# Succession of Barreca v. Weiser

> Louisiana Court of Appeal · November 3, 2010 · 2010 La.App. 4 Cir. 0574

URL: https://www.frixlaw.com/law-library/cases/4862403

## Case

- **Full name:** SUCCESSION OF Lynette S. BARRECA v. Matthew D. WEISER and New York Life Insurance Company
- **Court:** Louisiana Court of Appeal
- **Decided:** November 3, 2010
- **Citations:** 2010 La.App. 4 Cir. 0574; 53 So. 3d 481; 2010 La. App. LEXIS 1543; 2010 WL 4397001
- **Precedential status:** Published
- **Opinion:** Dissent by McKay
- **Judges:** Gorbaty, III, McKay, Tobias
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4862403

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4862403. Public record. Not legal advice.