Moses v. Goshen Insurance and Fidelity
Tuesday, November 27, 2007 at 00:00
By Marcel Strigberger
I saw a painting recently depicting Moses holding up the ten commandments high over his head about to throw them in rage at the children of Israel for building and worshipping the golden calf knowing full well that this was a no no.
I subsequently watched the movie version of this scene and there was Charlton Heston as Moses lifting those tablets and shouting, "If you will not live by these laws, then you will die by them."
He then hurls the two slabs at the sinning Hebrews following which all hell breaks loose and the earth swallows up all the offending rebels, including Edward G. Robinson and a host of extras.
Now being a lawyer who spends some time handling personal injury cases I inevitably found myself viewing these depictions from a different perspective.
It occurred to me that Moses was over eighty when he performed this physical feat. And those tablets must have been heavy.
By comparison I was cleaning my patio recently and I had difficulty lifting even one of those rectangular flagstones that had come loose. I soon developed a backache lifting the slab only inches. And it's not like I waved the stone over my head threatening my neighbour Steven Feldman for idol worship.
I therefore concluded that Moses at his age throwing two stone tablets probably came down with some injury as a result of his impromptu slam-dunk.
I decided to research this enigma and with the assistance of legal archaeology Professor Albert Rosenblum of the University of Tel Aviv I came across little before known information about Moses. In fact the professor actually discovered a legal judgment wherein Moses sued for accident benefits arising out of this very incident. This judgment was rendered by The Honourable Mr. Justice Pinchas, of the Sinai Desert High Court:
Pinchas J.: The plaintiff Moses brings this action against Goshen Insurance and Fidelity for accident benefits. A brief summary of the salient facts is in order.
The plaintiff now 86 years old is a liberator by occupation. He was not always into this work but one day while he was tending sheep in Mideon he noticed a burning bush and as he approached to investigate he heard the voice of the Lord telling him his sheep herding days were over. He was ordered to return to Egypt and tell Pharaoh to let the enslaved Hebrews go.
Pharaoh resisted initially but after a bit of gentle coaxing from Moses, which included the doling out of ten plagues, Pharaoh mellowed and set the Hebrew free.
Unfortunately Pharaoh soon reneged and he sent his chariots after the fleeing Hebrews trapping them at the Red Sea. Just when things looked hopeless Moses stood at the shore and lifted both his hands in front of him parting the sea.
The Hebrews crossed over and when the pursuing Egyptians tried it, Moses held his hands out again and the waters came together snaring the pursuing army. It is of significance that Moses lifted his hands over his shoulders both times and I shall deal with that issue shortly.
Once in the Sinai Desert Moses was summoned by the Lord to come up Mount Sinai where he gave Moses the Ten Commandments engraved on two heavy stone tablets. These are actually a compendium of "Thou shalts" and "Thou shalt nots".
As this procedure took about forty days many of the people got sceptical about their leader's return and they built a golden calf that they started to worship.
When the plaintiff finally returned to camp, he was appalled at the breach of faith and he raised up both tablets, which at this time he was carrying one under each arm, over his head. He then shouted some choice words at the people and he threw the tablets at the rebellious crowd.
No one is sure exactly what Moses said but his second in command Joshua did hear him say "Ayyii".
Joshua went over to Moses who was crouching down favouring his right shoulder. He massaged it for a few minutes and applied some ice. Where the ice came from in the desert is a good question. Maybe it was another miracle. But there it was (exhibit 5).
Moses then developed severe shoulder tendonitis and he claimed that he was substantially disabled from performing the principal functions of his occupation.
By chance he had taken out accident disability insurance and so he applied for benefits. The defendant however sent back this letter (exhibit 7):
The defendant denies the claim on a couple of grounds. Firstly it claims that Moses when applying for insurance did not disclose certain material information.
The application form (exhibit 12) asks at question 41,
I disagree. This act was not sorcery. Counsel for the plaintiff referred the Court to the authoritative definition in Schwartz's Law Dictionary. Schwartz's defines "sorcery" as an act of magic performed by a "sorcerer", which is in turn defined as a man wearing a conical hat with stars and moons on it and performing feats of magic."
There is no evidence before me that Moses in performing the snake trick ever wore a conical hat with stars and moons on it. The only evidence of any hat at all worn by the plaintiff is that of a skull cap bearing a large letter "M".
The plaintiff accordingly does not fall into the sorcerer category.
The defendant then argues that the insurance is for injury caused by an "accident" and not a pre existing ailment. It claims that Moses was not really hurt by lifting those tablets but rather he suffered from shoulder problems before ever getting to Mount Sinai.
There was evidence given by an investigator, one Snitch son of Nimchi, who testified that while at the Red Sea when Moses was holding out his arms waiting for the sea to part and again while on the other side waiting for it to come together, that Moses said, "Come on already sea. My arms are killing me."
Even if Moses did have some shoulder problems before the tablet incident, does this change the nature of the occurrence? The evidence is clear that Moses was able to perform all of his duties before that faithful evening. It is obvious that the raising his hands over his shoulders caused the onset of his disability.
Nor do I buy the argument that coverage should be denied as Moses was the author of his own misfortune by wilfully throwing the tablets and therefore the incident was no accident, emanating rather from his deliberate act.
As counsel for the plaintiff has demonstrated, Moses in getting angry and throwing the commandments at the people acted within his job description. Clause 18 of the job description (exhibit 43) in fact reads as follows:
This leads me to the final question, namely, is the plaintiff disabled from substantially performing the essential duties of his occupation?.
His duties are wide, ranging from judging the people to trouble shooting to speaking to rocks and asking them to deliver fresh water. Frequently he is asked to raise his hands over his shoulders, as when there is a battle with the Hittites or the Canaanites for example. In doing this he finds that the battle goes better for his people. The minute he lets them down the Hebrews start taking a beating.
It is obvious from all the evidence that Moses is disabled as defined by the policy and that he is entitled to benefits. The plaintiff will have his judgment as claimed plus interest plus 50,000 shekels punitive damages as the insurer acted insensitively by suggesting throughout that Moses was playing games. If the monies are not paid within seven days Moses is free to use any means he chooses to recover. And if I was the claims' manager of Goshen Insurance, I would not give Moses the name of my first born son.
Judgment accordingly.
I saw a painting recently depicting Moses holding up the ten commandments high over his head about to throw them in rage at the children of Israel for building and worshipping the golden calf knowing full well that this was a no no.
I subsequently watched the movie version of this scene and there was Charlton Heston as Moses lifting those tablets and shouting, "If you will not live by these laws, then you will die by them."
He then hurls the two slabs at the sinning Hebrews following which all hell breaks loose and the earth swallows up all the offending rebels, including Edward G. Robinson and a host of extras.
Now being a lawyer who spends some time handling personal injury cases I inevitably found myself viewing these depictions from a different perspective.
It occurred to me that Moses was over eighty when he performed this physical feat. And those tablets must have been heavy.
By comparison I was cleaning my patio recently and I had difficulty lifting even one of those rectangular flagstones that had come loose. I soon developed a backache lifting the slab only inches. And it's not like I waved the stone over my head threatening my neighbour Steven Feldman for idol worship.
I therefore concluded that Moses at his age throwing two stone tablets probably came down with some injury as a result of his impromptu slam-dunk.
I decided to research this enigma and with the assistance of legal archaeology Professor Albert Rosenblum of the University of Tel Aviv I came across little before known information about Moses. In fact the professor actually discovered a legal judgment wherein Moses sued for accident benefits arising out of this very incident. This judgment was rendered by The Honourable Mr. Justice Pinchas, of the Sinai Desert High Court:
Pinchas J.: The plaintiff Moses brings this action against Goshen Insurance and Fidelity for accident benefits. A brief summary of the salient facts is in order.
The plaintiff now 86 years old is a liberator by occupation. He was not always into this work but one day while he was tending sheep in Mideon he noticed a burning bush and as he approached to investigate he heard the voice of the Lord telling him his sheep herding days were over. He was ordered to return to Egypt and tell Pharaoh to let the enslaved Hebrews go.
Pharaoh resisted initially but after a bit of gentle coaxing from Moses, which included the doling out of ten plagues, Pharaoh mellowed and set the Hebrew free.
Unfortunately Pharaoh soon reneged and he sent his chariots after the fleeing Hebrews trapping them at the Red Sea. Just when things looked hopeless Moses stood at the shore and lifted both his hands in front of him parting the sea.
The Hebrews crossed over and when the pursuing Egyptians tried it, Moses held his hands out again and the waters came together snaring the pursuing army. It is of significance that Moses lifted his hands over his shoulders both times and I shall deal with that issue shortly.
Once in the Sinai Desert Moses was summoned by the Lord to come up Mount Sinai where he gave Moses the Ten Commandments engraved on two heavy stone tablets. These are actually a compendium of "Thou shalts" and "Thou shalt nots".
As this procedure took about forty days many of the people got sceptical about their leader's return and they built a golden calf that they started to worship.
When the plaintiff finally returned to camp, he was appalled at the breach of faith and he raised up both tablets, which at this time he was carrying one under each arm, over his head. He then shouted some choice words at the people and he threw the tablets at the rebellious crowd.
No one is sure exactly what Moses said but his second in command Joshua did hear him say "Ayyii".
Joshua went over to Moses who was crouching down favouring his right shoulder. He massaged it for a few minutes and applied some ice. Where the ice came from in the desert is a good question. Maybe it was another miracle. But there it was (exhibit 5).
Moses then developed severe shoulder tendonitis and he claimed that he was substantially disabled from performing the principal functions of his occupation.
By chance he had taken out accident disability insurance and so he applied for benefits. The defendant however sent back this letter (exhibit 7):
The plaintiff subsequently launched this action.
Dear Moses,
After carefully reviewing your application we must decline benefits. We thank you for choosing Goshen Insurance and we hope to be of service again. Remember, with Goshen you are in our hands
The defendant denies the claim on a couple of grounds. Firstly it claims that Moses when applying for insurance did not disclose certain material information.
The application form (exhibit 12) asks at question 41,
It is noted that the plaintiff ticked off "No" to all of the items. The defendant claims that Moses in fact engaged in sorcery in that he had performed a number of magical tricks, including turning his walking staff into a snake in front of Pharaoh. Had it known this Goshen claims it would have declined coverage, as this was a material representation.
Do you ever engage in any of the following:
a) Chariot racing;
b) Pyramid climbing;
c) Bungee jumping;...
m) sorcery.
I disagree. This act was not sorcery. Counsel for the plaintiff referred the Court to the authoritative definition in Schwartz's Law Dictionary. Schwartz's defines "sorcery" as an act of magic performed by a "sorcerer", which is in turn defined as a man wearing a conical hat with stars and moons on it and performing feats of magic."
There is no evidence before me that Moses in performing the snake trick ever wore a conical hat with stars and moons on it. The only evidence of any hat at all worn by the plaintiff is that of a skull cap bearing a large letter "M".
The plaintiff accordingly does not fall into the sorcerer category.
The defendant then argues that the insurance is for injury caused by an "accident" and not a pre existing ailment. It claims that Moses was not really hurt by lifting those tablets but rather he suffered from shoulder problems before ever getting to Mount Sinai.
There was evidence given by an investigator, one Snitch son of Nimchi, who testified that while at the Red Sea when Moses was holding out his arms waiting for the sea to part and again while on the other side waiting for it to come together, that Moses said, "Come on already sea. My arms are killing me."
Even if Moses did have some shoulder problems before the tablet incident, does this change the nature of the occurrence? The evidence is clear that Moses was able to perform all of his duties before that faithful evening. It is obvious that the raising his hands over his shoulders caused the onset of his disability.
Nor do I buy the argument that coverage should be denied as Moses was the author of his own misfortune by wilfully throwing the tablets and therefore the incident was no accident, emanating rather from his deliberate act.
As counsel for the plaintiff has demonstrated, Moses in getting angry and throwing the commandments at the people acted within his job description. Clause 18 of the job description (exhibit 43) in fact reads as follows:
I find that the action of the plaintiff came within the ambit of his duties. He did not in my view overwax.
In addition to the foregoing the employee may occasionally have his wrath wax hot and he may discipline the people using any reasonable means as may be necessary.
This leads me to the final question, namely, is the plaintiff disabled from substantially performing the essential duties of his occupation?.
His duties are wide, ranging from judging the people to trouble shooting to speaking to rocks and asking them to deliver fresh water. Frequently he is asked to raise his hands over his shoulders, as when there is a battle with the Hittites or the Canaanites for example. In doing this he finds that the battle goes better for his people. The minute he lets them down the Hebrews start taking a beating.
It is obvious from all the evidence that Moses is disabled as defined by the policy and that he is entitled to benefits. The plaintiff will have his judgment as claimed plus interest plus 50,000 shekels punitive damages as the insurer acted insensitively by suggesting throughout that Moses was playing games. If the monies are not paid within seven days Moses is free to use any means he chooses to recover. And if I was the claims' manager of Goshen Insurance, I would not give Moses the name of my first born son.
Judgment accordingly.
______________
© 2007 Marcel Strigberger. This article CANNOT be copied or reproduced in any way without the expressed written consent of the Author.
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