Chapter 20
Bev said to McGavin, “I have to get back to Stanforth. Can we talk to Rita on the phone?”
McGavin nodded and asked Cici if they could use the phone in the conference room. She told them to make themselves at home. McGavin placed the call to Rita on the speaker phone while Bev called Paul Morehouse on her cell. He picked up on the second ring. Bev didn't waste time with chit-chat. She simply told them that Denworth/Broadridge had been arrested and asked him to make arrangements to meet with the Mazzolis about midday, preferably at their house. Nobody else was to know. She instructed him to send her an email with the time because she was going to be on the phone.
Then she stepped out in the hall and asked Cici if she could use her office for a minute. Cici motioned toward the room across the hall. Bev went inside, closed the door and called Betty. One of the kids answered the phone. Bev asked them to get one of the adults urgently. Betty picked up the phone in a few seconds asking what was wrong. Bev said, “I'm sorry to impose like this. I'm in Dayton. The whole fire investigation thing is about to come to a head. I think there is a good possibility that rumors are going to start flying and craziness will follow. Would one of you be able to go to the school and pick up Emily. I don't know what's going to happen, but I want her out of the way.”
“Of course. Hank is in the shop. He can leave in a few minutes. She goes to the high school out on Princeton Road, right?”
“Yes. I'll tell her to look for you in the front. Thank you so much.”
“It's our pleasure.”
Next Bev called the principal of the school and asked him to call Emily to the office and excuse her for the day. She asked if Emily might be allowed to phone her, despite the ban on cell phone use in school. The principal asked if everything was okay. Bev answered that no one was hurt or ill, but there was a bit of an emergency and she needed Emily to come home. The principal agreed. Bev returned to the conference room where McGavin and Rita were chatting. She apologized and explained she had been making arrangements to get Emily out of school before the rumor mill got cranked up.
Rita said, “I think we're about through here. I'll call Pariente and tell him to stand down on all work. You're at bat, Bev. I think you are the best person to try to handle the settlement negotiations.”
“I know. I'm not sure I can get it done with a full release, but I'm gonna try. I'll meet with the Mazzolis today. I'm going to call Peters when we're through here to arrange a meeting with him and Sid this afternoon. I'll also call the adjusters for the two homeowners carriers. They have already both told me that if and when I needed them, they'd give me their policy limits to avoid litigation. That gives me $1.9 to work with. I've already primed Mazzoli to throw in most of the money he'll get for the property claim. Rita, I told him he'd get nothing for business interruption because his business was doing poorly. Do you think we could justify a small BI payment that might help the Mazzolis get started again if they give us the money for the property.”
“Absolutely. We'll do that after the fact. Get your release on the liability claims first. Then we can probably pay the Mazzolis maybe $25,000 or so on the business interruption claim. Let me put my guy on that. We'll have a few days on that. Keep me posted by email.”
Bev's phone rang. “Rita, my daughter's calling. I gotta take this.” She went across the hall. Emily's voice was shaking, “Mom what's wrong? Are you okay?”
“I'm fine. Either Aunt Betty or Uncle Hank is going to pick you up from school. Please wait out front of the school until they get there and then go to their house until I come for you. The cops arrested the person who set the fire. I expect there will be a lot of commotion among the victims until we can put together a meeting to explain what this means. I want you out of the way of the rumor mill today.”
“Who did it?”
“Nobody we ever suspected. That's for sure. The good news is that it was nobody connected to the Mazzolis. They will be totally exonerated.”
“That's good.”
“I think so, too. Now go wait by the front door for Uncle Hank. Do NOT breathe a word of this to anybody while you're waiting.”
“Trust me, Mom, I've heard enough of the buzz going around this town for the last few weeks to know that I want to be out in the country today.”
“I'll let you know when I'll come for you.”
“Mom?”
“Yes?”
“Good luck today.”
“Thanks. I'm going to need luck, and maybe a little divine intervention.”
“The good news is that I have a feeling the family will be praying for you.”
“I'll take any help I can get today. I love you.”
“Love you, too, Mom.”
Bev went back into the conference room and apologized to McGavin for the interruption. He had already ended the call with Rita. He waved both hands in the air and shook his head. “No problem, Bev. It was wise to get your daughter out of school today. There's likely to be a shit-storm for a while until the lawyers can corral all their clients.”
“Right. In many ways Emily has taken the brunt of this whole thing because she's the one in school and out there dealing with the townspeople every day.”
“When this is over, the two of you should take a vacation.”
“I've been thinking along those lines. But first I have to get through today. Are we done here?”
“Yes. What's your agenda?”
“My next call will be to Peters. I'll try to meet with him and Sid this afternoon, preferably soon after I meet with the Mazzolis.”
“Get going.”
They shook hands. In the lobby, they said good-bye to Cici. Frank had left to work on another case. McGavin pulled out of the parking lot. Bev received an email from Paul to the effect that he and the Mazzolis were ready to meet with her as soon as she could get back to town. She replied instructing him to meet her at the Mazzoli's house at noon. Next she called Peters before she started the car. She told him that she urgently needed to talk to him and Sid Carmichael and asked if they could meet her at Paul Morehouse's office that afternoon.
“What do you have, Bev?”
“I have completed my investigation and I want to discuss the outcome with you and Sid.”
“Should we round up the other lawyers?”
“I will need you to do that. We should probably have a meeting with all the lawyers and all the clients as soon as it can be arranged. I thought that it might be helpful if I talked to you and Sid first since you represent most of the clients and you're the two lawyers on your team who actually understand how this kind of thing works.”
“Understood. I'll get with Sid. I think we could probably get to Stanforth by about three o'clock. Will that work?”
“Yeah. If you can get there sooner, let me know.”
“We have arrangements in place for getting the lawyers and clients together on fairly short notice. I think I could arrange a general meeting for as early as this evening. Will that work?”
“The sooner the better. Stanforth has been on pins and needles for weeks. Everybody needs some closure. Once the rumors start flying today, things may get ugly.”
“I understand. When is the FBI going to announce the arrest of the perp?”
“Either in 24 hours or when I tell them that I've met with you.”
“I'm assuming that the deal is the FBI gets to make the announcement, not you or me.”
“That's right, and I will greatly appreciate it if you would help me keep that promise.”
He laughed, “Bev, I understand how this works. I'll let Ramon Anderson have his moment on the TV. I'll get my turn later.”
“Thanks. I'll see you this afternoon.”
Bev called Ramon Anderson and told him her schedule for the day. She suggested that he should be able to arrange his press conference for about 4:00 in the afternoon, which should give him plenty of time to make the evening news and the morning papers. He
thanked her for her cooperation.
She pulled out of the parking lot and headed for Stanforth, using her cruise control to avoid speeding. She called Rita to tell her the schedule for the day, and asking if Rita wanted to be present for the settlement meeting. The attorney asked Bev if she thought she would need the moral support. Bev sighed and said she believed that she would do better if she walked into that lion's den alone and unarmed. Rita agreed and told Bev she'd recommend that McGavin stay away as well.
“To be clear, I want you to send me an email spelling out my exact settlement authority here. I assume I have the full $1,000,000 on the liability side plus the $2.5 million on the property side to offer the Mazzolis. I need that authority in writing from Russ. Preferably within the next hour or so, before I meet with the insureds. We'll deal with the BI claim at a later time.”
“I'll call Russ now. You'll have written settlement authority by the time you get to Stanforth. Keep in touch.”
“I'll do that.”
Rita added, “I called the adjusters for the homeowners' carriers and got their verbal commitment for their limits. We should have that in writing within the next couple of hours.”
“Thanks. I hope so.”
She turned off her phone and slid a CD of native American flute music in the player. She had worked on a fire at a casino in South Dakota a few years before and had become enchanted with native American music. She found that it both calmed her and bolstered her courage for difficult meetings. She spent the rest of the drive home concentrating on the glorious beauty of autumn in Ohio and the haunting sounds of the bone flute. By the time she reached the Mazzoli's home, she was calm, focused and she thought that she just might make it through the day without a meltdown. Possibly.
She clicked on her phone when she pulled in the driveway and parked behind Paul Morehouse's car. Emily had emailed to say she was safely away at the farm where she was helping Aunt Betty and Grace make pickles. Rita forwarded emails from the three homeowners adjusters confirming their authority for Bev to include their limits in her offer to the claimants. McGavin sent her an email, which he copied to her assistant for the file, confirming her authority to tender the limits of the liability and the property coverages. Peters confirmed he and Sid would meet her between two and three.
Bev closed her eyes and breathed deeply. Then she got out of the car and walked to the door with what she hoped looked like a whole lot more confidence than she felt.
In greeting, Claudia asked Bev if she'd like some lunch. Bev said she might enjoy a bite when they were finished, but she thought they should talk first. They sat in the living room. The Mazzoli's were eager and nervous. Morehouse was fidgety. Bev leaned forward and touched Claudia's hand, “This has been a tough time for you. I'm here today to tell you that this morning the FBI arrested the man who set the fire.”
Claudia started to cry. Ron put his arm around his wife and laid his head on her shoulder, burying his face in her hair. Bev was pretty sure he was crying, too.
Paul asked, “Who was it and why did he do it?”
“It was the waiter that the Mazzoli's knew as Ryan Denworth. His name is actually Samuel Broadridge. He had an ax to grind with Donna Sonderland. That's a long, complicated story that you can read in the papers in coming days and weeks. I'm sure every last sordid detail will be hashed over a hundred ways.”
Ron regained his composure and asked, “What does this mean for us now.”
“Well, I'll be honest, I'm not sure what will happen tomorrow, but here's what's going to happen today. I'm prepared to pay you $2.5 million for the building and its contents. The safest way to do that would be for me to make a wire transfer to your bank. I also have authority from the company to tender the full liability limits of $1 million to the claimants. Your homeowners insurer, as well as the company that provides insurance for your sister and your brother have all agreed to tender their limits as well. You each have limits of $300,000. That gives us a pot of $1.9 million to pay on the liability claims. It's not enough, but it's all we've got. I'm going to do my best to get a full and final release from the claimants. I will level with you and tell you I don't know if I can get that, but I promise you I'll try.”
“What happens to us if you fail?”
“The claimants will all continue their lawsuits against you.”
Claudia asked, “Will you pay the legal bills?”
“No. Once I pay the limits of my policy, I'm finished. I have no further duty to defend you after that point.”
Paul prompted, “You mentioned once that you might be able to get something done if Ron and Claudia were willing to put in the money they are getting for the building, since we've all agreed they don't intend to rebuild the restaurant.”
“That would certainly help. If you are willing to put in that money, too, it may help. You'd end up paying most of it to lawyers anyway. I told you before that I didn't think you were entitled to anything for business interruption because the business was doing so poorly, but I've asked the company to take another look at that to see if they can justify a small payment to you, after we get a release from the claimants. That may help you to get started over with your lives.”
Ron and Claudia looked at one another. Bev held up her hands. “Don't answer me now. Talk about it. Talk to Paul. I'm meeting with the lead lawyers in a little while. They're going to try to put together a meeting with the claimants and the other lawyers as early as tonight. Maybe tomorrow. I'll need your answer before that meeting takes place.”
She looked at her watch and stood up. Both Claudia and Ron hugged her and thanked her for believing in them. Bev found herself choking up and extricated herself from the scene before she lost her composure. She knew that an emotional catharsis would come later, but she couldn't afford to let down yet.
The Mazzoli's offered to feed her lunch, but she said she wasn't hungry and had to go prepare for her next meeting. She hugged both of her insureds. Paul walked her out to her car and opened the door for her. She got in behind the wheel, closed the door and rolled down the window. Paul leaned over and smiled at her, “You know you're way too nice a person for the line of work you're in.”
“I guess that's a compliment.”
“It most certainly is. But, it's also kind of a friendly offer that if you need to talk, vent or cry, I'm available to listen.”
“Thanks. I'll get through today on pure adrenalin. Tomorrow will be the day for tears, if I get the settlement done, or for being sick in bed all day if I don't get a release from the claimants.”
“Do you want me at the meeting with Peters?”
“You can be there if you want to. You probably should be since the future of your clients hangs in the balance. You'll want to make sure that I don't cut a deal with the claimants and throw the Mazzolis under the bus.”
“I know you won't do that, but I'd like to be at the meeting. Let me talk to them for a little while and I'll meet you back at the ranch. What time is Peters arriving.”
“Peters and Sid Carmichael will be arriving between two and three.”
“I should be interesting to meet the great Sid Carmichael.”
“He's not that impressive.”
He winked and patted the car door. She waved and rolled up the window. On the way to the office she stopped at a convenience store and picked up a pre-made turkey sandwich. She wasn't hungry but she knew it would be a good thing to have something in her stomach because she was pretty sure that she was going to be sick at some point during the day. She could tell by the way the clerk looked at her that word was out that something was up. She parked in front of Morehouse's office and noticed that several people on the sidewalk stopped to look at her. She decided to hide in the office for the rest of the day.
Ed Casey walked up beside her as she was unlocking the door. He didn't say anything until they were inside. Then he said, “Just so you know, the fact that you had your daughter leave school suddenly
in the middle of the morning set off alarm bells that something is up. I will add as a side note that the fact that she was picked up by Hank Deller did not go unnoticed. The old timers around here whose memories for gossip are long will be yammering to everybody who hasn't heard the story about the estrangement between the Weigle family and your father. The word is that you have had no contact with that family your entire life. Now, all of a sudden, they're picking Emily up from school. Inquiring minds will want to know.”
“Nosy bastards can fuck off.” She ran her fingers through her hair. “Sorry. That was uncalled for.”
He laughed, “Actually I thought you used amazing restraint. In your situation, I think I'd have reacted like the kid in the movie The Exorcist.”
She giggled. “Nah. I'm going to save that for later, in private. Anyway, thanks for the warning. I had a pretty good idea that would happen, but once the attorneys start calling their clients to set up a meeting, I knew the shit would hit the fan, and I wanted her out of the way.”
“That was wise. When is the meeting?”
“Not sure. Peters and Carmichael should be here in an hour or so. They're trying to set up a meeting as soon as tonight. Maybe tomorrow.”
“When is Anderson going to have his press conference.”
“This afternoon at about 4:00.”
“It was nice of him to give you so much time.”
“Actually he offered me 24 hours. I called him back after I talked to Peters. I don't trust the lawyers not to jump in and steal Anderson's thunder. Anderson's been pretty decent on this gig, and I thought he earned his moment in front of the TV cameras.”
“What are you going to do now?”
She held up her sack, “I'm going to eat lunch so I'll have something to throw up later. He held up a bag from the deli. “Care for some company?”
“Actually, I'd love company and I'd love to talk about anything other than this claim. How about you fill me in on what's going on in the world. I have not looked at a newspaper or watched the TV news in days.”
They took their lunches into the conference room and spread them out. Casey had a large container of clam chowder which he divided between two coffee cups, pushing one in front of her. “My mother always said that any problem could be dealt with after eating soup.”
They ate their sandwiches and shared the soup, making small talk about the weather and town gossip. They finished lunch but Casey made no move to leave. Bev made a face, “You don't need to babysit me.”
“Yes I do. Paul told me to stay here until he arrives.”
“You guys ganging up on me?”
“We like to think of it as having your back.”
Bev closed her eyes to hold back the tears that she could feel building. She gritted her teeth until she found her control. Then she smiled at him and said, “Thanks.”
A few minutes later Paul came in and Casey got up to leave. Bev winked and said to Paul, “He's a good babysitter. He even fed me.”
Paul laughed and said, “Good. On a day like today I think you may need some extra TLC.”
She looked from one to the other, “We've been like the Three Musketeers since the beginning. I really appreciate your support.”
Casey left. Bev cleaned up the conference room and put on a pot of coffee. Paul went into his office. She followed him and leaned against the door. “How are Ron and Claudia?”
“They want to be relieved now that they are no longer looking at possible jail time, but they are very afraid about what might happen next.”
“That's perfectly understandable, and probably a good idea. The next part of this is very dangerous for them.”
“Here's the question. If you put up the $2.5 million and still can't get a release, they won't have a war chest to use to defend themselves.”
“To be clear, I will not do that to them. I'll put up the $2.5 only on the condition that I get a full and final release of all claims from all the claimants. Otherwise, I'll put up my million and they'll have $2.5 million to pay to you and trial counsel. I recommend you stick with Pariente since he's already done the initial preparation of the file and I can probably justify paying some runoff expenses for transitioning the file to your watch. I can probably also get him to continue to give you the rates he was charging me.”
Paul looked puzzled. Bev made a face essentially accusing him of being a idiot, “Insurance companies extract special billing concessions from lawyers. Pariente bills at $225 per hour for work done for Midwest. His rack rate is $350 an hour.”
“That makes sense. I feel like and idiot that I didn't know that.”
“It's kind of a volume discount arrangement. Companies hire the same lawyers over and over. They cut us a deal on their rate. Everybody benefits, including the insureds who get pretty decent representation most of the time for bargain rates, relatively speaking, of course.”
“I'm guessing you pay Rita Wentzel more. “
“Rita's expensive. But, she's worth it.”
She paused again. “So, what's the answer.”
“Let me call them back. That was their main question. I'm pretty sure that with that answer they'll say yes. I'll get with you in a minute.”
The front door opened. Bev backed out of Paul's office, closing the door behind her. She greeted Tim Peters and Sid Carmichael in the lobby. They shook hands. Sid said, “Long time no see, Bev.”
“It has been. I understand you've been lolly-gagging around in the Bahamas, living in that house I bought for you after the Rockingham Hotel fire, while some of the rest of us working stiffs have been busting our asses.” She winked at Peters.
Carmichael made a face and said, “I know you bust your ass constantly all the time. Tim's never done an honest day's work in his life.”
Bev laughed out loud, “You will perhaps forgive me if I say that appears to be a serious case of the pot calling the kettle black.”
Sid looked as sheepish as was possible for a multi-millionaire attorney wearing a custom made suit, a Rolex watch and a ring with a diamond the size of a marble. Bev thought that even with all that the fancy duds and bling, Sid still looked like a troll. She knew, however, that underneath all that plaintiff's attorney veneer, he was a decent guy. She was actually rather glad he was on the team. She thought he might be able to maintain control over the other lawyers, even if Tim couldn't. Sid was a Southern Ohio native who'd built a national reputation as a plaintiff's attorney. He was the hero of all the would-be hotshot lawyers in the Tri-State area. That gave him credibility with the local lawyers that even a hot shot like Peters didn't have.
Bev escorted them into the conference room and offered coffee. They declined and sat down. Paul walked in the room and Bev introduced Sid. Sid and Peters looked confused. Bev explained, “Paul is representing Mr. and Mrs. Mazzoli. I asked him to be here.”
Peters looked a bit perturbed, but Sid nodded with a kind of half smile.
Bev said, “I'll cut to the chase. This morning the cops arrested the guy who started the fire. I'll send you the details later by email, and I'm sure the papers will provide full and gory coverage. The bottom line is that the fire was set by a guy who had a serious grudge against Donna Sonderland. The Mazzolis had nothing to do with it. As I have told you all along, the Mazzolis were victims here as much as your clients were victims.”
Peters leaned forward, “Are you ready to tender your limits and cut your losses.”
“I told you already that I'm frankly inclined to deny liability and resist the claim. Obviously, there might be some room for compromise considering the costs of defending so many lawsuits. I'm not going to simply tell you to go to hell, but I am telling you that I don't view this as a case of liability on the part of my insured.”
Peters exploded, “Oh, come on, Bev! That restaurant was a God-damned fire trap and you know it! People died because the fire spread so fast. There was no sprinkler.”
Bev held up her hands. “The restaurant never
failed a fire inspection. There were fire extinguishers all over the place; in fact, they had more fire extinguishers than the fire code required. They were never denied insurance. They never had a claim in more than thirty years, and that one claim involved a patron who broke a tooth. You show me another restaurant in America with a safety record like that.”
Sid patted Peters on the arm and asked Bev, “What are you offering?”
“I'm offering my policy limits for a full and final release of my insureds from all claimants.”
Sid said, “Policy limits being $1 million.”
“Yes.”
Peters said. “It isn't enough.”
“It's what I have.”
Sid said, “You have to do better than that.”
Bev leaned forward, “Here's my deal. This is my only deal. If I can cobble together a little more from homeowners policies and the Mazzoli's themselves, I will do so. But, it is conditioned upon a full and final from all claimants or there's no deal. I want to be very clear about that. I'll get what I can for you, but I don't want you to take my million and spend it wrecking the financial future of the entire Mazzoli family.
“I also want to remind you that my insured is a victim here -- meaning if there are other liability claims you might be able to pursue against the person who set the fire, you might consider signing my insured up as a client. You might actually end up making more money in the long run.”
Peters leaned forward. “How much do you think you can get from the Mazzolis?”
“I don't know. They're crunching numbers.”
Sid asked, “How much will they get for the building and contents.”
“A couple of million and change.”
“Would they put that up?”
Bev raised her eyebrows, “Maybe yes. Maybe no. But only for a full and final release of all claims.”
Peters said, “We hear you, dammit.”
Bev ignored him and looked at Sid, “I know we need to have a meeting with all the claimants and I know you don't control the other lawyers. You have the most experience here. You know how it works. You are also the most brilliant attorney I've ever seen at dragging lots of entities to the table. I think there are potential civil claims you can pursue against the person who set the fire and perhaps other involved parties who may have assets. My insured is not responsible for this loss and I will not let you or any other attorney destroy their lives -- which are already in shambles -- over a few dollars. You hear me?”
Sid raised his hand, “I hear you loud and clear. I will talk to the other counsel. You talk to your insured. Can you be at the AmVets tonight at 7:00?”
“I'll be there.”
Peters asked, “Will you have your checkbook?”
“Yes.”
The lawyers stood up. Bev and Paul walked them to the door. They shook hands. Peters left and Carmichael turned back to Bev, saying, “You're too close to this one, Bev. You're losing your objectivity.”
“This one's in my back yard, Sid. These people are my neighbors. They're nice folks. I don't want them to suffer any more than they already have.”
“Understood. Do you really think the guy who set the fire has assets.”
“I think there are assets to be pursued.”
“He worked with somebody else?”
“Listen carefully to what the FBI says.”
“Understood. Do you really think the Mazzolis might throw in with the rest of the claimants?”
“They lost more than anybody. They lost family, property and their entire livelihood. I think you could do a whole lot with their story in front of a jury.”
Carmichael looked at Paul and said, “Maybe we can talk.”
Bev stepped in front of Paul, “Only after all of the claimants sign that release.”
Carmichael smiled, “Dammit, Bev, you sound like a stuck record.”
“Just making sure you understand where I'm coming from, Sid.”
He waved and followed Peters out the door.
It was three-thirty PM.
Bev asked Paul if he had a TV in the office. He did not. She called Casey to ask if he had a TV in his office. He didn't. She suggested they go to her house, pronto. They arrived at ten till four. She turned on the TV and saw the announcement scrolling across the bottom of the screen that the FBI was expected to make an announcement at 4:00 PM. They sat down and waited, watching a series of commercials and the end of a talk show.
At four o'clock the station cut away to the front of the FBI office in Cincinnati. Ramon Anderson stood erect and calm in front of an array of microphones, surrounded by a gaggle of other cops and lawyers. He said, “The FBI has concluded its investigation and made an arrest in the tragic fire at The Barn restaurant in Stanforth. We have taken into custody one Samuel Broadridge who has confessed to setting the fire that killed more than fifty people and more than a dozen others seriously injured. That is the extent of our statement. We will take no questions.” He paused and then added, “I want to be clear that the FBI has determined that the owners of the restaurant appear to have been in no way involved with this crime.”
Bev blew a kiss toward the TV yelling, “Thank you, Mr. Anderson!” The three of them stood in the middle of Bev's living room laughing and hugging. Bev suggested that Paul should go visit with the Mazzolis and then meet her at the AmVets later.
“Do you think the Mazzolis should be there.”
“I personally think they should not be there, but I have a strong feeling they'll want to come. If they insist, and if they're up to sitting through what may be a riot, bring them along. Frankly, I think the people of this town owe them an apology.”
A few minutes later Emily called to ask when Bev was going to pick her up. Bev explained about the FBI's announcement, knowing the Dellers didn't have a TV. Emily interrupted her. “They don't have a TV, but they have a radio. We heard it. Aunt Betty wants to know if you want to come for supper.”
Bev explained about the meeting at the AmVets, saying that she could pick Emily up before hand and bring her home, or, better, perhaps Emily could spend the night and Bev would pick her up in the morning. “You can stay home from school again tomorrow. Frankly, I think I'll appreciate the company tomorrow.”
Emily said she'd probably just spend the night with the Dellers, but she repeated the offer for Bev to come for supper. Bev said she really didn't have much of an appetite and thought it would be better if she ate a bowl of soup and relaxed at home before the meeting. In reality she took a shower and then lay down for a nap. She got up at six and dressed carefully.
At six fifteen Carmichael called her. “I'm calling to let you know that the lawyers just got off a conference call with Ramon Anderson. He didn't tell us a lot of details, but he told us enough to get the general picture. He said you knew the whole story. We want to know if you will tell the story at the meeting.”
“What I will say is that our investigation has been concluded. The Mazzolis did not set the fire or have anything to do with it. I will say that it is our understanding the fire was set by a person who was evidently a disgruntled former employee of one of Donna Sonderland's dealerships. He got a job at The Barn, giving a fake name and posing as a grad student with the intent of doing harm to Donna Sonderland. He deceived the Mazzolis and everybody else he came into contact with in Stanforth. Then he set the restaurant on fire during a busy night. The fire started in the corner where Donna Sonderland was sitting. I think that's enough.”
“What about Jimmerson.”
“I'm not going to go there. For one thing, all we know about Jimmerson's involvement is hearsay from Broadridge. He's a sack of shit, so I'm not prepared to believe that Jimmerson actually put him up to it. What if he's trying to drag Jimmerson into this by way of getting even for Jimmerson not helping him directly? I think the less we say at this point the better.” She laughed. “If you can establish a link between Jimmerson and Broadridge, have at him!”
“Okay.
I'll go along with that. Our plan is for Peters to start the meeting. He'll turn it over to me. I'll give a general rundown on how a claim like this works. Then I'll turn it over to you to report on the outcome of your investigation.”
“Are we going to be able to settle this?”
“I think we will. The claimants who live in Stanforth all know the Mazzolis. Most of the claimants are locals. A couple of them are employees whose claims are being paid under workers' compensation. I am almost 100% sure my clients will sign a release for the Mazzolis, if you can make a decent offer. The unknown quantity are Peters' clients. The Prescott estate is being handled by an out-of-control asshole who even Peters can't control. He's also got one client in the hospital with serious burns. She's a friend of Prescott's daughter; the maid of honor, I think. Her injuries are very serious. She could be a problem.”
“Okay. Is her family going to be at the meeting.”
“Both of her parents will be there.”
“You think I could get away with my sob story about how the Mazzolis are victims.”
He laughed, “You'd better tell that story with every bit of detail you can pack it with. Your only hope is to make everybody in the room cry. Better yet, it would be good if you could get Claudia Mazzoli to be sitting in the audience sobbing.”
“What if I have her sitting next to her daughter – the one who's kid died in the fire.”
“Even better.”
“Do you have any idea how much I hate you and all your ilk right now.”
“Yeah. To be honest, this particular deal makes me feel kind of disgusted myself. I feel bad for these people. Honest. Maybe this will help you. Your speech today got to me. That's never happened before. Maybe I've gone soft since I retired and I'm losing my edge. Then again, maybe, you were right. I will also tell you I'm going to try to sign the Mazzolis up as a client, and I'm going after Jimmerson if he was really behind this.”
“I'll do this for you. If my insureds ask my opinion, I'll tell them that what they need in this situation is an absolute prick for an attorney, and you'd be the guy.”
He laughed. “Thank you. I guess.”
She said, “I have to finish getting dressed. I'll see you later. Keep Peters and the pups in line, will you?”
“That's easier said than done.”
A half hour later Bev pulled into the parking lot of the AmVets hall. The place was as packed as the last time. The claimants had all brought their relatives and neighbors, and it looked to Bev as though a lot of uninvolved people were there out of curiosity. Bev feared the meeting was going to turn into a circus.
Paul and the Mazzolis were waiting for her in in the cloakroom. Claudia and Ron were visibly shaking. Bev's heart wanted to try to calm them down, but her head knew that the worse they looked and the more terrified they acted, the better the evening would go. She had the sense that Paul had intentionally scared them a little.
Bev asked, “What's the situation in there?”
Paul answered, “They've got it set up almost like a courtroom. The lawyers are at one table. They want you and me to sit at the other table with Ron and Claudia....”
“No, fucking possible way!!!” Bev stormed out of the cloak room and found Carmichael. “This is not acceptable! Push those tables together. The claimants lawyers along with Paul and I will all sit at the same table. The Mazzolis will sit in the audience like all the other victims in the room. You got that?”
Carmichael laughed. “I didn't think you'd go for it. That was the idea of one of the pups. I'm trying to keep on their good side. I knew you'd fix this so I didn't argue.”
“Well, argue now, god-dammit!” She turned on her heel and marched out into the vestibule, where she fumed for a few minutes before she joined Paul and the insureds. She suggested they join the rest of their family. Claudia looked at her with tears in her eyes and heartfelt relief in her voice, “You mean we don't have to sit in front?”
“No. You will sit with your family and all the other victims of this terrible tragedy – I mean, crime.”
Claudia hugged her and thanked her. Bev waved Claudia and Ron into the room, where they joined their family. The last thing she said to them was, “No matter what happens or what anybody says or what your heart wants you to do, do not say a word. Not a peep. Is that clear? You have to let Paul do all the talking for you. Do you understand?”
They both agreed and went into the meeting room, holding hands.
Paul looked around, “Where's your lawyer?”
Bev made a face and held out her hands, palms up, “I am unarmed.”
“You facing these wolves alone.”
“Just you and me, babe.”
“I'm going to let you do the talking.”
“Good. Just nod and say yes and/or no when appropriate.”
They took their seats at the table with the lawyers. Peters made some opening remarks, then turned the floor over to Carmichael. Bev thought he did a creditable job of describing the process of claims settlement and negotiation. He then asked her to give a report on the investigation. She stood at her place. She asked if the crowd could hear her without using the mike. People in the back said they couldn't hear her. She hated speaking from a podium, but she wanted to be heard.
She stepped behind the podium at the center of the table, adjusted the mike and said, “When we met the last time the cause of the fire was still under investigation. I was unable to make any assurances to anyone, including my insureds, whether or not my company would pay anything at all on this claim.
“The company's investigation is now concluded. I am happy to report that the police investigation concurs with our own investigation. The Mazzoli family had nothing to do with the fire. Nothing. No one in the Mazzoli family is responsible in any way for the damage or the injuries that resulted from it.”
The attorneys and some of the more savvy people in the audience grumbled and there were some shouts of protest. Bev held up her hand in a stop sign. “Let me finish. The Mazzolis did not set the fire. The person who set the fire has confessed and is in police custody.” There was some applause. Bev finished by saying, “Therefore, my company is prepared to proceed with handling the claim on its merits.”
She paused to let that sink in for a minute. “As I said, my investigation has concluded that the Mazzolis are in no way responsible for the fire or the injuries that resulted from it.” The protests erupted again, but Bev spoke over them, “However, your attorneys are prepared to argue that even if my insureds didn't set the fire, more people would have escaped if there had been sprinklers or if somebody hadn't opened the kitchen door, or if they had done something to fireproof the wood, or if they had had a crystal ball to know that there was a crazy man who had deceived them as to his identity and got a job in their restaurant in order to carry out a vendetta against a former employer, Donna Sonderland.
“I could and would refute each and every one of those allegations in court if I had to. The insurance company has engaged a small army of lawyers to defend the lawsuits you have filed against the Mazzolis. I think we could at least make your attorneys work hard to get any of their insurance money.
“But, I don't think it has to come to that.
“My company has agreed that it would be more efficient and equitable to settle your claims now. To put it bluntly, I'd rather put the money in your hands than in the hands of my attorneys.” She smiled, “I didn't invite my attorneys here tonight so I could say that without ticking anybody off.” There was polite laughter.
“The Mazzoli's policy provides $1,000,000 liability limits for this claim. Mr. & Mrs. Mazzoli also have a homeowners policy with $300,000 in limits. Each of their siblings who are partners in the business also have homeowners policies with $300,000 limits. I am authorized by those carriers to tender those limits as well. That makes $1.9 million. I readily admit that it is a drop in the bucket of what the total claims are worth. You are all suing a va
riety of defendants. No doubt you will pursue civil claims against the person who set the fire. I sincerely hope Mr. and Mrs. Mazzoli join you in pursuing claims against that person, because they lost a lot more in this fire than their insurance will pay for.
“I am offering $1.9 million in exchange for a full and final release of my insureds by every single claimant.”
The room was silent. One of the lawyers said, “That's not good enough. The word around town is that they're not going to rebuild. What are you paying them for the building and contents and their business interruption claim?”
Bev made a note on a piece of paper. She said, “The building and contents were insured for a little over $2,000,000. The business interruption claim is pending and unresolved. It's hard to evaluate a business interruption claim for a business that was failing. If we pay anything on that claim, it won't be much. I have offered policy limits on the building.” She surreptitiously moved the paper so Paul could see it.
“Keep in mind, even if they don't rebuild the restaurant, the money the company is offering the Mazzolis for the property is theirs. I have no claim on it. Their family operated that business in this town for more than fifty years. They reported exactly one claim during that entire time. The business has supported two generations of their family and the Mazzolis expected it to continue to support this generation as well and they planned to pass it along to their children. The business was the Mazzoli family's heritage and their children's inheritance. Contractually and equitably, they are entitled to keep that money.
“However, if they are willing to contribute something to the pot of money to keep your lawsuits from bankrupting them after they have lost their business, their friends, their employees and at least one family member, that is their choice. I personally recommend against it, but if you want a pound of their flesh on top of everything else they've lost, that is up to them.”
She looked at Paul. She noticed with gratitude that he did not look back down at the paper she had passed to him. He locked eyes with her for a second and then he stood up and looked at the crowd, “The Mazzolis are willing to contribute $1.1 million to the settlement offer.”
Bev said, “That's an even $3,000,000. That's all we've got.”
Someone said, “That means they will keep a million dollars.”
Bev responded, “One measly million dollars for fifty years of hard work on the part of an entire family. There are three siblings all of whom are married, who now have no income. They have children to put through college. That doesn't strike me as unfair or unjust. In today's dollars, one million dollars is not going to make them rich. It will barely keep them afloat until the next generation can find a new way of making a living.”
No one said anything. Peters said, “I think they should make it an even two million.”
Bev shot him a withering look, but didn't say anything. There was a long an intense silence. Bev waited. People seemed to expect her to argue. Paul started to say something, and she kicked him under the table. She saw Ron raise his head as though he were going to say something. She glared at Claudia, who motioned her husband to be still. The silence went on for several minutes. Bev stood behind the podium simply looking at the crowd. An uncomfortable ripple went through the crowd, but Bev still stood, waiting.
A lady stood up in the third row. Bev closed her eyes and tried with all her might not to cry. She knew somebody would come to the Mazzoli's defense.
The lady said, “My daughter and my grandson both worked for at The Barn. Both of them died in the fire. Frankly, I'm grateful they both died quickly after some of the things I've heard about the suffering of the people who survived. I've known Ron and Claudia for years. Shoot, I dated Ron in high school. I worked at The Barn when I was young. I was a regular customer in later years. My daughter worked for them for more than twenty years and every one of her kids worked there at one time or another. The Mazzoli family is part of this community. They lost everything in that fire, including a beautiful granddaughter. The police and the insurance company both say they had nothing to do with the fire. They're willing to give us more than a million dollars of their own money to help with the claims for the other people who where hurt. They didn't need to do that, but it's the kind of people they are. They are good, decent, hardworking people and it isn't fair of us to torment them because we are suffering. For my part, I would be willing to sign a release for the $1.9 million in insurance money alone. Let the Mazzolis keep their own insurance money. That's their retirement and their kids' inheritance. We should keep our hands off it.”
She sat down. The only sound in the room was Claudia Mazzoli sobbing and some soft grumbling from the lawyers. Bev didn't say anything. Paul looked at the paper and then at Ron Mazzoli. Ron nodded ever so slightly. The silence went on for several minutes. One of the lawyers stood up and said, “Now, don't let your emotions get in the way of common sense. There are people in the hospital with terrible injuries....”
A man in the back stood up and said, “Actually, with all due respect, sir, I think a little emotion in this situation may be a good thing. According to the newspapers most of the people in the hospital were employees. Workers' compensation is paying their medical bills. The others were members of the Prescott and Sonderland families, all of whom have medical insurance. The person responsible for this is the guy who set the fire. If we're going to gang up on anybody, let's go after him. I agree with Mrs. Deller. The Mazzoli's have lost more than any of us. We shouldn't punish them.”
A young woman stood up in the row behind the Mazzoli's and said, “My husband died in the fire. He was a waiter at The Barn. I'm willing to release the Mazzoli's for just the amount of my share of their insurance money. I don't think they should have to pay anything out of their pocket.”
Somebody else said, “A business owner should have more than $ 1,000,000 in insurance.”
Bev asked, “How many of you business owners have more than $1,000,000 in insurance limits?” No one raise their hand.
The lawyers were grumbling and glaring at their clients, instructing them to sit down and be quiet. The crowd was becoming more and more vocal about their willingness to accept the liability limits alone. They had almost reached a consensus. Bev leaned over as though picking up her purse and whispered, “Now.”
Paul stood up and said, “On behalf of the Mazzolis, I want to thank you for your generosity and kindness. Every one in this room has suffered something as a result of this fire. The Mazzoli family offered to share some of its own proceeds from the insurance money with their neighbors as a gesture of good will arising out of the same sense of community spirit and solidarity you're all expressing. They ask you to accept their offer in that same spirit.”
The response was a chorus of yeses. The attorneys tried to shout down the crowd, but the most vocal people in the crowd told the attorneys to shut up and sit down. When things settled down, Bev said, “In case anyone has lost track, the offer is $3,000,000 for a full and final release of the Mazzolis by every single claimant. Are there any objections?”
The attorneys all shouted for the crowd to be quiet. Peters grabbed the mike and said, “We need to caucus with our clients. Everyone who is not a claimant, please leave the room.”
About a third of the people in the room got up to leave. Bev and Paul remained seated. The Mazzolis looked as though they didn't know what to do. Peters ordered them out. Bev and Paul herded the entire Mazzoli family into the cloakroom and shut the door. The family members were all talking at once. Bev asked them to be quiet. She stood with her ear against the door. There was shouting and angry voices for a while. Very soon the voices became too quiet to hear.
Paul came up behind Bev and said, “You are amazing.”
“Don't speak too soon and jinx it.”
A few minutes later there was a knock on the door. Carmichael came in and said, “The claimants are willing to sign a release in exchange for the $3
,000,000 offer. They are circulating the release you sent over this afternoon, Bev. We're going to have you wire the money to Tim's trust account. He'll disburse it among the claimants. You should know that some of the claimants are waiving any right to this money in order to let it go to those people who are hurt the most. Some of them are saying they don't think they are entitled to anything because the Mazzolis didn't do anything wrong.”
Bev shook his hand, and said, “It's a pleasure doing business with you, Sid.”
He answered, “Now I'm going back into retirement and stay that way.”
Bev grinned, “After you get finished cleaning out Broadridge and Jimmerson's bank accounts, I hope.”
“Uh, yeah. I've got to make some money out of this deal.” He handed his card to Paul, saying, “If your clients want to join the rest of the claimants for the next phase, give me a call.”
Paul answered without hesitation, “My clients believe they have been adequately compensated by their insurance company. They will pass on further involvement.”
Sid made a face and shook his head. “Somehow I knew you would say that.”
Bev grinned, “That's why some of us live in podunk places like this. Because they're filled with good and decent people who do the right thing when given the chance.”
He said under his breath, “As opposed to prick lawyers like me.”
Bev winked at him and shrugged. The lawyer left the room and Bev turned to the Mazzoli family and said, “You can go home now. I'll need you to sign a release and an authorization for me to disburse some of your money to the plaintiffs. I'll get that paperwork to Paul tomorrow. You'll have your share of the remaining funds by the end of the week. I'll try to wrap up the business interruption claim by then as well, so you can simply move on with your lives.”
Each and every member of the extended family hugged her and thanked her, and then they did the same for Paul. Bev and Paul walked out into the parking lot where the people who had been ejected from the hall were waiting. The crowd gathered at the foot of the stairs. Paul raised his voice slightly and announced, “The deal's done. Three million even. Everybody's signing the release now.” A cheer went up from the crowd.
As Bev passed through on the way to her car, several people patted her on the back. She said to Paul, “I hope the next time they see one of those commercials on TV about the evil insurance adjusters who only want to rip you off, they'll remember this.”
He said, “Don't hold your breath.”
After the Fire Page 20