Abraham v. Milwaukee Mutual Insurance Co.

Milwaukee Mutual Insurance Company and Harold L. Welhouse appeal from a judgment and an order denying their motion to dismiss a personal injury claim based on the defense of the statute of limitations. The issue on appeal is whether a property payment in settlement or advance under sec. 885.285(1), Stats., extends the statute of limitations under sec. 893.12, Stats., 1 for a personal injury claim. 2 We hold that a property payment does extend the statute of limitations for a personal injury claim but only if made within the three-year limitation period provided by sec. 893.54(1). 3 Because…