The Mercury News

UNJUST WINDFALL?

Owner of the Ghost Ship warehouse could collect in excess of $3 million from insurance policy after fatal fire, but money unlikely to go to victims

- By Matthias Gafni and David DeBolt Staff writers

The landlord of the Ghost Ship warehouse where 36 people died in a fire Dec. 2 has avoided prosecutio­n, but she’s set to collect at least $3.1 million in insurance payments, according to an insurance document obtained exclusivel­y by this news agency.

Claims Adjusting Group has reserved $3.1 million to pay Chor Ng, who owns the Fruitvale District warehouse and adjacent properties, to cover her basic property loss and liability policy. The document indicates she has received more than $670,000 so far, likely to cover her attorney’s fees and facility security costs.

However, Ng’s $6 million liability insurance maximum will likely never make its way to the dozens of victims suing her and other agencies for the deadly fire, one insurance expert says.

“Everything will likely be exhausted long before they go to trial,” said Karl Susman, owner of Susman Insurance Agency and an expert insurance witness, who reviewed the Ng doc-

ument. “And then she personally might declare bankruptcy.”

The insurance document was obtained Tuesday, and on Wednesday Derick Almena, formerly the master tenant at the unpermitte­d arts collective, and his second-in-command, Max Harris, pleaded not guilty to 36 counts of involuntar­y manslaught­er. Ng and her family have not been criminally charged in the case, but they are defendants in dozens of civil claims.

The insurance claim document shows two Ghost Ship-related claims resulting from the fire. Ng’s policy covers a block of properties she owns there, from 1305 to 1313 31st Avenue and 3065 to 3073 Internatio­nal Boulevard.

According to the document, Ng paid $2,265 this year for a policy that includes $1.6 million for property damage coverage on the warehouse and $1 million of basic liability coverage. The policy also includes $5 million in additional liability coverage. Such a low premium is not unusual for commercial warehouse insurance, Susman said.

“When you think about it, what’s going to happen at a warehouse?” he said. “The only real exposure is in the event of something like this happening, which is unusual.”

According to the document, the insurer has estimated it will have to pay Ng more than $2.1 million for the property damage, citing as a descriptio­n of the claim: “Building intended for warehouse use may have facilitate­d a Rave or other unintended/unauthoriz­ed activity by the tenant.”

Susman said he was “puzzled” why the insurance company was willing to pay out $2.1 million for the building when the policy only covers $1.6 million for property damage.

The insurance company has already activated Ng’s basic liability coverage of $1 million, according to the record, and has paid more than $670,000 to her already. Susman said that money has likely been spent on attorneys, public relations consultant­s, warehouse security and other costs.

A judge ordered Ng to hire round-the-clock security at the burned-out warehouse and at a debris dump site to secure possible evidence from the fire.

Attempts to reach Ng’s attorneys for comment on the insurance revelation­s were unsuccessf­ul.

Outside Alameda County Superior Court on Wednesday, Harris’ attorney, Curtis Briggs, was incensed over the insurance claims. Ng “became a triple millionair­e” overnight but has not given condolence­s or “even a dollar to any victim family,” he said.

Briggs questioned why prosecutor­s are going after his client and Almena, whom he described as “artists with no money.”

With Ng avoiding prosecutio­n, Susman, the insurance expert, said it was unlikely Claims Adjusting Group would fail to honor its policy. An insurance policy is a contract between two private parties, he said, so Ng will be paid, unless the insurer finds fraud or criminal intent.

If Ng is later charged with a crime, the insurance company could subrogate, or move to get its claim money back, from the landlord, he said.

County records show Ng owns properties along 31st Avenue, including an open lot, the Ghost Ship warehouse, an auto body shop and multiple adjacent properties around the corner on Internatio­nal Boulevard, subdivided into three parcels. According to county assessor documents, the properties were valued collective­ly at $1 million in 2017-18.

Ng and her husband purchased the properties in 1988, and she was awarded the buildings through a divorce in 1997, according to county records.

The landlord has not spoken publicly since the fire. Multiple attempts to reach her at her East Oakland home have been unsuccessf­ul. Her few comments have come through her civil attorney Stephen Dreher and public relations consultant Sam Singer.

 ?? PHOTO BY JOSE CARLOS FAJARDO — STAFF ARCHIVES ?? On Dec. 12, a fire tore through this Fruitvale district warehouse, a live-work space called the Ghost Ship, during a rave on the second floor, killing 36 people. Insurance documents show the owner of the buiilding could collect more than $3 million.
PHOTO BY JOSE CARLOS FAJARDO — STAFF ARCHIVES On Dec. 12, a fire tore through this Fruitvale district warehouse, a live-work space called the Ghost Ship, during a rave on the second floor, killing 36 people. Insurance documents show the owner of the buiilding could collect more than $3 million.
 ?? JANE TYSKA — STAFF ARCHIVES ?? Warehouse owner Chor Ng’s insurance policy has already paid out more than $670,000 so far, likely to cover attorney’s fees and facility security costs.
JANE TYSKA — STAFF ARCHIVES Warehouse owner Chor Ng’s insurance policy has already paid out more than $670,000 so far, likely to cover attorney’s fees and facility security costs.

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