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AETNA CASUALTY & SURETY CO. v. OWEN

No. 94-1462.

191 Wis.2d 744 (1995)

530 N.W.2d 51

The AETNA CASUALTY & SURETY COMPANY, Plaintiff-Appellant, v. Thomas OWEN, Robert Owen, Phyllis Owen, United Services Automobile Association, Brian Duffy, Karl Weseljak, Mary Weseljak and American Family Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 22, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert W. Zillmer, Jr. of Mueller, Goss & Darnieder, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Larry J. Britton and Richard G. Kalkhoff of Vlasak, Britton & Konkel, S.C. of Milwaukee, and Timothy J. Pike and Clayton L. Riddle of Peterson, Johnson & Murray, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

ANDERSON, P.J.

The Aetna Casualty and Surety Company appeals from a summary judgment dismissing its subrogated claim because the period of limitations had lapsed before Aetna filed its action. Aetna asserts that the statute of limitations had been tolled for the period of time its insured's separate claim was pending. Because we conclude that the pendency of an action does not toll the statute of limitations for any independent subrogated claim arising out of an occurrence...

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