I dissent. In my view, there was no evidence submitted by appellant in opposition to the Motion for Summary Judgment which would support a theory of oral contract. As to that theory, a grant of summary judgment was proper, and consequently the decision of the superior court should, to that extent, be affirmed. Ransom v. Haner, 362 P.2d 282 (Alaska 1961).
However, it is evident from the record in this case that appellant Howarth advanced an alternative theory of contractual liability, based upon the terms of the written assignment as they were understood by the parties. In my view there was sufficient evidence presented by Howarth to raise a genuine issue of material fact as to whether such a contract was created and, if so, whether it obligated the bank to obtain insurance protecting the property in question. Thus, appellant should be allowed to proceed on this theory in the superior court, since the statute of limitations does not bar such a theory.