State Farm Mutual Automobile Insurance v. Schara

This appeal poses a basic question that, surprisingly, has not heretofore been adjudicated in this court: Within what time limit must a tortfeasor who has settled with an injured person commence an action for contribution against a joint tortfeasor? The answer to the question is dependent upon when the cause of action accrues and what limitation statute, if any, applies subsequent to the date of the accrual.

Wisconsin cases lead to the conclusion that a cause of action for contribution is separate and distinct from the underlying cause of action whether that underlying cause sounds in contract…