Our next meeting took place two weeks later, on a Friday afternoon. This time Dahlia and her mother were also present. Both looked awkward and out of place. To my relief, Franz Wolf’s arrival eased the atmosphere. Dropping into a vacant chair beside Dahlia he talked to her in a quiet and measured voice. Taking our cue from him, the rest of us did our best to put mother and daughter at their ease. In due course, the clouds left Dahlia’s face. Rivka’s expression, too, brightened.
“Well, Ben Zion, so what do you have to tell us?” asked Rachel.
“We have firmed our decision to treat the policy as if it had not lapsed,” advised Ben Zion. “As I said last time, the non-payment of premium terminates the contract between the insurance company and the assured. But, in view of our lengthy relationship with Wollor, we have decided to treat the policy as being in force.”
“I consider this an appropriate and commendable stand,” interceded Jacob Keren.
“I am gratified,” said Ben Zion. “But, of course, this is not an end of the matter. We have to settle the amount to be paid by us.”
“Do you find the figures excessive?” I asked with alarm.
“Not in themselves: the assessment is sound. Naturally, the amount claimed for Dahlia’s loss of enjoyment of life is high. But then the accident is serious.”
“What then is disputed?” asked Rachel.
“The amount claimed in respect of loss of future earnings. As you know, Dahlia was a temporary employee …”
Franz Wolf interceded: “But she was really good. We raised her salary after her first three weeks with us!”
A round of heavy bargaining resulted, with Rachel taking the lead. On several occasions, she pushed Ben Zion into a corner and Ruth Schwartz had to step in to extricate him. In the end, Hannah brought the matter to its conclusion by pointing out that, in the ultimate, Rotem wanted to ensure Dahlia got adequate and fair compensation. Jacob Keren nodded.
“I wish this was the end of it,” said Ben Zion. “But there is one further matter, which we raised last time. It concerns the effect of the excess clause. And there is also the apportionment issue. As we all know, the main switch was on when Dahlia cleaned the guillotine.”
“But my Dahlia did what she was told,” Rivka exclaimed with agitation.
“We know that,” Ben Zion hurried, hoping to allay her fears. “But the point is relevant because the policy holder is Wollor. We raise it in respect of their claim under the policy.”
To my relief, Rivka did not reply. In the ensuing bargaining session, Boaz – Wollor’s representative – took over. He started with an attempt to construe the clauses in the spirit of the main objective of the policy, which was to enable Wollor to settle claims brought by employees. He then pointed out that any apportionment of the amount would have a direct bearing on the compensation received by Dahlia. In the circumstances, we should sidestep any technicalities regardless of their legal soundness.
Rachel agreed and, to my surprise, Jacob Keren voiced his reservations about any attempt to interpret the clauses of the policy in a manner that might defeat an employee’s justified claim. On further consideration, though, I realised that Jacob Keren’s words were true to his political manifesto. He had started his career in the courts as the advocate of victims of industrial accidents. Despite his rise in the legal world, he had retained his ideals. Like my reform orientated friend, Boaz, Keren had the facility of seeing the wider – sociological – effects of undesirable legal niceties. I knew that in his heart of hearts Jacob Keren realised that the law was a tool used by a powerful party against those weaker than him. Whenever possible he liked to see that justice be done.
Still, his intervention did not put an end to the haggling. Notwithstanding the patent sympathy of the Rotem lawyers, I had the feeling one further round of negotiations was becoming inevitable. Jacob Keren must have been of the same view. He was about to suggest that the meeting be stood over, when Franz Wolf saved the day.
“I understand the points you are making. But – in terms of real money – what is the gap between what Dahlia needs and what Rotem offers to pay?”
“About IL80,000.00,” explained Ben Zion Vered, sounding unhappy and embarrassed. “I wish we didn’t have to bargain like that, but this is, really, a question of principle.”
“I understand,” answered Franz Wolf. “I too had a legal training. But perhaps I can help. You see, I have just sold our villa in Herzlia. I bought it before the prices skyrocketed. Well, I need some of the money to pay for a flat I bought in Hamburg. But there is a surplus of IL55,000. It can be used to settle part of Dahlia’s claim.”
Everyone present was startled. In response to Ben Zion’s quizzical look, Boaz observed: “I told Mr. Wolf he was not under a duty to do this. But he has made up his mind.”
“But Uncle Franz,” chimed in Dahlia, “can you really afford this? Don’t you need the money to help you settle in Hamburg? I don’t want you to be too tight.” Her words reflected real concern for his well being. It was evident she had genuine affection for him.
“You must get the best medical treatment available. And, yes, Young Lady: I have enough and am going to be paid well in Hamburg. So don’t you worry. Just write to me as soon as you can tell me the operation has been a success.”
“You’ll get the first letter when I can write again,” she promised. Rivka – I sensed – wanted to add something but was unable to find the words. The grateful look she bestowed on her daughter’s former employer did, in any event, convey her message.
Jacob Keren felt the need to step in. “This brings us much closer. But we are still IL25,000 short. Well?”
“Just give us about 15 minutes,” said Ruth Schwartz. “I’ll need to make a telephone call. Hopefully, we can settle after it.”
“You don’t think it would be better to have another meeting?” asked Keren.
“I don’t think we need it. What do you think Hannah?”
“Not when they have been apprised of the proceedings,” agreed Hannah.
Ruth Schwartz used the telephone in my office. When she returned – looking much relieved – she confirmed that Rotem would cover the deficiency. Franz Wolf’s idea about a possible intervention of the re-insurers had borne fruit. It turned out that Rotem’s re-insurers were also the re-insurers of the manufacturers’ insurance company. So, in the ultimate, the major portion of the loss was to be settled by them. The manufacturers, though, would lose their no-claims bonus.