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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPINO. PLAINTIFF vs. DEFENDANT ANSWER AND DEFENSES TO COMPLAINT , by and through counsel, responds to the Complaint filed in the above styled and numbered cause, and states as follows: FIRST DEFENSE responds paragraph by paragraph to the complaint and states as follows: 1. admits the allegations in paragraph number 1. 2. admits the allegations in paragraph number 2. 3. is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph number 3 - 4. Based on information and belief, admits that an automobile accident involving an automobile driven by the Plaintiff and an automobile driven by the Defendant occurred on or about , 20 in County, Mississippi on . Based on information and belief, admits that the plaintiff was traveling on and the Defendant was traveling on and further admits that the Defendant crossed the center line after losing control of his/her vehicle when he/she struck some water in . further admits that the plaintiff suffered some personal injuries and resulting damages. denies any other allegations in paragraph number 4. 5. admits that the plaintiff had an automobile liability insurance policy with      in force at the time of the accident. affirmatively states that it has paid medica l payments coverage benefits and uninsured motor coverage benefits to the plaintiff equaling the full limits those respective coverages denies any other allegations in paragraph number 5. 6. admits that the Defendant was an uninsured motorist within the meaning of ’s policy and Mississippi statutory law. further admits that the Defendant appears to have been negligent in causing the accident. further admits that the Plaintiff suffered some personal injuries and resulting damages. denies any other allegations in paragraph number 6.7. admits that the Plaintiff filed an uninsured motorist coverage claim with     . affirmatively states that it paid the applicable single limit of uninsured motorist coverage benefits under the policy which the plaintiff had with . denies any other allegations in paragraph number 7. 8. denies any and all allegations as to it which are contained in the paragraph beginning with the word "Wherefore", specifically denies that the Plaintiff is entitled to any relief from it whatsoever in the form of any damages of any type whatsoever including but not limited to any further uninsured motorist coverage benefits, any punitive damages, any attorney's fees and litigation expenses, and any damages for mental or emotional distress. SECOND DEFENSE affirmatively states that it paid to the Plaintiff the sum of $ in uninsured motorist coverage benefits comprised of the "per person" uninsured motorist coverage limit of $ on the policy issued to the Plaintiff. Insurance Company further affirmatively states that its liability under the terms and conditions of the policy, based on injuries and damages suffered by the Plaintiff, was limited to $ in uninsured motorist coverage benefits and $ in medical payments coverage benefits which have all been paid to the Plaintiff. THIRD DEFENSE affirmatively states that it acted reasonably, legitimately and in good fait h and certainly had an arguable basis for denying any further benefits in the amount sought by the Plaintiff and, thus, was not guilty of bad faith and, therefore, cannot be liable for any extra-contractual or punitive damages. FOURTH DEFENSE affirmatively states that the uninsured motorist provisions of the policy in question were approved by the Mississippi Insurance Commission and, therefore, acted reasonably and in good faith in reliance of the terms and conditions of the policy provisions as approved. FIFTH DEFENSE Although denying that Plaintiff is entitled to punitive damages or any relief whatsoever against , affirmatively states that any assessment of punitive damages against the defendant would be violative of the provisions of the Constitution of the United States of America, including the Eighth Amendment and the Fourteenth Amendment thereof; and is violative of the provisions of the Mississippi Constitution, including Section 28 thereof. SIXTH DEFENSE Although denying that Plaintiff is entitled to punitive damages, or any relief whatsoever, from , affirmatively states:1. An award of punitive damages in this civil action would amount to a deprivation of property without due process of law in violation of the fifth and fourteenth Amendments to the United States Constitution and § 14 of the Mississippi Constitution; 2. No legislation has been enacted authorizing punitive damages in a civil action such as this or placing any limit on the amount of punitive damages awardable. 3. An award of punitive damages in this civil action would violate the due process provisions of the Fifth and Fourteenth Amendments to the United States Constitution and of Section 14 of the Mississippi Constitution. 4. The criteria used for determining whether and in what amount punitive damages may be awarded are impermissibly vague, imprecise and inconsistent and are therefore in violation of the due process provisions of the Fifth and Fourteenth Amendments to the Constitution of the United States; 5. An award of punitive damages in this civil action would amount to an excessive fine in violation of the Eighth Amendment to the Constitution of the United States of America and of Section 28 of the Mississippi Constitution. WHEREFORE, the above grounds considered, requests this Court to dismiss this action with prejudice to any and all of the Plaintiff's claims against it, and to assess all costs of Court against the Plaintiff or the individual Defendant, and to provide any and all other relief appropriate under the circumstances. Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for