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WIETING FUNERAL HOME v. MERIDIAN MUT. INS. CO.

No. 04-0461.

277 Wis.2d 274 (2004)

2004 WI App 218

690 N.W.2d 442

WIETING FUNERAL HOME OF CHILTON, INC., Plaintiff-Appellant, v. MERIDIAN MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 13, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Patrick J. Coffey, of Menn, Teetaert & Beisenstein, Ltd. of Appleton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Rebecca Leair, of Baxter, O'Meara, Leair & Colon, S.C.

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

¶ 1. NETTESHEIM, J.

Meridian Mutual Insurance Company paid a portion of a property insurance claim made by its insured, Wieting Funeral Home of Chilton, Inc. (Wieting), but refused to pay the balance of the claim. The lead issue on appeal is whether Meridian's payments served to toll the statute of limitations on Wieting's present action seeking to collect on the balance...

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