The defendant, for his part, claimed that the defendant's decision was not made in connection with him, since he had no reference to the plaintiff's clothing. All of his arguments were summed up in his concern about the large number of sick passengers in the car and his assumption that this might worsen his medical condition. The things that the defendant attributed to him are against the background of being a person with an ultra-Orthodox appearance, without the driver or his manager bothering to contact him and clarify with him the reason why he requested transportation without additional passengers, including the plaintiff.
- The defendant sent a notice to a third party against Ayalon in which she petitioned for indemnification if the claim against her was accepted, by virtue of a professional liability insurance policy in which she was insured.
There is a dispute between the defendant and Ayalon as to whether the circumstances of the incident are covered by the policy.
According to the Ayalon Company, circumstances of the plaintiff's dignity, humiliation, discrimination and sexual harassment are not covered by the policy. According to the Ayalon Company's position, in accordance with the limitations in the policy, it does not apply to an event that stems from a malicious act or intentional damage to the insured, any activity, behavior or sexual harassment and any intentional violation of the law.
According to the defendant, this was a decision on a medical matter, in which it was decided that a confirmed patient - the defendant - should not be left outside his home, and therefore it was decided that he would continue traveling to the motel and the plaintiff, who lives nearby, would wait at her home for another transportation, and therefore Ayalon would have to bear any amount that would be awarded against the defendant, should the claim be accepted.
Discussion and Decision
- With regard to what was said to the plaintiff by the defendant's employees, there is no real dispute, so that on the factual level, the dispute is between the defendant and the defendant as to whether the defendant's employees said the words in light of a demand made by the defendant. Therefore, it is first necessary to determine factual findings as well as whether these establish a cost for compensation, and then to address the question of the amount of compensation and the existence/absence of insurance coverage.
- I will preface by saying that after I considered the arguments of the parties in the pleadings and their appendices and evidence, I heard the testimonies and gave my opinion to their summaries, I was convinced that the law of the claim against the defendant should be accepted, and so was the law of the notice to the Ayalon Company. The lawsuit against the defendant should be dismissed.
The statements made by the driver and his manager constitute sexual harassment and prohibited discrimination. The words were not said due to a demand by the defendant. In the circumstances of the incident, the plaintiff is entitled to compensation from the defendant.