Country Preferred Insurance Co. v. Whitehead

Insured driver was in car accident with uninsured driver in Wisconsin.  Insured sent written demand for arbitration to her insurer, but did not provide name of an arbitrator.  Insurer denied request as untimely, and insured filed counterclaim for declaratory judgment.Court properly granted insured's motion for summary judgment. Tolling of 2-year limitations period for her to demand arbitration began upon insurer's receipt of her sworn proof of loss, and continued until insurer rejected her arbitration demand.  Thus, subtracting time that was tolled, only 13 months passed from time of accident to insured's demand for arbitration, and thus demand was well within 2-year time period to demand arbitration.(O'BRIEN and HOLDRIDGE, concurring.)