GARY W. OSBORNE
Gary W. Osborne directs the firm’s coverage litigation practice.
Gary has successfully argued cases before state and federal trial and appellate courts throughout California. In addition, he has taught trial advocacy and deposition skills as a faculty member/lecturer for the National Institute for Trial Advocacy at programs in Seattle, San Francisco, Oakland, Palo Alto, and San Diego. He is currently a Co-Chair of the Lawyer Representatives for the United States District Court for the Southern District of California.
Gary earned a Bachelor of Arts degree in 1984, cum laude, in English and History from The University of Iowa. He earned a Juris Doctorate in 1989 from The University of Chicago Law School. While at the University of Chicago, he won the Hinton Moot Court Competition and earned the Thomas R. Mulroy Prize for Excellence in Appellate Advocacy with Highest Distinction.
Gary holds an AV-rating from Martindale-Hubbell and has been annually recognized by his peers as a leader in the field of insurance litigation.
Further details about Gary's professional background and experience can be found in the "Professional Summary PDF" in the left column.
Have Questions?
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Why should I select Osborne & Nesbitt as my coverage counsel?
In this field, expertise and experience matter. Coverage analysis and litigation on behalf of policyholders is all we do. We have represented some of California's leading companies against many of the nation's largest insurers. Having ourselves at one time worked on behalf of the insurance companies, we are able to apply an invaluable "Insider's Edge" to your claim.
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What monies can be recovered from the insurer?
Potential recoveries can include the attorney fees and costs incurred to defend the third party lawsuit, the amount of any settlement or judgment paid, as well as prejudgment interest, bad faith damages, and even punitive damages. We have obtained substantial recoveries on behalf of clients by successfully identifying and challenging wrongful denials of the duty to defend.
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What is the cost of challenging a wrongful defense denial?
Although insurance litigation can be expensive, we are frequently willing to review and challenge a wrongful denial of the duty to defend on a contingency fee or "percentage-of-recovery" basis.
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How long does a policyholder have to challenge a wrongful denial of the duty to defend?
Under California law, a policyholder has four years to challenge a wrongful denial of the duty to defend. What is more, this four year period does not even begin to run until the underlying lawsuit, which the insurer has refused to defend, has concluded. For this reason, by way of example, a wrongful denial of the duty to defend issued six years ago, in which the underlying lawsuit did not conclude until only three years ago, can still be challenged.
