Fill and Sign the Motion Summary Judgment Order 497315360 Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       AND       PLAINTIFFS VS. NO.             DEFENDANT REBUTTAL IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT 1. The Plaintiffs' Response to       Motion does not contest any of the undisputed facts set forth in       Motion. Accordingly, the issue of whether       could be subject to punitive damages, that is, (1) whether       did not have a legitimate or arguable basis for denying the claim and (2) whether       acted with malice, oppression or in reckless disregard for the Plaintiffs' rights is properly before this Court. Davidson v. State Farm Fire & Cas. Co., 641 F. Supp. 503, 506, 510 (N.D. Miss. 1986) (punitive damage issue in refusal to pay claim appropriate for summary judgment). 2.       attending physician presents an Affidavit presumably in support of his/her Response. However, the Affidavit does nothing more than address undisputed facts. Dr.       does not dispute that the admission into       was not medically necessary. He/She simply states he/she was admitted for a particular reason. This is not contested. Even if       had claimed that the treatment was medically necessary,       reliance on       other physicians' opinions that the hospitalization was not medically necessary was a legitimate or arguable reason for denial. 3.       further states that       approved       admission after it was called for pre - certification. However, Dr.       does not represent to this Court that the certification granted was for the entire stay.       admits it was called for pre - certification - - it was called on       occasions concerning the first       days of admission. Certification was given, but for only       day. See Affidavit of       attached as Ex.       to the Motion and Affidavit of       , attached as Ex.       . to this Rebuttal.       is the Hospital representative who actually spoke with Nurse       . He/She testifies that certification was granted only for             ,       . To the extent the Plaintiff intended the Doctor's ambiguous statement to dispute whether certification was granted for the entire stay, the Affidavit is deficient and cannot be used for that purpose. Specific facts must be offered to oppose a motion for summary judgment rather than general statements. Fruchter v. Lynch       Co., 522 So. 2d 195, 199 (Miss. 1988); Jenkins v Forrest Co General Hoso., 542 So. 2d 1180, 1185 (Miss. 1988) (physician's affidavit that failed to set forth specific facts to support general statement was insufficient to defend against summary judgment motion). 4. No genuine issue as to any material facts exists. Accordingly, the issue as to whether       had a legitimate or arguable basis for refusing to pay for hospital expenses that were found not to be medically necessary, which is not disputed, is a matter for this Court to decide on summary judgment. ACCORDINGLY,       requests this Court to grant its Motion for Summary Judgment. DATED, this the       day of       ,       . Respectfully submitted,       BY:______________________________________       , One of Its Attorneys CERTIFICATE OF SERVICE I,       , certify that I have caused to be mailed by United States mail, postage prepaid, a true and correct copy of the above and foregoing REBUTTAL IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT to the following counsel of record:       This the       day of       ,       . ________________________________________