McDonald v. American Family Mutual Insurance

On March 27, 1991, the plaintiffs, Jerald W. McDonald and Jerri Lynn McDonald, suffered storm damage to their home. On April 27, 1993, the plaintiffs filed this lawsuit against the defendant, American Family Mutual Insurance Co., to recover the difference between the amount the insurance company paid for the loss under a homeowner’s insurance policy and the amount the plaintiffs claimed. The trial court granted the defendant’s motion to dismiss, finding that the lawsuit was not filed within the policy’s limitations period for filing suit. The plaintiffs appeal. We reverse.

The record reveals…