Sahloff (Raymond A.) v. Western Casualty

Five years and eleven months after becoming involved in an automobile accident, the plaintiff-respondent Raymond A. Sahloff
commenced this suit to recover for his injuries against his insurer Western Casualty & Surety Company (Western Casualty)
on an uninsured motorist endorsement to his automobile liability policy. Western Casualty demurred to the complaint on the
ground the cause of action sounded in tort and was subject to the three-year statute of limitations prescribed by sec. 893.205
(1), Stats. From the order overruling the demurrer, Western Casualty appeals. On an appeal from the overruling of a demurrer, we are confined to the facts stated in the complaint. The complaint alleged
the plaintiff's policy of insurance issued by Western Casualty contained an endorsement protecting him against damages for
bodily injury caused by the operator of an uninsured automobile; that this endorsement provided settlement by arbitration
and this provision had been expressly waived by the defendant.