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LRB-2200/1
TKK:emw
2015 - 2016 LEGISLATURE
May 19, 2015 - Introduced by Representatives Spiros, Sanfelippo, Horlacher,
Murphy and Allen, cosponsored by Senator Lasee. Referred to Committee on
Judiciary.
AB223,1,5 1An Act to renumber and amend 893.43, 893.54 (intro.) and 893.54 (1) and (2);
2to amend 893.52; and to create 893.43 (2) and 893.54 (2m) of the statutes;
3relating to: statutes of limitation on claims involving property damage and on
4claims arising from a motor vehicle accident and covered by a motor vehicle
5insurance policy.
Analysis by the Legislative Reference Bureau
Under current law, the time limit for initiating a civil action on a contract or
obligation, including an insurance policy, is generally six years after the cause of
action accrues. This bill changes the time limit to three years in those cases in which
the contract is a motor vehicle insurance policy. The bill describes a motor vehicle
insurance policy as a policy of insurance issued or delivered in this state against the
insured's liability for loss or damage resulting from an accident caused by any motor
vehicle, whether the loss or damage is to property or to a person.
Current law also requires a person seeking to recover damages for injuries to
the person or for death caused by the wrongful act, neglect, or default of another to
initiate a civil action in three years. This bill changes the time limit for initiating a
civil action to two years in those cases in which the death is caused by or arising from
an accident involving a motor vehicle covered by a motor vehicle insurance policy.
Finally, current law requires a person seeking damages for an injury to real or
personal property to initiate a civil action within six years after the cause of action

accrues. This bill changes the time limit for initiating such a civil action to three
years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB223,1 1Section 1. 893.43 of the statutes is renumbered 893.43 (1) and amended to
2read:
AB223,2,63 893.43 (1) An Except as provided in sub. (2), an action upon any contract,
4obligation, or liability, express or implied, including an action to recover fees for
5professional services, except those mentioned in s. 893.40, shall be commenced
6within 6 years after the cause of action accrues or be barred.
AB223,2 7Section 2. 893.43 (2) of the statutes is created to read:
AB223,2,108 893.43 (2) An action upon a motor vehicle insurance policy described in s.
9632.32 (1) shall be commenced within 3 years after the cause of action accrues or be
10barred.
AB223,3 11Section 3. 893.52 of the statutes is amended to read:
AB223,2,16 12893.52 Action for damages for injury to property. An Except in the case
13where a different period is expressly prescribed, an
action, not arising on contract,
14to recover damages for an injury to real or personal property shall be commenced
15within 6 3 years after the cause of action accrues or be barred, except in the case
16where a different period is expressly prescribed
.
AB223,4 17Section 4. 893.54 (intro.) of the statutes is renumbered 893.54 (1m) (intro.)
18and amended to read:
AB223,2,2019 893.54 (1m) (intro.) The Except as provided in sub. (2m), the following actions
20shall be commenced within 3 years or be barred:
AB223,5
1Section 5. 893.54 (1) and (2) of the statutes are renumbered 893.54 (1m) (a)
2and (b), and 893.54 (1m) (a), as renumbered, is amended to read:
AB223,3,63 893.54 (1m) (a) An action to recover damages for injuries to the person,
4including an action to recover damages for injuries to the person caused or sustained
5by or arising from an accident involving a motor vehicle covered by a motor vehicle
6policy described in s. 632.32 (1)
.
AB223,6 7Section 6. 893.54 (2m) of the statutes is created to read:
AB223,3,118 893.54 (2m) An action brought to recover damages for death caused by the
9wrongful act, neglect, or default of another and arising from an accident involving
10a motor vehicle covered by a motor vehicle insurance policy described in s. 632.32 (1)
11shall be commenced within 2 years after the cause of action accrues or be barred.
AB223,7 12Section 7. Initial applicability.
AB223,3,1413 (1) This act first applies to actions or special proceedings that are commenced
14on the effective date of this subsection.
AB223,3,1515 (End)
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