Warmka v. Hartland Cicero Mutual Insurance

The issue in this case is whether a bad faith action brought by an insured against his insurer is an action on the policy within the meaning of sec. 631.83(l)(a), Stats., 1 and therefore controlled by the one-year statute of limitations; or is it a separate intentional tort subject to the two-year statute of limitations set forth in sec. 893.57. 2

The plaintiff, James Warmka (Warmka), was insured by Hartland Cicero Mutual Insurance company on a fire insurance policy. On July 5, 1982, the plaintiff suffered loss to his property and made a claim against his policy which was subsequently denied…