Blue Cross & Blue Shield of Kentucky, Inc. v. Smither

HOWARD, Judge.

This is an appeal from a summary judgment entered in the Owen Circuit Court in favor of plaintiff-appellee, Maude S. Smith-er (hereinafter referred to as Smither), entitling her to recover certain benefits under the medical benefits plan of defendant-appellant, Blue Cross and Blue Shield of Kentucky, Inc. (hereinafter referred to as Blue Cross and Blue Shield). Blue Cross and Blue Shield argue that there was a genuine issue as to whether the entire period of Smither’s hospitalization was “medically necessary” and therefore properly payable under the medical benefits plan.

Smither,…