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McMILLAN-WARNER MUT. INS. v. KAUFFMAN

No. 89-1574.

159 Wis.2d 588 (1990)

465 N.W.2d 201

McMILLAN-WARNER MUTUAL INSURANCE COMPANY, Plaintiff-Respondent, v. Richard KAUFFMAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 8, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Ruth D. Kressel of Linehan Law Offices of Wausau.

For the plaintiff-respondent the cause was submitted on the brief of Michael L. Bertling of Carroll, Parroni, Postlewaite, Graham, Pack & Bertling, S.C. of Eau Claire.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

Richard Kauffman appeals from a judgment entered against him in favor of McMillan-Warner Mutual Insurance Company after the circuit court denied his motion to dismiss. The ground for Kauffman's motion was that McMillan-Warner's cause of action was time-barred under sec. 893.52, Stats. We hold that the circuit court erred when it concluded that the period of limitation of sec. 893.52 was tolled under sec. 893.13(2), by the commencement of a previous action...

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