Insurance — statute of limitations

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Insurance — statute of limitations

This action arises out of a dispute between an insured and his insurer over a claim for storm damage to the insured’s property. The circuit court granted summary judgment dismissing the insured’s complaint on the ground that it is barred by the one-year statute of limitation set forth in Wis. Stat. § 631.83(1) (2009-10) and the corresponding limitation provision in the insurance policy. The insured contends that there are material issues of fact regarding his assertion that the insurer is equitably estopped from raising the limitation period as a defense. We agree with the insured that there are material issues of fact and that summary judgment was therefore improper. Accordingly, we reverse and remand for further proceedings consistent with this opinion. Not recommended for publication in the official reports.

2011AP167 Elliott v. General Casualty Company of Wisconsin

Dist IV, Dane County, Flanagan, J., Vergeront, J.

Attorneys: For Appellant: Greenwald, Thomas E., Rockford, IL; For Respondent: Corneille, Barrett J., Madison; Pliner, David J., Madison

TAGS: WI Court of Appeals Digest, Civil Digest, Insurance Digest

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