Country Preferred Ins. Co. v. Whitehead

This case presents question as to whether trial court properly denied defendant-insured's motion to arbitrate defendant's uninsured motorist claim arising out of defendant's automobile accident that occurred in Wisc. where plaintiff-insurance company alleged that defendant was barred from pursuing such claim because she had not requested arbitration within 2-year policy limitation period? Appellate Court, in reversing trial court, found that 2-year limitation period violated public policy as it applied to defendant because it effectively shortened applicable 3-year Wisc. statute of limitations period that applied to accidents occurring in Wisc., and because it placed defendant in substantially different position than if other driver had been insured. (Dissent filed.)