By: dmc-admin//May 6, 2002//
“An insured should not be required to proceed at the time of the accident under his or her underinsured motorist policy without any knowledge of the underlying tortfeasors’ liability or coverage or the insured’s own potential contributory negligence. For these reasons, we conclude that the cause of action in this case appropriately accrued on the date on which there was a presentable claim, which was the date of the settlement.”
The court expressly rejected the insurer’s further claims of laches and equitable estoppel.
Affirmed.
Attorneys:
For Appellant: Douglas J. Carroll, Timothy D. Pagel, Milwaukee
For Respondent: William G. Ladewig, Sharon K. Iggens, Menomonee Falls