By Dana Bartholomew
Staff
writer
Published Friday July 30,
1999
Farmers Insurance officials girding for what irate Le Parc homeowners in
Simi Valley call their "1,000-man march" planned for Simi Valley on
Saturday say they empathize with their plight.
However, a $1 million insurance policy does not cover a
multimillion-dollar judgment that threatens the loss of residents'
utilities and homes, a company executive announced Thursday.
A Ventura County Superior Court judge will decide this year whether
Farmers must settle part of a $7 million breach of contract and defamation
judgment affecting 264 homeowners.
"We have five people who own (Le Parc) units," said Jerry Carnahan,
state executive director for the Farmers Insurance Group, based in Simi
Valley. "We fully empathize with their position. We feel terrible.
"It's an absolute right for them to march. Do I like it? No, because
the average public doesn't understand the litigation issues."
Le Parc residents have vowed to march 1,000-strong at 9 a.m. Saturday
from City Hall to the Farmers regional office on Cochran Street.
Residents and homeowners association officials, saddled with a debt
estimated with interest to be $21 million to ZM Corp., say it's time the
insurance giant settles up.
A court-appointed receiver has not paid $50,000 in utility bills at the
complex and services are scheduled to be cut off Saturday.
"The homeowners association was disappointed the insurance carrier has
chosen to fight rather than settle," said Jim Lingl, attorney for the Le
Parc Homeowners Association. "We obviously believe the claim is covered
and should have been paid a long time ago."
Lingl said an early offer by the ZM Corp. for a $1 million settlement
was denied by the homeowners association and possibly the Farmers
Insurance Group.
Farmers officials said the company has so far defended Le Parc
interests in three suits. But the general liability policy for the Le Parc
homeowners association did not cover breach of contract or defamation, the
bases for an arbitrator's judgment last year in favor of ZM Corp. relating
to construction work done in 1994, Carnahan said.
Farmers paid out $2 billion in claims related to the Northridge
earthquake and now covers the assessments of 38 individual Le Parc
homeowners, he said. But Farmers was not about to set a precedent by
paying for claims it didn't owe.
Better to leave it up to a judge to decide, the company concluded.
"We are in the business of paying claims we owe -- no more, no less --
because your policyholders have a duty to expect you to," Carnahan said.
"If the court tells us we owe it, we'll pay it like that -- a million
dollars."