Christo Project Insured for $2 Million : Liability: The policy was a condition of approval for the umbrellas’ installation. Kern and L.A. counties are not expected to be held responsible for death.

Environmental artist Christo had at least $2 million in liability insurance on his giant umbrella project in which a woman was killed, Kern County officials said Monday as they explored their own possible liability in the death.

That policy--and a “hold harmless” clause in the artist’s county permit--probably means Kern County would not be held legally responsible for her death on county land, officials said.

Los Angeles County officials, who also approved the project that straddles the two counties, sent building engineers to tour the 18-mile stretch of the Tejon Pass where Christo crew members continued dismantling 1,760 umbrellas. This weekend, strong winds uprooted several umbrellas--including the one that killed Lori Keevil-Mathews of Camarillo on Saturday--and destroyed at least 100 more.

Christo, who was touring the Japanese portion of the bi-continental project when the accident occurred, returned to the Tejon Pass site Monday night and announced he will hire an engineering firm to inspect the umbrellas.

He said, however, he does not believe there were any structural flaws in the design. He blamed the incident on the sudden winds, which exceeded the design capabilities of the umbrellas.

“Unlike a project that is in a home or museum, this project (was) exposed to real life,” said the Bulgarian-born artist at a somber press conference.

He said he and his wife plan to visit Keevil-Mathews’ husband, but would not say whether they would offer compensation.

Keevil-Mathews’ mother-in-law, Shirley Bjornestad, said several attorneys had telephoned, but the family had been making funeral arrangements and had not had time to think about filing a lawsuit.

Liability in the event of a lawsuit seemed foremost in public officials’ minds. Building and safety officials in Los Angeles and Kern counties said they based their approvals of the $26-million project largely on information supplied by the Christo organization. Included were structural engineering reports, traffic studies and even a wind tunnel test performed in Canada, they said.

The wind tunnel tests were required by Los Angeles County and Japan, where 1,340 blue umbrellas were erected.

“We told him that if his test data didn’t show they can withstand the winds up there, he wasn’t going to get approval,” said Tom Remillard, superintendent of building for the Los Angeles County Department of Public Works.

Jim Hogg, chief of the Kern County engineering department, said he was “extremely surprised when I heard about the accident on TV.”

“Of anybody that has processed plans through here,” Hogg said, “they were probably the most careful that their structures were adequate to handle the wind load.”

In issuing permits to the artist, both counties required that the umbrellas meet state building codes. The California Uniform Building Code requires that structures in much of the Tejon Pass be able to withstand 70 m.p.h. winds, although the umbrellas were only tested to withstand 65 m.p.h. winds while open.

However, county officials said they routinely approve permits for structures they suspect will sustain some damage in maximum winds.

“In all construction, you basically design for something less than the worst-case scenario, assuming that something worse than that isn’t going to cause failure, but will just require some repairs,” Hogg said.

As a precautionary measure, Christo had given his crews instructions to close umbrellas whenever winds reached 35 m.p.h., but because they are cranked by hand, they could not be closed fast enough when winds unexpectedly picked up on Saturday. Christo officials have said they chose October because it was “the calmest month” in the windy pass, but private and public weather experts dispute that, saying storms often pass through in mid- to late-October.

The umbrella that killed Keevil-Mathews was located on Kern County right-of-way. In Bakersfield, County Counsel Bernie Barmann Sr. said the county’s land encroachment permit included a “hold harmless” clause, which guaranteed Christo would defend the county in the case of a suit.

Kern County also required proof of liability insurance for the project and Christo submitted a $2-million policy, which covers the two counties, the state and private landowners who allowed umbrellas to be constructed on their properties Barmann said.

Los Angeles County attorneys could not be reached for comment about their contract with Christo, but Remillard acknowledged that the accident raised questions about their potential liability.

“Thank God there were no injuries on our side,” he said, “But we know that there (but) for the grace of God go I.”

Legal scholars doubted whether the counties would have to share in any judgments against the project. Instead, they said, the liability would probably fall to Christo, to his designers and to the umbrella manufacturers.

“This is a public relations disaster for Christo,” said Prof. Gary Schwartz, who teaches tort law at UCLA. “I would suspect . . . that there would be a good chance of a quick and generous settlement, if he is in the financial situation to do so.”

Christo and his wife, Jeanne-Claude Javacheff, have repeatedly said they spent all their savings, and all the money they could borrow, on the $26-million project, from which they reap no profits. However, Christo’s drawings and other artwork, which finance his enormous undertakings, carry price tags of up to $360,000, so raising more money might not be a problem.

“The Umbrellas” is the third of Christo’s major projects to be heavily damaged or destroyed by the wind. However, no one was injured in those other mishaps.

At his press conference, Christo said he would continue with his giant art projects, but would never again be able to think of “The Umbrellas” without remembering the accident.

“The incident will always be part of the project for me,” he said. “The beauty, the tragedy, the joy are all part of the project.”

Also contributing to this story was Times staff writer Tina Daunt.