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  • Vartkes's List

    http://www.legalaffairs.org/printerfriendly.msp?id =1003

    March|April 2006

    Vartkes's List

    Of the million or more Armenians executed by Ottoman Turks 90 years
    ago, thousands had insurance from New York Life. A slip-and-fall
    lawyer uncovered the list of policyholders and, by forcing the company
    to pay their heirs, gave voice to the victims of genocide.

    By Michael Bobelian

    VARTKES YEGHIAYAN ENTERED THE LOS ANGELES FEDERAL COURTHOUSE more
    nervous than on any other day of his career. He wore the fraying navy
    suit that had seen him through many victories in the slip-and-fall
    cases that he typically handled. Sixty-five, his hair white and body
    plump, the lawyer Yeghiayan was 14 years into a different kind of
    case, a class action lawsuit against an insurance company that had
    failed to honor his clients' policies.

    To the surprise and anger of his colleagues, Yeghiayan had turned down
    a substantial settlement seven months before. For reasons that don't
    often enter into the calculations of a legal dispute, Yeghiayan wanted
    more for his clients than the amount the insurer had offered. His
    ancestors were Armenian, and for most of his life he had heard stories
    of a day in April 1915 when Ottoman soldiers rounded up Armenian
    families to begin a slaughter that would last for eight years and
    claim at least a million lives.

    His clients, some 2,300, were heirs of the slaughter's victims who had
    purchased life insurance policies that had never been
    redeemed. Yeghiayan wanted the insurer to pay his clients so that they
    would get the money they were owed, but also as an act of public
    recognition for a genocide that most Armenians believed had been too
    noticed littleand that its perpetrators had consistently denied. In
    Yeghiayan's view, a settlement could serve both purposes only if it
    were large enough to attract the world's attention. Otherwise, he
    would seek the recognition that his people deserved by trying the case
    in court.

    That November morning in 2001, Yeghiayan was on his way to a
    last-minute settlement conference before a hearing on whether his case
    would be dismissed. He walked into a small room off the lawyers'
    lounge near United States District Judge Christina Snyder's
    courtroom. It was filled with lawyers from each side of the case. The
    judge had given them 30 minutes to see if they could reach agreement,
    but Yeghiayan didn't need that much time. The entire group had worked
    out terms that they hoped he would accept, and a lawyer slid a
    settlement proposal across the table.

    "I'm not going to sign," Yeghiayan said.

    THE SOUTHWESTERN CAUCASUS IS A REGION OF RUGGED MOUNTAINS between the
    Black and Caspian seas, with deep valleys that intersect like the
    boulevards of a city. Mount Ararat dominates the landscape and marks
    the center of the ancient Armenian civilization. In the spring,
    melting snow and ice flow down the slopes to rivers like the Aras. The
    ground surrounding the mountain is dark with lava and scattered with
    stones embeddedsome beige and hard, others red and brittle, still
    others glossy and black.

    Armenians emerged in the Caucasus during the first millennium B.C. It
    is not known whether they traveled there from Asia Minor, as the
    ancient Greek historian Herodotus claimed, or were native to the
    land. In A.D. 301, King Trdat III made Armenia the first Christian
    nation. Mythology has it that he converted his empire from paganism in
    gratitude to a Christian monk, who made the king human again after he
    went on a killing spree and was changed into a wild boar. About a
    century later, another monk created the Armenian alphabet, and the
    combination of a written language and a state religion solidified the
    Armenian culture, allowing it to resist assimilation by Arabs, Tatars,
    and others who invaded Armenia over the following centuries.

    By the 1800s, most Armenians lived under Ottoman rule. The few
    inhabiting the Turkish capital, Constantinople (now Istanbul), were
    among the empire's wealthiest merchants and intellectual elite, while
    the rest worked as farmers and artisans in regions to the capital's
    south and east. The Islamic Ottomans treated the Christian Armenians
    as second-class citizens, though, and Armenian demands for equality
    soon shattered what had long been a largely peaceful relationship
    between the peoples.

    In 1894, the growing tension provoked Armenians to protest against
    their Turkish rulers, and Sultan Abdul Hamid II, the head of the
    Ottoman Empire, ordered mass killings of Armenians. The massacres
    started in the Black Sea city of Trebizond, 650 miles east of
    Istanbul, and quickly spread throughout the empire. The deadliest
    incidents occurred in Urfa, near the Syrian border to the south, where
    soldiers burned a cathedral with 3,000 Armenians inside. Between
    100,000 and 300,000 Armenians perished in the violence from 1894 to
    1896. In 1908, troubled by growing disorder in the sprawling Ottoman
    Empire, a group of army officers called the Young Turks seized power
    from Abdul Hamid and promoted pan-Turkism, a nationalist ideology that
    advocated eliminating minorities like the Armenians. In their first
    year in power, the Young Turks orchestrated the execution of between
    15,000 and 25,000 Armenians.

    As this new wave of violence swept the empire, a middle-class merchant
    named Setrak Cheytanian watched with horror from his home in Kharput,
    a city in central Turkey and a stop on the Silk Road, an ancient
    system of caravan trails from China to the Mediterranean Sea. Fearing
    the worst for himself and wanting to provide for his wife, parents,
    and two children, the 35-year-old Cheytanian bought a life insurance
    policy from an agent of New York Life Insurance Company in July
    1910. For an annual premium of 155.73 French francs, the policy
    obligated the company to pay Cheytanian's named beneficiaries 3,000
    francs (about $580 at the time) plus dividends upon his death or, if
    he outlived the policy's 20-year term at his request.

    Life for Cheytanian and other Armenians grew more precarious as World
    War I approached. Concern for the Christian minority had prompted
    France and Britain to support Armenian rights and, to some extent,
    restrain the Ottomans from greater abuses. But in 1914, Turkey entered
    World War I on Germany's side, cutting off Armenians from their
    European supporters. At the insistence of her father and her
    brother-in-law Cheytanian, Yegsa Marootian and her 9-year-old
    daughter, Alice, left Kharput for New York City to join Cheytanian's
    brother, who had emigrated there several years before. As they left,
    Cheytanian gave Yegsa his life insurance policy, figuring that if
    anything happened to him, it would be easier for her to collect on the
    policy in New York, where the insurer was headquartered.

    VARTKES YEGHIAYAN WAS BORN IN 1936 to a wealthy family in Ethiopia
    that sheltered him excessively, even from the family's history. His
    mother's close ties to the nation's family imperialher godmother was
    the wife of the Emperor Selassie Haileallowed him entry to the best
    schools and, at age 11, he attended an American boarding school in
    Cyprus. There he befriended many Turkish students, and he was puzzled
    when some of his fellow Armenians would call the Turks "murderers."
    Why they should be called murderers remained a mystery for Yeghiayan
    through high school and into college at the University of California,
    Berkeley, where his father insisted that he go because, his father
    explained, "The future is in America."

    Yeghiayan started as a pre-med major at Berkeley and switched to
    history, a course of study that might have explained the connection
    between Turks and murder, but Yeghiayan's teachers never mentioned the
    topic. Other Armenian students told him stories of their families'
    hardships in Turkey, and he pretended to know what they were talking
    about, offering the little he could gather from his reading about
    Turkey at the library. But it was not until 1961, when his father died
    and he attended the funeral in Ethiopia with his relatives and the
    aging friends of his father, that Yeghiayan began to understand
    family's hisand people's hisunspeakable past.

    In the early days of World War I, when the Ottoman military included
    Armenian soldiers, an assault on Russian forces at Turkey's eastern
    front backfired, costing the Turks about 90,000 men. Humiliated and
    looking for a scapegoat, the Turkish commander blamed the treachery of
    Armenian soldiers for the disaster and arranged for their expulsion
    from the military. At about the same time, Turkey's leading Islamic
    cleric declared a jihad, or holy struggle, against all Christians
    except those living in Germany and other Turkish allies. By 1915, the
    Armenians were isolated, largely unarmed, and the targets of a
    religious death warrant. Dr. Khachig Boghosian, a prominent
    psychologist and leader of the Armenian community in Istanbul,
    described in his memoirs what happened on the night of April 23:

    After supper, I went to the house of my neighbor . . . and we passed
    the time playing backgammon and piano. I left and came home at 1:30
    a.m. and went to bed; everything was calm, both inside and outside of
    the house. I had just lain down and was on the verge of falling
    asleep, when the outside doorbell rang loudly three times. My sister
    Esther hurriedly went downstairs, opened the door and, after
    exchanging a few words, rushed upstairs and knocked on my door,
    telling me that the police wanted me.



    Similar scenes played out across Istanbul as 250 Armenian leaders were
    arrested and sent to camps in central Turkey. The head of the Armenian
    Church pleaded with the United States for help. At the request of
    America's Secretary of State William Jennings Bryan, the
    U.S. Ambassador to Turkey, Henry Morgenthau, asked Turkish leaders to
    stop their campaign against the Armenians. His appeals were ignored,
    and the United States, then neutral in the war it would enter two
    years later, could only repeat its request. The Turks began to execute
    Armenian leaders across the empire, hoping to preclude any organized
    resistance to the massacres that it planned to undertake soon. The
    Young Turks declared that they would make Turkey for the Turks alone.

    Throughout the spring and summer of 1915, Turkish death squads
    systematically assembled large groups of Armenians in Erzerum,
    Kharput, and other Armenian enclaves and hung or shot the adult
    men. Among the dead in Kharput was the merchant Setrak Cheytanian. The
    gangs then evicted women and children and forced them to march through
    the desert to camps in central Turkey and, finally, to the outskirts
    of the Ottoman Empire in what is now Syria. Carrying almost nothing to
    eat or drink, the deportees fought over provisions during the
    marches. All were vulnerable to the kidnappings, rapes, and murders
    that the Turks and Kurds guarding them committed at random. Countless
    women were sold as concubines. Children were pried from their mothers'
    arms and given to Turkish families. Describing the deportations,
    Leslie Davis, the American consul in Kharput, wrote to his superior in
    Istanbul, "I do not believe it is possible for one in a hundred to
    survive, perhaps one in a thousand."

    By 1923, the Turks had systematically executed between 1 million and
    1.5 million Armenians and evicted 500,000 more from a homeland that
    they had occupied for 2,500 years. It was one of the century's first
    instances of mass extermination, and it would become known by
    Armenians, and later by much of the world, as the Armenian genocide.

    Among the genocide's survivors was Yeghiayan's father, Boghos. None of
    Boghos's friends who later attended his funeral could tell Yeghiayan
    exactly how or when, in the course of the war and the massacres,
    Boghos lost his parents and four sisters in Konya, a city in
    southwestern Turkey. Arab nomads found the nine-year-old Boghos and
    disguised the green-eyed, flaxen-haired boy with girl's clothing so
    that he could survive in their company. In 1919, according to his
    friends, he walked out of the desert and appeared in Aleppo, a city in
    northern Syria where tens of thousands of Armenian refugees were
    gathered after the war. Going through his father's possessions after
    the funeral, Yeghiayan found in Boghos's wallet a photograph showing
    Boghos dressed in shepherds' robes. Yeghiayan had never seen the photo
    before, because Boghos had apparently never shown it to any member of
    his family. He had shared his memories of Turkey and the massacre of
    Armenians only with fellow survivors.

    THE WAR AND THE DISAPPEARANCE OF SO MANY ARMENIANS hopelessly
    complicated the efforts of the New York Life Insurance Company to
    operate in Turkey. By 1921, an attorney at the company's offices in
    Istanbul had authorized the payment of death benefits on 1,300 of the
    3,600 policies held by Armenians, but, with no one trying to collect
    on the other policies, "that was the closing of the book at that
    point," William Werfelman Jr., a vice president at New York Life,
    explained recently. The insurer pulled out of Turkey later in 1921.

    By then, Yegsa Marootian had been living in Staten Island, N.Y., for
    several years, and her family had grown to include three children in
    addition to her daughter Alice. Yegsa was largely cut off from news of
    Turkey and her Armenian relatives, but somehow she had gotten word by
    1925 that her brother-in-law Cheytanian was dead. She had kept the
    life insurance policy that he had given her, and, with her family
    financially strapped, Yegsa was eager to collect the death benefit of
    3,000 francs, by that time worth about $143 (and roughly $1,600
    today).

    As Cheytanian had instructed, she contacted the New York headquarters
    of New York Life about redeeming the policy, and a company agent told
    her that she needed a certificate inheritance ofessentially, a
    certificate deathto prove that Cheytanian had died. The agent
    recommended that she get one through the Armenian Church, as many
    other Armenian beneficiaries had done. There is no record of Yegsa's
    response to the agent or of her life over the following 30 years, but
    by 1956 she had moved to Los Angeles and obtained the certificate of
    inheritance. According to a letter dated in June of that year, New
    York Life instructed Yegsa to come to its offices in Pasadena, Calif.,
    to "discuss the matter" of her brother-in-law's insurance policy.

    AFTER GRADUATING FROM BERKELEY IN 1959, Yeghiayan worked at a law firm
    and earned a degree from Lincoln Law School of San Jose, a night
    school, in 1965. He soon joined California Rural Legal Assistance, a
    nonprofit group that represented agricultural workers and, after
    Ronald Reagan became governor in 1967, gained notoriety as a thorn in
    Reagan's side. But Yeghiayan's attention never strayed far from his
    Armenian heritage. The genocide stories that he had heard from his
    college classmates and his father's friends stayed with him, and,
    beginning in the late 1960s, on every 24 Aprilthe anniversary of
    genocide thehe tried to lead Armenians in demonstrations at the
    Turkish consulate in Los Angeles. "My view was the Turks . . . tried
    to exterminate us and failed," he explained. "On April 24, we should
    remind them of that failure." When he could not be in Los Angeles,
    Yeghiayan joined Armenians wherever he was to commemorate the loss. In
    1980, after serving five years as an assistant director of
    international operations for the Peace Corps in Washington, D.C.,
    Yeghiayan set up a law practice in Glendale, Calif. He helped
    Armenians immigrate to the United States and handled personal injury
    cases for the local Armenian community, which is now the largest in
    America.

    But Yeghiayan says it was not until 1987, as he approached his 51st
    birthday, that he stumbled on the cause that would become his
    passion. While reading Henry Morgenthau's memoir, he came across a
    passage that recounted a conversation between the former ambassador to
    Turkey and his frequent interlocutor, Mehmet Talaat Pasha, the Turkish
    interior minister and one of the leading Young Turks. Talaat was
    committed to the elimination of Armenians from Turkey, and while the
    slaughter was occurring, he mentioned to Morgenthau the substantial
    business that New York Life and other American insurers had done with
    Armenians:

    "I wish," Talaat now said, "that you would get the American life
    insurance companies to send us a complete list of their Armenian
    policy holders. They are practically all dead now and have left no
    heirs to collect the money. It of course all escheats to the
    State. The Government is the beneficiary now. Will you do so?" This
    was almost too much, and I lost my temper. "You will get no such list
    from me," I said, and I got up and left him.



    Morgenthau was appalled by the Turk's greed in trying to squeeze
    profit from the Armenians' slaughter, and the story caught Yeghiayan's
    attention. What happened to these policies? Were they ever paid? If
    so, to whom?

    He investigated, beginning with a letter to the U.S. State
    Department. He was referred to the National Archives, and after
    further conversations he received 600 pages of correspondence and
    other documents on microfiche. As best Yeghiayan could determine, the
    death benefits on thousands of unredeemed insurance policies remained
    unpaid.

    Yeghiayan saw how he could do more for Armenians than protest in front
    of the Turkish consulate every April 24. By his calculation, New York
    Life and other insurance companies owed the heirs of genocide victims
    millions, maybe tens of millions, of dollars in benefits. So far, the
    world had largely ignored the Armenian genocide. Insurance benefits
    weren't reparations, but they would give the victims' heirs something
    of value and, more important, forcing their payment could be a way of
    getting people to recognize that something horrible had happened in
    Turkey more than 70 years before. "I knew we had to file a lawsuit,"
    Yeghiayan said. "The question was, Do we have a client?"

    THROUGH THE EARLY 1970s, few Armenians spoke publicly of the massacre,
    and most of the survivors were interested more in rebuilding their
    lives than in demanding justice. That seemed fine to much of the
    world. The Soviet Union, which had invaded and annexed Armenia in
    1920, prohibited Armenians from discussing the genocide. The Soviets
    did not want to stir nationalist sentiments that might provoke unrest,
    and they were eager to gain Turkey as an ally. In the United States,
    the phrase "starving Armenians," used in the 1920s by mothers to
    remind their children why they should eat their vegetables, was
    quickly forgotten. The American lapse of memory resulted more from
    neglect than policy, but there was little incentive to remind people
    of the tragedy: The United States wanted to remain an ally of Turkey,
    a valuable buffer between the Soviets and the Middle East.

    In Turkey itself, the government and most Turks denied that the
    genocide had occurred, a position established soon after the founding
    of the Republic of Turkey in 1923 by Mustafa Kemal Ataturk, Turkey's
    most successful World War I general and the leader of a nationalist
    movement to rid the nation of minorities and foreign influence. Under
    Ataturk, official history held that a purely Turkish republic emerged
    from a war of liberation with imperialist Europe rather than, in large
    part, from a campaign to cleanse Turkey of its Armenian minority. By
    describing the nation as "a new birth," this revision of history
    allowed Turks to forget the past. It permitted them to avoid the shame
    and other "psychological crises generated by the legacy of the past,"
    explained the historian Taner Akcam, a visiting professor at the
    University of Minnesota who, in the 1970s, became one of the first
    Turkish academics to publicly acknowledge the genocide.

    After 1923, Turkish schools taught that thousands of Armenians died
    during World War I as an unfortunate consequence of disease, famine,
    and war. Other Armenians were executed or deported because they
    participated in insurrections, students were told, but total deaths
    and deportations numbered far less than a million, because not that
    many Armenians lived in Turkey at the time. The Turkish government
    reinforced these teachings by prosecuting anyone who publicly
    questioned them, including Akcam, who was sentenced in 1976 to 10
    years in prison, though he escaped to Germany after a year.

    Despite a half century of reticence, many Armenians believed it was
    essential to prove that the defining event of their history was not
    fiction and, during the 1970s, they began to speak out. In the United
    States they created national advocacy organizations like the Armenian
    Assembly, started in 1972, and in 1975 they persuaded the U.S. House
    of Representatives to designate April 24 as a national day of
    remembrance for the genocide (the Senate did not pass the
    resolution). Armenian terrorists struck Turkish targets in Europe, the
    Middle East, and the United States, killing dozens of Turkish
    diplomats. In 1981, they took 60 hostages at the Turkish consulate in
    Paris. These and other efforts to gain recognition for the genocide
    made Turkey even more determined to block that recognition. In the
    United States, the Turks exploited their strategic value as a military
    counterweight to the Soviet Union. During a 1987 House debate,
    Congressman James M. Leath, a Texas Democrat, explained his opposition
    to legislation that characterized the events of 1915 to 1923 as
    genocide. "It does not have anything to do with genocide," he
    said. "It does not have anything to do with our feelings against what
    happened to the Armenians. The bottom line is that . . . the president
    of Turkey, the Turkish people, say if you do this, you hurt your
    security." The legislation failed to pass.

    THERE IS NO RECORD OF WHAT HAPPENED after New York Life invited Yegsa
    Marootian to its Pasadena offices in 1956. She may not have gone, or
    she may have failed to complete some other step required to claim
    death benefits under the life insurance policy. In any event, the
    company never refused to pay her. When Yegsa died in 1982, the policy
    was still outstanding.

    Alice Asoian, Yegsa's oldest child, inherited the policy but thought
    little about it until 1989, when she noticed an advertisement in a
    local newspaper seeking "insurance papers." The ad had been placed by
    Yeghiayan. It had been running for several weeks, prompting dozens of
    local Armenians to send him photos of deceased relatives but no
    insurance policies or other evidence that the relatives were
    insured. Yeghiayan despaired of finding a client who could get his
    lawsuit off the ground, but then he received a phone call from
    Alice. When he visited her home in Irvine, she brought out a shoebox
    containing the original life insurance policy of Setrak Cheytanian,
    all the premium payment stubs, and correspondence between Yegsa and
    New York Life dating back to the 1920s. Yeghiayan, it seemed, had a
    client.

    But the reality was not so simple. In 1994, as Yeghiayan prepared the
    lawsuit, Alice died, and the policy's beneficiary changed again. This
    time, it was Alice's brother, Martin Marootian. Fortunately for
    Yeghiayan, Martin took to the role of plaintiff with enthusiasm.

    A retired pharmacist and gentle-spoken grandfather, Marootian, 90, was
    proud to recount his family's saga. "This is the man in question," he
    said during a recent interview, pointing to his Uncle Cheytanian
    wearing a fez and a walrus moustache in a 1905 photograph. Of the 11
    Armenians in the photo, only Marootian's mother, Yegsa, and his
    sister, Alice, had survived the massacre. He stressed that he
    appreciated the historic opportunity that the lawsuit represented for
    him and for other Armenians. "I wanted," he said, "to tie the genocide
    to our case."

    YEGHIAYAN PLANNED TO MAKE THE CASE A CLASS ACTION LAWSUIT on behalf of
    every beneficiary of every life insurance policy purchased from New
    York Life by a victim of the genocide. On the basis of historical
    records, he estimated the class at 2,300 people. But the case
    presented a monumental challenge for Yeghiayan and his four-lawyer
    firm in Glendale. His wife, who helped run the firm, was an
    immigration lawyer, and Yeghiayan had worked mostly on small
    personal-injury cases. Alone, they could not cover the extraordinary
    expenses of a lawsuit that would surely take years or handle the
    thousands of documents that would be traded between the
    parties. Yeghiayan knew that he needed help, and in 2000, after he
    filed the case in U.S. District Court in Los Angeles, he hired two Los
    Angeles-area lawyers with experience in class actions and an interest
    in seeing the Armenian genocide recognized. One was Brian Kabateck,
    whose grandparents had survived the genocide. The other was William
    Shernoff, who had worked on lawsuits seeking reparations for the
    Holocaust.

    The team faced serious legal obstacles almost immediately. The biggest
    was the expiration of the statute of limitations, the legally
    prescribed time limit for suing over the policies. "The only way I was
    going to get around the statute of limitations," acknowledged
    Yeghiayan, "was to say . . . there is no statute of limitations on
    genocide." He knew it was a weak argument, and he reached out again
    for help, this time to California's politically powerful Armenian
    community. With the assistance of former California Governor George
    Deukmejian and state Senator Charles Poochigian, both of Armenian
    ancestry, Yeghiayan persuaded the California Legislature to extend the
    statute of limitations. With that obstacle to the lawsuit removed,
    lawyers on both sides reached a tentative settlement for $10 million
    in April 2001.

    Kabateck, Shernoff, and New York Life issued press releases announcing
    the settlement. But when Marootian learned of the deal, he rejected
    it, saying the lawyers were pressuring him to give up. Yeghiayan
    immediately denied having agreed to settle and accused his colleagues
    of going behind his back. Later in April, he fired Shernoff and
    Kabateck.

    The falling out threatened to end the lawsuit, but Yeghiayan persuaded
    Mark Geragos, another lawyer of Armenian descent, to join him, and
    Geragos talked Yeghiayan into reconciling with Shernoff and
    Kabateck. No sooner was the team back together, though, than it had to
    face the motion to dismiss that New York Life had filed before the
    settlement fell through. Among other points, the insurer argued that
    the plaintiffs could not sue in Los Angeles, because the policies
    specified French or English courts as the forums for any legal
    disputes. Yeghiayan's team responded that it would be unfair to
    require elderly clients like Marootian to sue abroad, but the lawyers
    feared that the case was on shaky ground. Almost every suit tied to
    compensation for long-ago injustices, from the Holocaust to American
    slavery to South African apartheid, had failed because of problems
    like a lack of evidence. Though this suit was based on insurance
    contracts, only Marootian had a documented policy.

    On November 28, 2001, the day of the hearing on the motion to dismiss,
    Yeghiayan entered Judge Snyder's courtroom minutes after rejecting the
    settlement offer from New York Life. He placed his litigation bag on
    the wooden table facing the judge's bench and sat down. The Marootians
    were in the audience behind him, and around them sat dozens of
    Armenians whom Yeghiayan had invited.

    As they waited for Judge Snyder to take the bench, her clerk appeared
    from a side door and announced an unexpected development. There would
    be no hearing, because the judge had reached a decision on the motion
    to dismiss. The clerk approached the dozen or so lawyers with copies
    of the judge's written ruling, and, almost simultaneously, they turned
    to the last page of the decision. "All I wanted to see was that last
    sentence," Yeghiayan recalled. It said, "NYLIC's motion to dismiss
    . . . is hereby DENIED."

    THE VICTORY FORCED NEW YORK LIFE BACK TO THE NEGOTIATING TABLE, but
    the case was not over. The company still blamed the rejection of the
    April 2001 settlement on Yeghiayan, and it "didn't trust him after
    that," said Shernoff. "They would say, 'If he agrees today, how do we
    know he's not going to turn on us tomorrow?' "

    Mediations before two retired judges and dozens of negotiating
    sessions failed to bring the parties closer, and in 2003, Geragos and
    Kabateck asked California Insurance Commissioner John Garamendi to get
    involved. Garamendi had helped negotiate settlements between insurance
    companies and plaintiffs seeking reparations for the Holocaust. In the
    fall, he flew to New York City to meet with Seymour Sternberg, the CEO
    of New York Life, and after two sessions they broke the deadlock. In
    January 2004, New York Life agreed to pay $20 million, twice the
    amount offered in 2001. Yeghiayan knew that it was enough.

    Dozens of documents gathered as evidence in lawsuit theincluding the
    first list of the names, addresses, and occupations of many of the
    victims massacre'swere put online, providing fresh details of the
    slaughter. Last October, the French insurance company AXA settled a
    similar lawsuit (also Yeghiayan's) for $17 million, prompting Aram I,
    a spiritual leader of the Armenian Church outside Armenia, to praise
    the two settlements for "raising awareness" of the Armenian
    genocide. Hundreds of newspapers and television stations reported the
    settlements and mentioned the genocide. The Turkish Daily News,
    published in Ankara, was one of the newspapers that ran a story. It
    referred to the genocide as "the disputed events between the Ottoman
    Empire and its Armenian citizens at the beginning of the 20th
    century."...

    Michael Bobelian is a lawyer and freelance journalist based in New York.
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