Prudential Life Insurance Co. of America v. Boyce

I respectfully dissent from the majority’s judgment of reversal of the lower court’s summary judgment. In so concluding, I am not unaware of the myriad of cases correctly expressing the view that summary judgment will be withheld unless there is a clear showing that there is no genuine issue of material facts as shown by the pleadings, affidavits, depositions, etc. The correctness of the rule is universally acknowledged. However, the unanimity with which the Bench and Bar states the substance of the rule diminishes when the question is one of application of the rule to a given case. In my…