Did she also tell you that Dad was my source?
She said it was Guillermo. An unwitting Guillermo at that.
Anybody who asked, I told them it was Guillermo. This is a dangerous story. Dad was really sticking his neck out by feeding me information.
So you decided to put Guillermo's neck on the chopping block?
He deserved it. The creep never told me he had a wife in Florida.
You didn't know he was married?
How would I? She's never here. I guess she prefers Palm Beach to Managua.
Go figure.
Anyway, after Dad dressed me down for dating his partner, we started meeting for coffee twice a week, that sort of thing. It didn't take long for him to realize that my journalism career was going nowhere. That's when he asked me to write this story.
You expect me to believe that he asked you to expose the abuses of his own company?
It's not about his company. Rey's Seafood trains its divers and uses the right equipment. Its divers get paid very well, too. That's why Dad's practically going out of business. He can't compete with some of these other companies that send untrained divers down all day long with no gauges.
So it's your job to write the story that will blow the competition out of the water. Literally.
Exactly. And they're not too happy with me right now. Which is why I'm hiding out in this shack.
Why didn't you just come home?
Because the story isn't finished yet, she said without a moment's hesitation.
That was the most grown-up statement I'd ever heard my sister utter. I smiled with my eyes and said, I'm proud of you.
So was Dad.
I'll bet he was. But what about Guillermo?
Honestly, he thinks Rey's Seafood should shut up and do business the way some of his competitors do.
Did he tell you that?
Sure. Training and equipment cost money. I wasn't exaggerating when I said it was practically putting the company out of business. That's why Dad went to Colombia.
I don't understand.
Last time Dad and I talked, he said there were some good boats for cheap in Cartagena. Every extra boat they add to their fleet increases cash flow by about fifty grand a month. So Guillermo gave him two choices. Cut the diving costs or go get the boats.
Guillermo sent Dad to Colombia? He never told me that.
Take it from me and his wife. He's not the most honest person I've ever met.
So I'm learning, I said, staring blankly at the flickering flame in the lamp.
What are you thinking?
After a moment or two I looked back at my sister and said, I think it's time I had a serious talk with Guillermo.
I woke to the sound of screaming monkeys. At least I thought it was monkeys.
Lindsey and I had stayed awake late, just talking. I'm not sure what time we'd finally gone to bed, if you could call straw-covered earth a bed. I woke several times during the night with a horrendous backache. It made me think of my father, sleeping on the cold ground in some mountain jungle night after night.
A beam of sunlight was streaming in through a hole in the east wall. I rolled over to keep it from hitting me in the eyes, but sleep was out of the question anyway. I thought the screaming monkeys were at it again, and then I realized that all along it had been the unfamiliar ring of the satellite phone I'd rented for this trip. If I'd been insistent on going to Nicaragua, Alex had been equally insistent that I be reachable anywhere at any time, just in case of an emergency.
I answered with trepidation, fearful of what an emergency might mean in my family these days.
Nick, I'm so glad I got you. It was Jenna. She was one of three people who had the satellite number, along with Mom and Alex.
Is everything okay?
Don't worry. It's only some legal maneuvering. I just got out of a hearing.
It seemed early for court, but then I realized that she was two time zones ahead of me. What happened?
I've been trying to keep the pressure on the insurance company while you're away. I got in front of the judge this morning and forced them to produce a company rep who will tell us exactly why your father's coverage was denied.
That's great.
The bad news is that Quality Insurance is a Bermuda-based company. Duncan Fitz convinced the judge that we have to go there if we want to take the deposition.
When is it?
That's why I'm calling. It's tomorrow.
Yikes.
It's the old adage: Be careful what you wish for. I told the judge we wanted to move as quickly as possible for your father's sake.
You did exactly the right thing. Unfortunately, I'm literally in the middle of nowhere right now.
You want me to try to postpone it?
No. I'll do what I have to do to get home tonight.
Anything I can do here to help?
Buy me a pair of knee socks and Bermuda shorts?
With those knees? Forget it.
I laughed, then said, You're coming to Bermuda with me, right?
Do you want me to?
Well, I'm up against my old firm. It's such short notice. We'll practically have to prepare on the plane as it is. I mean -
Nick, I just asked a question: Do you want me to go?
She wasn't being testy. She was just bringing me back to the only thing that mattered. Yes. I want you to go.
Then I'll go.
I smiled. I'll call you tonight, okay?
Sure. Have a safe flight.
As I switched off the phone, I felt upbeat that the deposition was set and that Jenna was coming with me. But the part we'd left unspoken was more than a little awkward, even ironic.
Bermuda was the place we'd planned to go for our honeymoon.
Chapter 44
At 11:00 A. M. Jenna and I were seated side by side in the St. George's office of Cool Cash. Frankly, I'd been unaware that the firm even had a Bermuda office. Nice place to hold firm retreats for partners, I presumed. The office had just one resident barrister, who was currently seated at the end of the table reading the Wall Street Journal. The real warriors were seated across the table, Duncan from Miami and Maggie Johans from New York. As general counsel, Maggie was evidently staying right on top of every phase of the case.
It had taken some doing for me to get out of Nicaragua in time for the deposition, and I never did get to talk with Guillermo. That would have to wait.
Swear the witness, please, I told the stenographer.
Jason Lee was a vice president of Quality Insurance Company based in St. George's. He was a large man, husky but not fat, with salt-and-pepper hair that was thinning on top. His attire was the Bermuda businessman's uniform, khaki shorts and knee socks, oxford-cloth shirt and blue blazer.
I covered the requisite preliminaries, and just as soon as I started asking questions of substance, Duncan jumped on me with objections. It was getting annoying, and I prepared for the worst as I moved to the heart of the matter.
Mr. Lee, why did Quality Insurance deny coverage?
He sipped his water. Legal reasons.
Not to be flip, but the whole point here is to determine whether the reasons were legal. So let me try again: Why did Quality Insurance Company deny coverage?
We denied coverage on the advice of our legal counsel.
Duncan grumbled and said, At this point I wish to caution the witness not to divulge any communications with the company's legal counsel. Those are protected by the attorney-client privilege.
It was the kind of speaking objection that was designed to coach the witness, and I wasn't going to let Duncan get away with it. I'm not asking the witness to tell me what his lawyer's advice was. I simply want to know the factual basis for the company's decision to deny coverage.
Lee answered, I'm afraid I can't possibly tell you the factual basis without revealing the nature of the legal advice.
Just tell me the facts that you presented to your lawyer.
It's all intertwined. It's protected by the attorney-client privilege.
This is the most ridiculous interpretation of the attorney-client privilege I've ever heard.
Then take it up with the judge, said Duncan.
The court has already ordered your client to tell us why it denied coverage. Either Mr. Lee is going to answer my questions or I'll file a motion for sanctions.
Duncan raised his hands, mocking me. Oh, gee. In that case, we give up. I'll have a cashier's check in the full amount of the three-million-dollar policy in your hands before the close of business today.
Maggie chuckled and said, Or perhaps your family and its so-called Nicaraguan fishing company would be more comfortable dealing with a suitcaseful of cash.
They shared a good laugh, and then Duncan glanced at the stenographer and said, Those last remarks are off the record.
No way, I said. I want it all on the transcript.
The Bermuda barrister at the end of the table looked up from his Wall Street Journal, made eye contact with the stenographer, and simply cleared his throat. It was clear that the remarks would be off the record.
Maggie smirked, pleased with the teamwork.
Tell you what, I said. Let's call Judge Korvan in Miami right now. See what she has to say about your objections.
The barrister jumped in again, sounding very British. Actually, the proper procedure in these particular circumstances is to petition a judge who has jurisdiction in Bermuda. I'll ring Uncle Henry straightaway, get a direct answer for you chaps.
Excellent idea, said Maggie.
Thanks, but no thanks, I said flatly. We'll call Judge Korvan, who's nobody's uncle.
How long is this going to take? asked Lee. I have a two o'clock tee time at Mid Ocean.
You'll make your tee time, said Duncan.
Don't be so sure, I said.
Oh, I'm quite sure, said Duncan. His tone was beyond confident, as if somehow he knew it was an absolute certainty.
I could feel my anger rising, but Jenna reeled me in with a gentle tug on the elbow.
Duncan said, Go ahead, hotshot. Make your phone call.
We exchanged a cold glare, then I picked up the phone and dialed Judge Korvan's chambers.
All eyes were on the speakerphone in the center of the conference table. We were waiting to hear the voice of the Honorable Judge PeA+-as.
My telephone call to Judge Korvan had been rerouted. For reasons unexplained, Judge Korvan had just today recused herself from the case. Her replacement was Humberto PeA+-as, a puppet who owed his seat on the Miami-Dade County bench to none other than Duncan Fitz.
Finally his secretary announced his arrival, and we heard the judge's voice over the box. Good afternoon to all of you.
Duncan seized the lead and introduced everyone. When the judge asked Duncan about his kids - identifying them by name, grade in school, and favorite sport - I knew I was in trouble.
So what seems to be the trouble in Bermuda? the judge asked.
I said, Your Honor, there's a dispute over discovery -
Let me stop you right there, Mr. Rey. Why is there any discovery going on in this case?
Because the insurance company has denied coverage, and we need to prove they were wrong.
I spoke to Judge Korvan about this case, and I have to tell you, I think she totally missed the boat. I don't see why Mr. Fitz's client should be subjected to intrusive discovery into its business decisions at this stage of the game.
It's hardly intrusive, Your Honor. My father's been kidnapped, and they won't provide coverage.
I understand that. But your insurance policy is a reimbursement policy. It reimburses you for any ransom payment that you make. You don't have a claim until you make a ransom payment and have an out-of-pocket loss.
That's technically correct. But if the insurance company hadn't denied coverage, I could have used the policy as security to borrow the ransom money. No bank is going to issue a line of credit against an insurance policy that is allegedly tainted with fraud.
That's very speculative, Mr. Rey.
The insurance company is also supposed to pay for my negotiator. They aren't doing that.
Duncan said, That's a disingenuous argument he's making, Judge. We happen to know for a fact that the negotiator we originally assigned to this case is still working with Mr. Rey under some kind of agreement they've worked out.
Is that true, Mr. Rey?
Her decision to stay on is certainly no doing of Quality Insurance Company's.
I asked you a simple question: Is she still helping you?
Yes, and I still have to pay her.
How much have you paid her so far?
Nothing yet.
Has she billed you?
Technically, no. She said we'd work that out later. I fully intend to pay her something.