Sargent v. State Farm Mutual Automobile Insurance

OPINION

KLAPHAKE, Judge.

lone and Robert Sargent appeal from summary judgment in their action to recover underinsured motorist benefits from their insurer, State Farm Mutual Automobile Insurance Company. In granting summary judgment, the court found that the claim was barred by the six-year contract statute of limitations. The Sargents argue the claim accrued, not with the accident, but when State Farm denied their demand for payment of underinsured benefits. We reverse and remand for trial.

FACTS

On September 30, 1983, Jerry Duerkop’s vehicle struck the vehicle in which appellant lone Sargent…