Gulf Insurance v. Clark

¶1 Appellant Donald Clark (Clark) appeals an order of the Twentieth Judicial District Court, Lake County, denying his motion to quash a writ of execution obtained by Gulf Insurance Company (Gulf) and Security Insurance of Hartford (Security). We reverse and remand for proceedings consistent with this Opinion.

¶2 We address the following issue on appeal: Did the District Court err in denying Clark’s motion to quash the writ of execution?

I. FACTUAL AND PROCEDURAL BACKGROUND

¶3 This is the second time this case has appeared before this Court. In Gulf Ins. Co. v. Clark, 2001 MT 45, 304 Mont. 264,…