Succession of Barreca v. Weiser

McKAY, J.,

Dissents.

|TI respectfully dissent and would reverse the trial court’s granting of summary judgment. Although the majority preter-mits the issue of prescription, I do not agree with their findings and conclusions. This case was thrown out on the grounds that it had prescribed. However, there are genuine issues of material fact regarding whether the policy was a single premium policy. This precludes summary judgment in this case.