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Insurance-Statute of Limitations-Sanctions

By: WISCONSIN LAW JOURNAL STAFF//June 24, 2024//

Insurance-Statute of Limitations-Sanctions

By: WISCONSIN LAW JOURNAL STAFF//June 24, 2024//

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WI Court of Appeals – District III

Case Name: Minnesota Built Harris, LLC v. Hastings Mutual Insurance Company

Case No.: 2022AP001210

Officials: Hruz, J.

Focus: Insurance-Statute of Limitations-Sanctions

Minnesota Built Harris, LLC (“Minnesota Built”) appealed a summary judgment in favor of Hastings Mutual Insurance Company (“Hastings”) and a sanction order against its counsel. The appeals court affirmed the decisions, concluding that Minnesota Built’s action was barred by the two-year limitations period specified in the insurance policy, which required legal action to be initiated within two years of the date of loss. The hailstorm causing the damage occurred on June 11, 2017, but Minnesota Built filed its lawsuit on June 9, 2020, well past the deadline.

Additionally, the court sanctioned Minnesota Built’s counsel for egregious misconduct. Counsel falsely claimed to represent Hugo Bass Group, LLC (“Hugo Bass”) throughout the proceedings. This misrepresentation, including signing and filing documents on behalf of Hugo Bass, disrupted court proceedings and demonstrated a lack of candor. The circuit court used its inherent authority to impose a $5,000 sanction to preserve the integrity and efficiency of judicial processes. The appellate court upheld both the summary judgment and the sanction, rejecting Minnesota Built’s arguments on appeal.

Affirmed.

Decided 06/18/24

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