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COLONIAL PENN LIFE INSURANCE CO. v. MARKET PLANNERS INS. AGENCY, INC.

A93A0015.

209 Ga. App. 562 (1993)

434 S.E.2d 124

COLONIAL PENN LIFE INSURANCE COMPANY v. MARKET PLANNERS INSURANCE AGENCY, INC. et al.

Court of Appeals of Georgia.

Decided July 16, 1993.

Attorney(s) appearing for the Case

Drew, Eckl & Farnham, Paul W. Burke, Jerry C. Carter, Jr., for appellant.

Chambers, Mabry, McClellant & Brooks, Jan P. Cohen, F. Scott Young, for appellees.

SMITH, Judge.

Colonial Penn Life Insurance Company (Colonial Penn) brought suit against Market Planners Insurance Agency, Inc. and Jimmy Whited in the State Court of Fulton County. No timely answer was filed. When the defendants did file an answer, they simultaneously moved to open the pre-judgment default. The reason given for the failure to file an answer was their mistaken belief that the complaint in this case was precisely the same as a substantively identical...

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