The Gentlemen's Hour

108

Petra was amazed at how quickly Boone became adept at researching case law.

He’d phoned her and asked her to meet him at her office, saying that he needed her help, and she’d come. Without saying how he’d come about the information, which might have compromised her as an officer of the court, he told her what he’d learned about Phil Schering and why he needed to research something called “proximate cause.”

She showed him how to use the search vehicle on the computerized case law, and he was at it like a Supreme Court clerk. Truly impressive. They worked at it all night. By the time a pink sky snuck through the east-facing window, Boone had for himself a good grasp of the existing California case law regarding earth movement and coverage.

“There’s a chain of events leading up to any loss,” he says. “Some causes of loss are either implicitly or explicitly covered under the insurance contract, and some are specifically excluded. California case law states that if a cause of loss isn’t specifically excluded by the contract, then that cause is covered and the insurance company has to pay for the damages.

“‘Proximate cause’ doctrine—which is basically an amalgam of a number of decisions in cases—states that the insurance company, in analyzing coverage, has to determine the nearest, most important cause of the loss—the ‘proximate cause,’ if you will. Unless the ‘proximate cause’ of the loss is specifically excluded, the loss is covered.”

“So,” Petra says, “in the case of houses that were destroyed by falling into the sinkhole, the ‘proximate cause’ is earth movement, which is specifically excluded, so the insurance company is not liable.”

“Not so fast, counselor,” Boone says. “ ‘Proximate cause’ doctrine used to be the precedent, but in more recent cases, such as Neeley v. Firemen’s, the law has evolved to now state that while the proximate cause of the loss must be decided, if any event in the chain of events leading to the loss is not specifically excluded, then the loss is covered and the insurance company has to pay.”

Christ, that’s sexy, Petra thinks. She leans in a little closer and asks, “So, what impact does that have on your analysis of these cases?”

“The real issue seems to be negligence.”

“Negligence?”

“Negligence,” Boone repeats. And what is that perfume? Because it’s really affecting his concentration. But he pushes through it and says, “Negligence is not specifically excluded as a cause of loss. But ‘weak link’ doctrine, if you will, holds that if negligence is found

anywhere

in the chain of events, then the loss is covered.”

“Is that what it holds?”

“Yes, it is.”

“I see.”

“No, I don’t think you do,” Boone says, looking into those amazing violet eyes. “See, if negligence occurs in the chain of events, the insurance company must pay the insured even if it intends to pursue subrogation—”

“What’s subrogation?”

“Subrogation . . .” Boone says. “Subrogation is when an insurance company sues the negligent party to recover the money it paid the insured.”

“That’s right. You’ve got it.”

“I do?”

“Oh, yes,” she says. “You know, you might want to think about law school.”

“Do you feel the same way about desktop sex as you do kitchen-counter sex?” he asks.

“No,” she says, “they are two entirely separate entities in my mind.”

“That’s good.”

“That’s very good.”

He has one leg of his jeans off when they hear a door open, then footsteps come down the hall. Boone hops over and closes the door.

“Is someone here?”

“Becky?”

Petra gets up and straightens her clothes as Boone does the same. Then she rearranges her hair and opens the door.

“Well,” Becky says, “it’s nice to know that someone gets in before me from time to time. Good morning, Boone.”

“Good morning, Becky.”

“We were doing some research,” Petra says.

“Well, there you go.”

“We’re almost finished.”

“I’m sorry I interrupted.”

“Boone,” Petra says, “I think that’s about as far as we can get on this—for the moment, anyway. I think I’ll just go splash a little water on my face and track down a coffee.”

She walks past Becky.

“Yeah,” Boone says, “I think I’ll . . .”

“Fly?”

“Yeah, you know, take off.”

“

Your

fly, idiot,” Becky says with a smile. “Zip your fly!”

“Thanks.”

“Don’t mention it.”

It’s a long drive to Pacific Beach.

He doesn’t bother to catch the end of the Dawn Patrol.