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VILLA CLEMENT v. NATIONAL UNION FIRE INS.

No. 83-2016.

120 Wis.2d 140 (1984)

353 N.W.2d 369

VILLA CLEMENT, INC., a Wisconsin non-profit corporation, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a foreign stock insurance company, Defendant-Respondent, VOSS-HRDLICKA-JORGENSEN COMPANY, INC., a Wisconsin corporation; Don DeBack Grading, Inc., a Wisconsin corporation; West Bend Mutual Insurance Company, a Wisconsin mutual insurance company; Arthur Gaffney, d/b/a Gaffney Grading; United States Fidelity & Guarantee Company, a foreign stock insurance company; Leo Dretzka Construction Co., a Wisconsin corporation; and Bituminous Casualty Corporation, a foreign stock insurance company, Defendants.

Court of Appeals of Wisconsin.

Decided June 20, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Elliott Law Offices, with David M. Sweet of counsel, of West Allis.

For the defendant-respondent the cause was submitted on the briefs of Fellows, Himebauch, Piper & Schmidt, with Donald H. Piper and Terry J. Booth of counsel, of Milwaukee.

Before Wedemeyer, P.J., Moser, J. and Michael T. Sullivan, Reserve Judge.

SULLIVAN, J.

Villa Clement, Inc. (Villa Clement) appeals from a summary judgment dismissing its action against National Union Fire Insurance Company of Pittsburgh, Pa. (National Union) on the ground that the action was time barred under the terms of the policy and under sec. 631.83(1)(a), Stats. We agree with the trial court that Villa Clement's action is barred under the limitation period set forth in the policy. We also agree that

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