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WARMKA v. HARTLAND CICERO MUT. INS.

No. 84-1901.

136 Wis.2d 31 (1987)

400 N.W.2d 923

James WARMKA, Plaintiff-Appellant, v. HARTLAND CICERO MUTUAL INSURANCE COMPANY, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided February 19, 1987.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there was a brief by William A. Woodrow, Thomas A. Woodrow and Adams, Woodrow & Mathey, S.C., Neenah, and oral argument by William A. Woodrow.

For the plaintiff-appellant there was a brief by Maureen L. Kinney and Johns & Flaherty, S.C., LaCrosse and oral argument by Maureen L. Kinney.

For the amicus curiae (Wisconsin Insurance Alliance) there was a brief by James T. Murray, Jr. and Randy S. Parlee, Milwaukee.

STEINMETZ, J.

The issue in this case is whether a bad faith action brought by an insured against his insurer is an action on the policy within the meaning of sec. 631.83(1)(a), Stats.,1 and therefore controlled by the one-year statute of limitations; or is it a separate intentional tort subject to the two-year statute of limitations set forth in sec. 893.57.2

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