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Heirs blast insurance deal

February 10, 2004

Darleene Barrientos

John Pridjian's great-grandfather bought three insurance policies --

one French, one British, one American -- in case he came to an

untimely death.

But 90 years later, Pridjian, who lives in La Canada Flintridge,

will likely opt out of receiving a portion of the money he was

entitled to when his great-grandfather died in the Armenian Genocide,

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which started in 1915. New York Life Insurance, the American company

that issued Pridjian's great-grandfather a policy, recently agreed

after years of negotiations to pay $20 million to the heirs of about

2,400 policyholders from the genocide.

An estimated 1.5 million Armenians died during the Armenian

Genocide between 1915 and 1923 as the Turkish Ottoman Empire

crumbled. About 35% to 40% of Glendale's population is of Armenian

descent.

A class-action lawsuit filed by 12 plaintiffs, led by Martin

Marootian of La Canada Flintridge, was settled in late January for

$20 million. But some claimants feel the money is inadequate, and the

settlement a poor one.

The plaintiffs' lawyers had estimated the payout for each claimant

would be between $25,000 and $50,000, said Pridjian's lawyer, Ben

Nutley. In reality, the average payout will be more like $3,000, he

said.

The settlement documents, which have not been filed in Federal

District Court, were not available to the public Monday.

"From what we know of the settlement, we don't think it's

adequate. Or, at least we're going to need to see some detailed

explanation for why it's adequate," Nutley said. "This is arguably a

worse settlement than what they came up with a couple of years ago.

The risks and costs were on the defendant, not on the plaintiff [in

the last settlement]. What they've done is increased the amount and

increased the attorney's fees -- a lot.

"In many ways, they're getting a better deal now."

Members of the local Armenian community allege the money is

inadequate simply because of high administrative costs and attorneys'

fees. Out of the $20-million settlement, up to $11 million would be

distributed among the heirs of the 2,400 policy holders, $4 million

to the four plaintiff lawyers handling the class-action lawsuit, $3

million to nine Armenian charitable organizations in the U.S., and

$2 million or more would go toward administrative expenses.

Pridjian's uncle, Krikor Doumanian, 75, said he also would

probably opt out of the settlement.

"When I first heard [of it], I thought it was a joke," Doumanian

said. "After putting the expenses in, there would be nothing left for

the plaintiffs."

"The parties are confident that this is a fair, reasonable,

adequate settlement and one the judge will feel comfortable

approving," New York Life spokesman Bill Werfelman said.

A hearing is scheduled for Feb. 19 to consider whether a federal

judge will approve the settlement.

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