCIE, INC., d/b/a Gold Bar Tavern, Defendant and Appellant.

Supreme Court of Montana.

Decided October 6, 2004.

Attorney(s) appearing for the Case

For Appellant: Tammy Wyatt-Shaw and Travis B. Dye, Phillips & Bohyer, P.C., Missoula, Montana.

For Respondent: Christopher C. Voigt, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Essex Insurance Company (Essex) filed a declaratory action against Jaycie, Inc. (Jaycie). After serving the complaint and summons on Jaycie and not receiving an answer within twenty days, Essex had the clerk enter Jaycie's default. Shortly thereafter, Essex moved the District Court for a default judgment. Before the District Court ruled on Essex's request for a default judgment, Jaycie appeared...

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