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Wisconsin Statutes Insurance (Ch. 600 to 655) § 631.83. Limitation of actions

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(1) Statutory periods of limitation. (a) Fire insurance. An action on a fire insurance policy must be commenced within 12 months after the inception of the loss. This rule also applies to riders or endorsements attached to a fire insurance policy covering loss or damage to property or to the use of or income from property from any cause, and to separate windstorm or hail insurance policies.

(b) Disability insurance. An action on disability insurance coverage must be commenced within 3 years from the time written proof of loss is required to be furnished.

(c) Life claims based on absence of insured.Sections 813.22 to 813.34 apply to life insurance actions based on death in which absence is relied upon as evidence of death.

(d) Other. Except as provided in this subsection or elsewhere in chs. 600 to 646 and 655, s. 893.43 applies to actions on insurance policies.

(2) General law applicable to limitation of actions. Except for the prescription of time periods under sub. (1) or elsewhere in chs. 600 to 646 and 655, the general law applicable to limitation of actions as modified by ch. 893 applies to actions on insurance policies.

(3) Prohibited clauses of policies. No insurance policy may:

(a) Shorten periods of limitation. Limit the time for beginning an action on the policy to a time less than that authorized by the statutes;

(b) Limit jurisdiction. Prescribe in what court action may be brought thereon;  or

(c) Proscribe action. Provide that no action may be brought.

(4) Minimum waiting period for action. No action may be brought against the insurer on an insurance policy to compel payment thereunder until at least 60 days after proof of loss has been furnished as required by the policy or such proof of loss has been waived, or the insurer has denied full payment, whichever is earlier. This subsection does not apply in any case in which the verified complaint alleges facts that would establish prejudice to the complainant by reason of such delay, other than the delay itself.

(5) Tolling of period of limitation. The period of limitation is tolled during the period in which the parties conducted an appraisal or arbitration procedure prescribed by the insurance policy or by law or agreed to by the parties.

Cite this article: - Wisconsin Statutes Insurance (Ch. 600 to 655) § 631.83. Limitation of actions - last updated January 01, 2018 |

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