Many homeowners who were affected by the 2003 Wildfires thought they were in good hands, but were shocked to find out that they were severely underinsured, some by as much as $300,000.
Many survivors of the Paradise Fire have until Oct. 25 (One year after the fire began) to file lawsuits against their home insurer.
Such people should immediately talk to attorneys who know “insurance bad faith,” and they should do so immediately, because many such attorneys can’t take any more of these kinds of clients.
Most insurance policies pay up to $110 per square foot to rebuild, but the current cost runs around $220 per square foot.
For a 2,500 square foot home, this amounts to $275,000.
The worst part of this, according to survivor advocate Terry Van Koughnett of Paradise Fire Relief, is that all the insurance companies were well aware of this situation long ago.
“Now most homeowners are learning that they must sue their insurers to get fair compensation, otherwise they will have to bear the cost of reconstruction themselves.
According to George Kehrer of CAReHelp, an advocate for disaster victims who works under a grant from Fannie May, the insurance companies will compensate their clients rather than go to litigation.
Filing a Request for Assistance (RFA) with the California Department of insurance is the first step toward getting fair compensation.
The next step is to send a letter to the homeowner’s insurance company stating that they were underinsured at no fault of their own and asking to be fairly compensated.
The final step is to retain a lawyer, but most insurance companies have been responding favorably before that is necessary.
According to State Insurance Commissioner Garamendi, the only choice for homeowners is litigation. He also said that the one-year deadline for filing claims will not be extended.
This is a contractual deadline that is contained within most insurance policies, and is not a California statute.
Some insurance companies, such as State Farm, have announced that they are sending letters to their insured stating that they have additional time to file the claim.
According to Kehrer, “Even though the contract says the person has a year, , the year is put on hold while the claim is being investigated. Anybody who hasn’t filed a claim would be completely out, but if they have, it’s a gray area.”
But it’s a gray area that insurance company lawyers are using to defend their clients.”
Nevertheless this puts a lot of pressure on fire survivors who are already burdened with the emotional and financial strain of recovery to prepare records and begin contacting the Insurance Commission, their insurance companies, and an insurance lawyer.
Many are not ready or willing to add this extra pressure on top of what they are already going through in the recovery process.
According to Kehrer, over 400 homeowners in San Diego county have already been paid above their policy limits by insurers who want to avoid litigation.
“Insurance companies are anxious to avoid litigation that will make them look bad,” said Kehrer. “The insurance companies are now being looked at for underinsuring homeowners intentionally,” he added.
In the VC area, over a dozen homeowners who are rebuilding after the Paradise fire have met with Kehrer and are now pursuing fair compensation for their losses.
With an average compensation shortage of $200,000, this amounts to $2.4 million that the insurance companies should pay to the homeowners.
Insurers collected $350 billion across the country in premiums last year, according to Kehrer.
“This is money that will go into our community rather than into the pockets of the big, out-of-state insurance companies,” said Van Koughnett. “I hope that more homeowners will contact us for assistance before it’s too late to file a claim.”
Kehrer has met with fire survivors three times in the last four weeks here in VC, and will be here this Friday, Oct. 15 for individual consultations.
Homeowners can make an appointment to talk with Kehrer by contacting Terry Van Koughnett at 751-8692.
Terry and his wife, Mimi, have been working with fire survivors since last year and can be also be contacted through their Paradise Fire Relief website www.paradisefire.com .
By DAVID ROSS
What do you think about replacing Fat Ivor’s, Terry’s Auto Repair, VC Tire, Valley Center Pool Supplies and Powerland, among others, with a swatch of public parks?
Most VC planners didn’t think much of this idea, and told the County’s senior planner Bob Citrano so at the group’s Oct. 4 special meeting.
Citrano stressed that the County’s proposals, labeled “the preferred concept” because it distilled preferences from three other concepts, were not at the parcel level yet.
Nevertheless, businesses are in areas being considered for parks, even if they are not specifically named. He also stressed that this is a “long term” planning proposal, i.e. that it probably won’t bear fruit for many years.
The County’s proposed changes to the town center would remove existing businesses, such as Fat Ivor’s restaurant from commercial designation, turning the popular eatery into a “lawful non-conforming use.”
The latest version would create three parallel strips on the east side of VC Road, beginning north of the Woods Valley property and running up to Chaparral.
The strip nearest the road would be public parks. The strip behind that would be medium density residential, 8-14 dwelling units/acre. Behind that would be “Village residential,” four du / acre.
The proposal would increase commercial for the two commercial nodes. Participants at the September workshop preferred adapting existing commercial in the south node to the VC Road widening by discontinuing strip commercial, but adding more commercial elsewhere, and move higher density residential away from major roads.
He recapped the workshop process and results.
The process assumes Village densities of low (2-7.3 dus/acre), medium (8-14), and high (14.5-24) (see handout).
The State requires that nearly half of all new units be “affordable,” i.e 20 dwellings/acre.
This would mean 8,750 future units, or 3,500 “affordable density” units by 2020.
These requirements do not address how this density would be sewered.
Apparently the County considers this an afterthought. It has yet to consult with the VC Municipal Water District about a sewer. The Central Valley Sewer, defeated in 1988, would have installed just over 2,000 connections.
The idea of zoning existing businesses out of existence wasn’t popular with the planners.
Planner Frank Shoemaker disagreed with eliminating all commercial by Fat Ivor’s. He wants commercial or industrial added back because of the demand.
Audience member Patsy Fritz called for additional industrial zoning in the town center.
Planner Eric Laventure asked if individual property owners would be given notice of the proposed changed Land Use Designation?
Citrano replied that they would not.
Planner Lael Montgomery: noted that all business owners were notified of the workshops, and could have made their opinions known then.
Planner Rich Rudolf said that freezing existing businesses is “the opposite of planning, we should be planning for a better future for whole community.”
Planner Jim Yerdon reminded the group that they were planning for the next 20-40 years and should look beyond the present.
Local Realtor Allen Olson said more commercial was needed. He was concerned about the loss of commercial on his Sunday Drive property and said that remaining commercial south of there will lose frontage to the VC Road widening.
Vice Chairman Andy Washburn asked what it means if a business, such as Fat Ivor’s becomes a lawful non-conforming use..
Citrano explained that present and future owners could continue to operate, but there would be limits on expansion, and conversion to new uses.
Several planners asked if there was a more flexible designation. Citrano promised to update them on this before their Oct. 18 meeting.
“I hope the County understood our feedback and will take it to heart and won’t zone existing businesses out of business,” Washburn told The Roadrunner.
At last week’s meeting Citrano put a lot on the planners’ plates, and expects them to have digested it and be ready to comment by November.
Rudolf, uncomfortable with the haste, told The Roadrunner: “I was just very surprised that county expects us to make decision on the villages (each worth about three months work); and on adjusting the commercial and industrial acres; and returning to our two-year-old discussion of small commercial nodes outside the Villages; giving them all that feedback, having them generate a map. Then they would have to distribute and publicize that map, generating public comments, and probable objections from property/business owners. Then schedule and hold several meetings to consider and make recommendations to the county on those objections, all before the November meeting (or end of November?). How many months did we take to wade through all the property-owner complaints outside the villages! Sounds to me like we would be in continuous session through Thanksgiving!”
This is not what the County’s senior planner Rosemary Rowan said the timeline was, he says “. . .and [is]particularly galling since I thought we should have started the whole planning process three (or more) years ago with:”Do we want a Country Town, and, if so, where?”
“I can’t believe it’s been forty years,” says A-1 Irrigation owner Jack Bose, who first set up the business in October of 1964 when he was 27.
Bose and his manager Stuart Holthaus are not planning any fancy celebration except for the Youth Fair which they are holding Oct. 23, 9 a.m. - 3 p.m.
“I never thought about it being forty years until three months ago,” says Bose.
Bose and wife Carolyn had come to VC from Orange at the request of his employer, who wanted him to set up a branch office to install irrigation systems.
In a few years he purchased the business for $5,000. At that time A-1 was located in a shed 15 feet by 40 feet near where Mss Ellie’s Lace is today.
Business grew as he started carrying spare parts.
Once growers learned he had spare parts, they started asking him for parts when they needed them. Pretty soon growers tired of looking for him when they needed parts, and asked if he could have regular hours. They agreed to be open from 8 a.m. to 9 a.m. and 4 p.m. to 5 p.m.
After about 1-1/2 years, they moved to half of the building where Krueger Realty is located. Then in 1968, they bought four acres where A-l and Grangetto’s are located on today.
Jack tells how there was nothing between the corner of Valley Center and Cole Grade Roads and the property he purchased ,but he didn’t have the money to buy it all.
When the new building was first built and the business was all related to farming, it was very seasonal. Winters were extremely slow.
Carolyn used to get so bored she would count cars going through the Valley Center & Cole Grade Roads intersection. Generally it would run 10 to 15 every 15 minutes and a few more on weekends.
Always during those 40 years A-1 Irrigation has helped the youth of Valley Center.
“We support practically everything through monetary gifts, advertising. Carolyn and I were leaders in 4-H, I was for 19 years, she was for 21 years,” he says.
These days VC isn’t quite as volunteer-based as it was four decades ago.
“I think the size of the community has a lot to do with it,” reflects Bose. “Today both the mom and dad have to work to be able to live compared to when Carolyn and I had kids. She didn’t work until they were in high school.
“When we first came up here, the people who worked here, lived here, but now I don’t know what percentage lives here and works elsewhere. They are commuters and it takes up a lot of their time,” he says.
Over the years the nature of the business has changed considerably.
“When I first started I was strictly installing irrigation for avocado and citrus groves. About 1974 the tax structure changed where you couldn’t write it all off your taxes at once, and it just about killed the development of citrus,” he recalls.
These days his customer base is less ag and more new developments and landscaping. Farmers make up about a quarter of his customers.
Dealing with customers is different today.
“How you approach a farmer is a lot different than how you approach a new home owner. A farmer basically knows what he wants, it’s just a matter of giving him a competitive price.”
Bose is slowing turning over much of the running of the shop to Holthaus, although he still works two or three, rather than seven, days a week.
Bose will use the extra time to build a new home starting in spring.
“We’ve always traveled but now we will do some more. I think Carolyn wants the extra time to do more tole painting.”
Not many sparks flew at candidate forums held Wednesday and Thursday at the Lilac Elementary School and VC library.
About 70 people total (including the candidates) attended the two nights, sponsored by The Roadrunner and the VC Friends of the Library.
The first night was devoted to planning group candidates.
Those who showed up, including Roger Ingraham, Jon Vick, Don Richards, Rich Rudolf, Carol Prime, Terry Van Koughnett, Sandy Smith, Deborah Hofler Oliver Smith, Craig Johnson, Keith Simpson and Kris Preston were remarkably in sync about their goals for Valley Center. This includes preserving VC’s “rural” atmosphere and making sure that things like the proposed shopping center reflect community values.
Their particular statements were variations on that theme. Johnson, for example, stressed his experience gained a dozen years ago when he first served on the planning group.
Dr. Hofler called herself a moderate and stressed coalition building. So did Simpson.
Sandy Smith spoke of the importance of the community speaking with one voice to the County once the arguing is through.
Van Koughnett and Ingraham also talked about compromising and restoring civility to planning meetings.
Vick, Richards, Prime and Rudolf argued the importance of letting the wishes of the community triumph in planning for the future.
Oliver Smith presented his strong property rights credentials and argued that growth is inevitable and that property rights should be preserved.
Preston noted her biology and science background and said this would be particular useful to the group as VC’s planned growth intersects with county, state and federal environmental constraints.
Absent were Frank Shoemaker, Leon Schwartz and Elaine Nolan, although Schwartz was much in everyone’s thoughts since a non-fan of his candidacy was busy handing out a flyer attacking him.
During the second night there were fewer audience members but a bit more tension among candidates.
School board incumbents Wendy Zeugschmidt and Patrick Simpson found themselves defending the school district’s test scores and discipline policies.
The incumbents called for maintaining a steady course. Challengers Don Martin and Dennis White said that while the school board has done a good job, there should be “term limits.”
Mike Morasco’ criticized the district’s alleged weaknesses in running a high school, with Mrs. Zeugschmidt virtually bristling at his statements.
Morasco said that his experience would make up for the district’s shortcomings in the higher grades. VC-P is a first class elementary district, he said, but falls down when it comes to managing a high school.
When Morasco recalled his role as a trustee on the Escondido High School board in getting a high school and supporting a bond here, Simpson commented, “It’s funny how some people recall things differently.”
White argued for demanding higher standards for students and teachers. So did Martin, who spoke about his own experience of nearly three decades as a high school teacher.
Two of the three parks board candidates, Earl Brown and Tom Litchfield, were also on the same page. Both support Prop. CC and both were asked by board members to run. both agreed on the need for more parks and Brown said he’d like to issue a quarterly report on the district’s finances for the public. Incumbent John Scibilia was absent.
Chuck Stone was the only one of two candidates for Div. 4 of the VC Water District. He fielded questions on the water district’s functions, spoke about his experience on the board and his enjoyment of the job, and asked for the votres of those present. Doug Ohara.
Craig Webster was the only one of three candidates for a seat on the Deer Springs Fire Board to make it to the forum.
Webster criticized the incumbents for putting an increase in benefit bees on a mail in ballot, and not giving the public a whole lot of information on it before it was passed. His rivals Frank Asaro and Jean Slaughter were not at the forum.
The Valley Roadrunner
P.O.B. 1529, Valley Center, CA 92082
Tel. 760.749.1112 Fax 760.749.1688
Website: www.valleycenter.com
Email: editor@valleycenter.com
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