Aurora County on hook for damages in lawsuit [The Daily Republic, Mitchell, S.D.]
| By Anna Jauhola, The Daily Republic, Mitchell, S.D. | |
| McClatchy-Tribune Information Services |
The decision could put the county and its taxpayers on the hook for millions of dollars in a controversy that is now 14 years old.
A judge has already determined
The determination of an amount of damages has been on hold since 2009 while the county's insurer, the
The insurance lawsuit hinged on whether the county provided timely notice of the
Attorneys for the county exited the third-floor
"Yeah, we won," a smiling attorney
The Alliance had to prove numerous points, and one of its attorneys, Wise, of
He asked the jury for a "no" answer to both of the first questions on the verdict sheet, which asked whether
The jury answered "no" to both questions.
The jury also found in favor of the Alliance on five other questions in the seven-point verdict:
--The Alliance was prejudiced by the county's untimely notice.
--
--The Alliance's knowledge as to the truth of the misrepresented, omitted, concealed or incorrect statements was material to the coverage of the dispute, and the Alliance would either not have issued coverage or would have altered the coverage had it known of the
--
--The county did not prove by clear and convincing evidence that a waiver has occurred.
Wise said during his closing argument Friday that
"We told them we would cover them under that scenario," Wise said. "Did anything in that correspondence or file memos, or anyone else from the county mention 'Thompson Farms' or a
Wise also reminded the jury of a letter to the Alliance from
Yet
In a
"The Alliance does have coverage for a
One of
However, he said Steele "genuinely thought the coverage for the Thompson lawsuit would come from the prior insurance carrier."
Tellinghuisen told the jury that although Steele thought he noticed all the county's insurance carriers of the dispute, he had "a mental block" in thinking he had also noticed the Alliance.
Tellinghuisen acknowledged Steele filed the insurance claim in 2009, which was years after
"Remember the memos. You have to look at the memos," Tellinghuisen said to the jury. "Those are the smoking guns. They don't lie."
Tellinghuisen referenced a file note and other memos from
"Is this another case of an insurance company not wanting to pay a claim?" Tellinghuisen said. "It's your duty to follow the law and to determine the facts."
Wise emphasized the memos never mentioned
He said it didn't make any sense that Steele didn't give the Alliance a copy of Meierhenry's letter threatening a lawsuit.
"It's not a question of fairness. It's a question of being bound to your word, and that was to give proper notice," Wise said. "You can't withhold material facts. If you do, we don't have to pay."
This was the second jury to return a verdict in favor of the Alliance against
After a jury found for the Alliance during the first trial in 2010, the county appealed to the state
The county could appeal this new decision, or the focus could return to the underlying
___
(c)2012 The Daily Republic (Mitchell, S.D.)
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