Irrefutable Evidence (8 page)

“
Of course.
”
Yim didn
’
t elaborate. Point to Chadwick for witness preparation.

“
The fire inspector determined the fire was accidental, though, correct?
”

“
Not exactly.
”

“
Oh?
”
Sasha rifled through her pile of documents and passed a copy of the report to Yim, one to her lawyer, and a third to the court reporter.
“
I
’
ve pre-marked this document as Plaintiff
’
s Exhibit 6. Do you recognize this?
”

“
Yes.
”

“
This document is titled
‘
Fire Origin and Cause Report dated August 2, 2014 for the Premises Located at 1400 Smallman Extension.
’
Did I read that correctly?
”

“
Yes.
”

“
And that
’
s the fire investigation report for the building where Steel City Roasters was located, right?
”

“
Yes.
”

“
The document is signed by Nathaniel J. Herschman, correct?
”

“
That
’
s what it says.
”

“
Please read aloud the section titled
‘
Conclusions.
’”

Yim cleared her throat.
“
Conclusions: this inspector found no evidence of incendiary activity. The blaze appears to have started within the left front room, occupied by Steel City Roasters, but the exact point of origin could not be determined and cause could not be determined. It is my professional opinion that the fire was accidental in nature.
”

“
I
’
ll repeat my question: didn
’
t the fire inspector determine the fire to be accidental?
”

“
Again, not exactly.
”

“
What
’
s your basis for saying that?
”

“
Look, the inspector
’
s actual conclusion was that he couldn
’
t tell where the fire started, other than somewhere in Steel City Roaster
’
s space, and that he couldn
’
t tell the cause. That
’
s not a conclusion that the fire was accidental; it
’
s a conclusion that the cause is undetermined. That last bit, the part about his opinion being that it was an accident
—
that
’
s
…
well, for insurance purposes, that
’
s nice and all, but it
’
s hardly conclusory.
”

Sasha cocked her head and regarded the claims adjustor. Yim looked back at her unblinkingly.

“
So, to paraphrase, you, as a claims adjustor, didn
’
t feel comfortable or justified in relying on the fire inspector
’
s professional opinion because he didn
’
t articulate an evidentiary basis for it. Is that a fair statement?
”

Yim beamed at her.
“
That
’
s more than fair. That
’
s exactly it. The inspector could have, but didn
’
t, write a thorough report to support that opinion. In the absence of such a report, I had to rely on the actual facts: the fire started in Steel City
’
s space and then proceeded to blaze out of control, gutting an entire block-long brick building.
”

A shadow of concern crossed Chadwick
’
s face. His witness was warming to her subject. She was going beyond yes and no answers and explaining her reasoning. Any trial attorney knew that
’
s where the danger lay. Sasha had to spring before Chadwick reeled his client back in.

“
Can you explain why everyone else who considered the same evidence
did
rely on the inspector
’
s opinion, including your colleague Mr. Moraine?
”

Yim
’
s nostrils flared.
“
I can
’
t venture a guess as to what Mr. Moraine might have been thinking.
”

“
But he did approve the claims for his clients who were located in the building, right?
”

“
Yes.
”

“
And your department supervisor signed off on them, correct?
”

“
Evidently.
”

“
Yes or no?
”

“
Yes.
”

“
So what makes the Maravaches
’
claim different?
”

“
Every claim is different. It would be an oversimplification to apply cookie cutter criteria to a claim. By way of example, the fire started in the Maravaches
’
space, a locked space that only they had access to.
”

“
Well, the landlord had access, too, presumably.
”

Yim gave her a steady look but didn
’
t speak.

“
Ms. Yim?
”

“
That
’
s not a question,
”
Chadwick interjected.

Sasha faked a smile.
“
My apologies. I
’
ll rephrase. Did the landlord have access to all of the commercial tenants
’
spaces?
”

“
Yes.
”

“
In fact, the landlord had access to the entire building, correct?
”

“
I believe so.
”

“
And the landlord is also a Mid-Atlantic insured, right?
”

“
Yes.
”

“
His claim was paid, wasn
’
t it?
”

“
Yes.
”

“
In fact, every single claim associated with the fire was paid, except for the Maravaches
’
claim. True or false?
”

“
That
’s true.
”

“
And while the fire started in Steel City Roasters
’
shop, that
’
s not the only difference between the Maravaches and the other insureds, is it?
”

“
No, another difference is that Steel City Roasters was seriously undercapitalized. Also, the landlord had recently raised Steel City Roasters
’
rent, but, as I understand it, all the other tenants were grandfathered into leases that provided for rent caps.
”

Sasha had to admit that Yim was good. Those were two terrible facts for her client. But it wasn
’
t Sasha
’
s first time at the rodeo.
“
Sure, but that
’
s not the material difference between Steel City Roasters
’
and the others, is it?
”

For the first time, Yim
’
s confidence faltered.
“
I
…
I
’
m not sure what you mean,
”
she said finally.

“
What I mean is, isn
’
t it true that every other insured
’
s claim was handled by Mr. Moraine and not you?
”

“
Um, to be honest, I don
’
t know that off the top of my head. I
’
d have to look at my files back at the office.
”

“
That
’
s okay. I have documents here that will show it. In fact, the documents Mid-Atlantic produced in discovery establish that every single property damage claim in the past ten years that arose out of a fire where Inspector Herschman handled the fire inspection, Frank Abruzzi or Ben Dolman was the insurance broker, Mr. Moraine was the adjuster, and Anthony DiPanni was the supervisor was paid
—
every single one was paid.
Is that a coincidence, Ms. Yim?
”

Yim
’
s face clouded. She furrowed her brow. Then her eyes widened. It was as if she were a novice acting student being told to convey first disbelief and then dawning realization. Chadwick, who was barely paying attention, didn
’
t notice his client
’
s reaction but managed to object to the form of the question.

Sasha locked eyes with Yim for several long seconds before saying,
“
I
’
ll withdraw it. I think I
’
ve done everything I need to here. Let
’
s wrap this up. I
’
m dying for my pre-lunch coffee.
”
She gestured with her empty Jake
’
s Coffee Shop mug.

She
’
d done what she could. The rest was up to Yim.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

“
You
did fine,
”
Phillip assured Laura as they left the lawyer
’
s offices and navigated the narrow staircase to the first floor.
“
Better than fine, in fact.
”
He stopped at the bottom of the stairs and checked the time on his gold wristwatch.
“
Do you have time for lunch?
”

“
No, I
’m sorry, I don’
t.
”
She braced herself for a barrage of follow-up questions asking what time her flight was and how she planned to get to the airport, but he apparently wasn
’
t all that interested.

“
Maybe next time.
”

“
No offense, but I hope there
’
s not a next time.
”

He laughed at that.
“
Fair enough.
”

She let out a shaky breath. Her mind was racing, trying to explain away the information it had just acquired. She had to get rid of her lawyer so she could think.

She glanced toward the entrance to the coffee shop, just a few yards away.
“
But I do want to get some tea, so I
’
ll say my goodbyes now.
”

“
Oh, of course.
”
He shifted his briefcase into his left hand and offered her his right.
“
It was nice to meet you, Laura. I
’
ll be sure to let the folks at Mid-Atlantic know that you did a very nice job.
”

She pumped his hand and ignored the sickly, guilty feeling her plan was causing in her belly.
“
Thanks.
”

She watched him stride along the hallway and waited until he pushed through the heavy front door and stepped out on to the sidewalk. Once she was sure he was gone, she forced her shaky legs to carry her into the coffee shop across the hall. The small shop was nearly empty, except for a cluster of artsy-looking young guys leafing through an oversized portfolio, admiring an array of glossy black and whites. From the glimpse she caught as she passed the table, the photos appeared to be pictures of buildings taken at unusual angles, mainly extreme closeups.

She neared the counter then hesitated, unsure if she should order. What if Sasha didn
’
t come down for her coffee refill?
Stop it,
she scolded herself.

“
What
’
ll it be, ma
’
am?
”
the olive-skinned girl behind the counter asked.