In a 1998 Wisconsin case, a former UW-La Crosse grad student had recently moved to Florida where he was involved in a bicycle accident. The bicyclist was struck and injured by a vehicle. As a result of the injuries he sustained, the bicyclist spent 17 days in the hospital.
At the time of the accident, the bicyclist had underinsured motorist coverage of $100,000 $300,000 which applied only after any applicable liability policy had been exhausted.
The driver's insurance company offered its $25,000 policy limits to resole its liability. The biker asked his underinsurance company to pay the $25,000 and underinsured motorist benefits.
The biker's insurance company refused to pay the underinsured motorist benefits and the biker was forced to sue his own insurance company for breach of contract. The company then argued that the suit was void because Florida has a five year statute of limitations based on the date of bicycle accident so Wisconsin's six year statute does not apply.
The court determined which statute of limitations to apply, Wisconsin or Florida, and concluded that, "Because Abraham's breach of contract claim is not a "foreign cause of action," the borrowing statute does not apply to his claim, and the timeliness of his action will be determined by Wisconsin's six-year period for commencing an action sounding in contract. See Wis. Stat. § 893.43."
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