The next letter is also from Great Benefit, and at first looks like all the rest. It is quick, nasty and to the point. It says: “Dear Mrs. Black: On seven prior occasions this company has denied your claim in writing. We now deny it for the eighth and final time. You must be stupid, stupid, stupid!” It was signed by the Senior Claims Supervisor, and I rub the engraved logo at the top in disbelief. Last fall I took a course called Insurance Law, and I remember being shocked at the egregious behavior of certain companies in bad-faith cases. Our instructor had been a visiting Communist who hated insurance companies, hated all corporations in fact, and had relished the study of wrongful denials of legitimate claims by insurers. It was his belief that tens of thousands of bad-faith cases exist in this country and are never brought to justice. He’d written books about bad-faith litigation, and even had statistics to prove his point that many people simply accept the denial of their claims without serious inquiry.
I read the letter again while touching the fancy Great Benefit Life logo across the top.
“And you never missed a premium?” I ask Dot.
“No sir. Not a single one.”
“I’ll need to see Donny’s medical records.”
“I’ve got most of them at home. He ain’t seen a doctor much lately. We just can’t afford it.”
“Do you know the exact date he was diagnosed with leukemia?”
“No, but it was in August of last year. He was in the hospital for the first round of chemo. Then these crooks informed us they wouldn’t cover any more treatment, so the hospital shut us out. Said they couldn’t afford to give us a transplant. Just cost too damned much. I can’t blame them, really.”
Buddy is inspecting Booker’s next client, a frail little woman who also has a pile of paperwork. Dot fumbles with her pack of Salems and finally sticks another one in her mouth.
If Donny’s illness is in fact leukemia, and he’s had it for only eight months, then there’s no way it could be excluded as a preexisting condition. If there’s no exemption or exclusion for leukemia, Great Benefit must pay. Right? This makes sense to me, seems awfully clear in my mind, and since the law is rarely clear and seldom makes sense, I know there must be something fatal awaiting me deep in the depths of Dot’s pile of rejections.
“I don’t really understand this,” I say, still staring at the Stupid Letter.
Dot blasts a dense cloud of blue fog at her husband, and the smoke boils around his head. I think his eyes are dry, but I’m not certain. She smacks her sticky lips and says, “It’s simple, Rudy. They’re a bunch of crooks. They think we’re just simple, ignorant trash with no money to fight ’em. I worked in a blue jean factory for thirty years, joined the union, you know, and we fought the company every day. Same thing here. Big corporation running roughshod over little people.”
In addition to hating lawyers, my father also frequently spewed forth venom on the subject of labor unions. Naturally, I matured into a fervent defender of the working masses. “This letter is incredible,” I say to her.
“Which one?”
“The one from Mr. Krokit, in which he says you’re stupid, stupid, stupid.”
“That son of a bitch. I wish he’d bring his ass down here and call me stupid to my face. Yankee bastard.”
Buddy waves at the smoke in his face and grunts something. I glance at him in hopes that he may try to speak, but he lets it pass. For the first time I notice the left side of his head is a tad flatter than the right, and the thought of him tiptoeing bare-assed through the airport again flashes before my eyes. I fold the Stupid Letter and place it on top of the pile.
“It will take a few hours to review all this,” I say.
“Well, you need to hurry. Donny Ray ain’t got long. He weighs a hundred and ten pounds now, down from a hundred and sixty. He’s so sick some days he can barely walk. I wish you could see him.”
I have no desire to see Donny Ray. “Yeah, maybe later.” I’ll review the policy and the letters, and Donny’s medicals, then I’ll consult with Smoot and write a nice two-page letter to the Blacks in which I’ll explain with great wisdom that they should have the case reviewed by a real lawyer, and not just any real lawyer, but one who specializes in suing insurance companies for bad faith. And I’ll throw in a few names of such lawyers, along with their phone numbers, then I’ll be finished with this worthless course, and finished with Smoot and his passion for Geezer Law.
Graduation is thirty-eight days away.
“I’ll need to keep all this,” I explain to Dot as I organize her mess and gather her rubber bands. “I’ll be back here in two weeks with an advisement-letter.”
“Why does it take two weeks?”
“Well, I, uh, I’ll have to do some research, you know, consult with my professors, look up some stuff. Can you send me Donny’s medical records?”
“Sure. But I wish you’d hurry.”
“I’ll do my best, Dot.”
“Do you think we’ve got a case?”
Though a mere student of the law, I’ve already learned a great deal of double-talk. “Can’t say at this point. Looks promising, though. But it’ll take further review and careful research. It’s possible.”
“What the hell does that mean?”
“Well, uh, it means I think you’ve got a good claim, but I’ll need to review all this stuff before I know for sure.”
“What kind of lawyer are you?”
“I’m a law student.”
This seems to puzzle her. She curls her lips tightly around the white filter and glares at me. Buddy grunts for the second time. Smoot, thankfully, appears from behind, and asks, “How’s it going here?”
Dot glares first at his bow tie, then at his wild hair.
“Just fine,” I say. “We’re finishing up.”
“Very well,” he says, as if time is up and more clients must be tended to. He eases away.
“I’ll see you folks in a couple of weeks,” I say warmly with a fake smile.
Dot stubs her cigarette in an ashtray, and leans closer again. Her lip is suddenly quivering and her eyes are wet. She gently touches my wrist and looks helplessly at me. “Please hurry, Rudy. We need help. My boy is dying.”
We stare at each other forever, and I finally nod and mumble something. These poor people have just entrusted the life of their son to me, a third-year law student at Memphis State. They honestly believe I can take this pile of rubble they’ve shoved in front of me, pick up the phone, make a few calls, write a few letters, huff and puff, threaten this and that and, Presto! Great Benefit will fall to its knees and throw money at Donny Ray. And they expect this to happen quickly.
They stand and awkwardly retreat from my table. I am almost certain that somewhere in the policy is a perfect little exclusion, barely readable and certainly indecipherable, but nonetheless placed there by skilled legal craftsmen who’ve been collecting fat retainers and delightfully breeding small print for decades.
With Buddy in tow, Dot zigzags through folding chairs and serious Rook players and stops at the coffeepot, where she fills a paper cup with decaf and lights another cigarette. They huddle there in the rear of the room, sipping coffee and watching me from sixty feet away. I flip through the policy, thirty pages of scarcely readable fine print, and take notes. I try to ignore them.
The crowd has thinned and people are slowly leaving. I’m tired of being a lawyer, had enough for one day, and I hope I get no more customers. My ignorance of the law is shocking, and I shudder to think that in a few short months I will be standing in courtrooms around this city arguing with other lawyers before judges and juries. I’m not ready to be turned loose upon society with the power to sue.
Law school is nothing but three years of wasted stress. We spend countless hours digging for information we’ll never need. We are bombarded with lectures that are instantly forgotten. We memorize cases and statutes which will be reversed and amended tomorrow. If I’d spent fifty hours a week for the past three years training under a good lawyer, then I would be a good lawyer. Instead, I’m a nervous third-year student afraid of the simplest of legal problems and terrified of my impending bar exam.