Webb bristled and said smugly, “That’s not in the policy.”
“Neither are punitive damages,” Jesse shot back.
Webb stuttered but had no retort.
Jesse fired away with “And since when does your client honor the policy?”
“Come on, Jesse. The jury’s not in here.”
“No, it’s out there and I’m ready to put it in the box and have us another trial. If all goes well I’m going to ask for a hundred thousand in punitive damages.”
“Settle down. Give me five minutes, okay?” Webb left chambers, and the judge and Jesse exhaled in unison. “Could it be over?” Oliphant asked, almost to himself.
“Maybe. It just might be the beginning of the end. I met with the lawyers for Coast States last week, up in Jackson, trying to get the cases settled. For the first time there they were willing to talk. The big boys haven’t blinked, until now. If ARU and Coast States surrender, the rest will be quick to follow.”
“How many cases do you have now?”
“Fifteen hundred, against eight companies. But I’ve filed only two hundred, those with clear wind damage. The others are more complicated, as you know. They’ll be harder to settle because of water damage.”
“Please don’t file any more, Jesse. I’ve had enough of these trials. And there’s something else that’s really bothering me. I’m not impartial anymore, and for a judge that’s not good.”
“I understand, Judge, but no one can blame you. These damned insurance companies are rotten, and if you hadn’t allowed my claim for punitive damages we wouldn’t be talking settlement. You made it happen, Judge.”
“No, you get the credit. No other lawyer on the Coast has dared to try one of these. They signed them up all right, but they’re waiting on you to force settlements.”
Jesse smiled and acknowledged the truth. Minutes passed before Webb returned, and he came back a different man. His face was relaxed, his eyes had a glow, his smile had never been wider. He stuck out a hand and said, “Deal.”
Jesse shook it and said, “Deal. Now, we’re not leaving this room until we have a written agreement, witnessed by the judge, that covers all of my cases and clients.”
Judge Oliphant put on his robe, went to his courtroom, and released the prospective jurors. Jesse informed his client that the case had been settled, a check was on the way.
* * *
Weeks passed, though, before anyone saw a check. ARU had written the playbook on stalling claims and it simply turned to the next chapter. Phone calls to adjusters were often not returned and never promptly. An amazing amount of paperwork was lost in the mail. Every letter from the company was mailed at the last possible moment. A favorite ploy was to settle with the folks who’d hired lawyers, and ignore those who hadn’t.
Coast States agreed to settle two weeks after ARU, and it proved just as slippery. By the end of July, almost all of the insurance companies were making offers to settle. Contractors were suddenly busy, and through the ravaged neighborhoods the welcome sounds of hammers and power saws filled the air.
Rudy & Pettigrew received its first batch of checks for the eighty-one clients who had sued ARU. Suddenly, there was a little over $40,000 in fees in the bank, and the money lessened the stress considerably. Jesse rewarded his partners with handsome bonuses; likewise for his secretary and part-time paralegal. He took some money home for Agnes and the kids. He sent a check to Keith in law school. And he tucked away $5,000 for his campaign account, one he had never closed.
The litigation was far from over. His clients who lived closer to the beach suffered damage that was clearly caused by the surge. His position was that the winds, at least 175 miles an hour, blew off roofs and porches hours before the flood came. Proving it, though, would take experts and money.