Aurora County on hook for damages in lawsuit [The Daily Republic, Mitchell, S.D.] - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
January 7, 2012 Newswires
Share
Share
Post
Email

Aurora County on hook for damages in lawsuit [The Daily Republic, Mitchell, S.D.]

Anna Jauhola, The Daily Republic, Mitchell, S.D.
By Anna Jauhola, The Daily Republic, Mitchell, S.D.
McClatchy-Tribune Information Services

Jan. 07--After three and a half hours of deliberation Friday afternoon, a Davison County jury decided Aurora County is liable to pay damages in an earlier decision won against the county by Thompson Farms.

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 Thompson Farms is owed money because county zoning laws passed during the late 1990s forced the family to lose its dairy business.

The determination of an amount of damages has been on hold since 2009 while the county's insurer, the South Dakota Public Assurance Alliance, sued the county to avoid covering the damages.

The insurance lawsuit hinged on whether the county provided timely notice of the Thompson Farms matter. The Alliance successfully claimed it did not receive timely notice and therefore does not have to cover future damages assessed against the county in the Thompson Farms lawsuit.

Attorneys for the county exited the third-floor Davison County courtroom in Mitchell quickly after the proceedings. Attorneys for the Alliance celebrated, visiting with people on cell phones.

"Yeah, we won," a smiling attorney Roy Wise said while speaking on a phone.

The Alliance had to prove numerous points, and one of its attorneys, Wise, of Aberdeen, started his closing argument by thanking the jury for its patience with and attention to the complex case.

He asked the jury for a "no" answer to both of the first questions on the verdict sheet, which asked whether Aurora County promptly reported any incident that could result in a claim being made by or against the county, and whether the county gave timely notice of any situation or injury that may have resulted in a claim.

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.

--Aurora County made a misrepresentation, an omission of fact, concealed facts, or made incorrect statements to the Alliance about the zoning dispute with Thompson Farms.

--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 Thompson Farms lawsuit.

--Aurora County did not prove that the Alliance misrepresented the availability of coverage for zoning actions and claims of inverse condemnation, or that the county reasonably relied on those representations to its ultimate detriment.

--The county did not prove by clear and convincing evidence that a waiver has occurred.

Wise said during his closing argument Friday that Aurora County created "an elaborate scenario of two dairy farmers" and asked the Alliance whether that type of scenario would be covered, but never specifically mentioned Thompson Farms.

"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 $5 million claim?"

Wise also reminded the jury of a letter to the Alliance from Susan Urban, the county's auditor, that stated, "We are not aware of any incidents that may result in a loss under this area of coverage prior to 3/1/01."

Yet Thompson Farms' attorney, former state attorney general Mark Meierhenry, sent a letter to Aurora County State's Attorney John Steele on Jan. 22, 2001, threatening a lawsuit. Wise said the letter proves the county knew of the dispute prior to entering into a contract with the Alliance later in 2001 and could have easily notified the Alliance.

In a Feb. 13, 2001, letter Steele sent to the county's previous insurance carrier, he referenced the Thompson Farms dispute by name. However, he did not send that notice to the Alliance.

"The Alliance does have coverage for a Thompson Farms-type claim, we've never disputed that," Wise said, adding that the Alliance did not know of the Thompson Farms claim specifically.

One of Aurora County's attorneys, Roger Tellinghuisen, of Spearfish, also a former state attorney general, told the jury there was no dispute the county finally gave notice of the Thompson Farms issue in 2009.

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 Thompson Farms filed a lawsuit against the county. But he said the county signed a contract for 10 years of retroactive coverage through the Alliance, which should have covered the Thompson Farms dispute.

"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 Joann Gries, a former secretary at Hagan Benefits Inc., an underwriter for the Alliance. The memos between Gries and Claims Associates, the reinsurer for the Alliance, mentioned a dairy farm zoning dispute and said it would be covered under the retroactive policy.

"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 Thompson Farms specifically.

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 Aurora County.

After a jury found for the Alliance during the first trial in 2010, the county appealed to the state Supreme Court. The Supreme Court ordered a new trial, because certain documents had been improperly excluded from evidence during the first trial.

The county could appeal this new decision, or the focus could return to the underlying Thompson Farms suit. Thompson Farms successfully sued the county in 2002, eventually getting a judge to declare that a county cap on dairy cattle imposed in 1998 put the Thompsons out of business. The next step in that underlying case is to determine a damage amount, which could be in the millions, judging from the $5.6 million the Thompsons sought upon filing their lawsuit.

___

(c)2012 The Daily Republic (Mitchell, S.D.)

Visit The Daily Republic (Mitchell, S.D.) at www.mitchellrepublic.com

Distributed by MCT Information Services

Wordcount:  1131

Older

Mitchell family back on feet after fire with help from donations [The Daily Republic, Mitchell, S.D.]

Newer

Investigators: Fatal Winner fire accidental [The Daily Republic, Mitchell, S.D.]

Advisor News

  • What’s behind private equity investment in insurance brokerages
  • Advisors get a win as NJ Senate passes independent contractor bill
  • Why federal retirement benefits are more complex than advisors realize
  • Why timing the market is still a retirement mistake and what to do instead
  • Business owners may be overlooking a key part of their financial picture
More Advisor News

Annuity News

  • Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
  • Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
  • Fortitude Re Completes $500 Million FABN Issuance
  • Reframing retirement income for greater certainty
  • Jackson Introduces Dow Jones Industrial Average Index Option, Flexible Premiums, Six-Year Rate Guarantee in Latest Registered Index-Linked Annuity Launch
More Annuity News

Health/Employee Benefits News

  • California is getting ready to increase a health insurance tax. Will it affect your premium?
  • Report: Rural Virginia hospitals at risk of closure
  • JasonRhodesnamed to Shelbyville CityCouncil
  • Getting disability benefits got harder after the Social Security Administration changes
  • Capitol Beat: Scott's veto signatures piling up
More Health/Employee Benefits News

Life Insurance News

  • OVER $107 MILLION IN LIFE INSURANCE BENEFITS LOCATED FOR TENNESSEANS IN 2025 THROUGH NAIC'S LIFE INSURANCE POLICY LOCATOR SERVICE
  • Maryland Heights man pleads guilty in murder-for-hire death of his mom
  • AM Best Affirms Credit Ratings of Everlake Life Group Members
  • Industry experts warn NAIC: Fix flawed IUL illustrations now
  • InsuranceAUM.com Celebrates a Historic 5th Annual Insurance Investment Executives’ Meeting in Chicago, Honoring Outstanding Industry Leaders and Spotlighting Next Event in Austin
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Maximize Your FIA Case Results
Learn a repeatable process to review, reposition, and present FIA opportunities with confidence.

Aim higher during Annuity Awareness Month
Raise the bar with our diverse portfolio of Ascend annuities, backed by superior financial strength

You Could Be Losing Up to 20% of Your Commissions
GreenWave helps you find, fix, and prevent commission errors.

True Independence Means Having Choices
Cambridge offers flexibility, stability, proven tools—no private equity strings attached.

Life moves fast. Your BGA should, too.
Stay ahead with Modern Life's AI-powered tech and expert support.

Looking for stronger rates, amplified growth & real results?
Sentinel's Accumulation Protector Plus℠ Annuity is for clients wanting more from retirement planning

Press Releases

  • Prosperity Life GroupSM Launches Prosperity PathWaySM Series, Bringing Greater Choice and Flexibility to Retirement Income Planning
  • Senior Market Sales® Fortifies Annuity Reach With Acquisition of Retirement Planning Firm Stratton & Company
  • RFP #T01625
  • Rockwood Programs Appoints Kerry Ladouceur as Vice President, Financial Lines
  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet