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ABRAHAM v. MILWAUKEE MUTUAL INSURANCE CO.

No. 83-040.

115 Wis.2d 678 (1983)

Robert ABRAHAM and Jean Abraham, Plaintiffs-Respondents, v. MILWAUKEE MUTUAL INSURANCE COMPANY, and Harold L. Welhouse, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided October 26, 1983.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Chase, Olsen Kloet & Gunderson, with James O. Conway of counsel, of Sheboygan.

For the plaintiffs-respondents the cause was submitted on the brief of Walter F. Gregorski of Dewane, Gregorski, Dewane & Kummer of Manitowoc.

Before Scott, C.J., Voss, P.J., and Brown, J.

SCOTT, C.J.

Milwaukee Mutual Insurance Company and Harold L. Welhouse appeal from a judgment and an order denying their motion to dismiss a personal injury claim based on the defense of the statute of limitations. The issue on appeal is whether a property payment in settlement or advance under sec. 885.285(1), Stats., extends the statute of limitations under sec. 893.12, Stats.,1 for a personal injury claim.2

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