Grey v. Zurich holds that where language is not clear, an insurance carrier has a broad
duty to defend and indemnify. The Dunnion attorney demanded under insured
motorist arbitration. The carrier defended further requiring the worker
to be evaluated by their hired medical examiner. That doctor stated that
the complained of neck injury was not valid and that the man had a "unrelated
The Dunnion attorney continued to press the matter and the carrier agreed
to mediation to avoid formal litigation. The matter was mediated at the
Dunnion Law Firm in Monterey California by a senior mediator from Redwood
City as a result of a negotiated agreement. At the mediation the evidence
was presented by the Dunnion attorney and the carrier agreed to pay $450,000.00
new money to resolve the claim against the third insurance company. The
case that started as an unfortunate rear end
auto accident resulted in a recovery for the injured electrician of $615,000.00.
The mediator stated that the award was clearly more than the insurance
carrier wanted to pay and reflected the excellent work of the Dunnion
Law Firm. The electrician retired and moved back east to live near his
family in is home town in Massachusetts.
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