I am appealing insurance company denying bariatric surgery and now they have filed motion for summary judgement how do i respond

Asked over 5 years ago - Kings Mountain, NC

the ins lawyer filed a motion for summary judgement in my bariatric weight loss case I have followed every rule to the letter.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The best way to proceed depends on the answers you provide and many others things. The motion needs to be answered correctly.

    You might find as the most basic of help my Legal Guide helpful What is a Summary Judgment?

    http://www.avvo.com/legal-guides/ugc/what-is-a-...

    Contact a lawyer in your area to give you some help. We cannot see documents online so no further observation is possible.

    Good luck to you, and God bless.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. Guy Scott DiMartino

    Contributor Level 13

    Answered . Based on the tenor of your question, it appears the case is in court. If your health insurance is through a benefit plan at work, it is covered under ERISA. Under ERISA you have to exhaust the administrative remedies set out in the Plan Description. Once the administrative remedies are exahusted, the matter can be filed in court.

    Summary judgment is a pleading where the moving party asks the court to rule on the case as a matter of law. Typically, the moving party will say that "there are no genuine issues of material fact" and the court can rule on the matter as a matter of law. In other words there are no factual issues in the case.

    You did not provide the basis for the defense lawyers motion. Your state's rules of civil procedure will set forth specific things that can be filed in opposition to the motion.

    Good luck.

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