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The materials on this web site are intended to be for informational purposes only and are not intended to be treated as legal advice. Each legal problem depends on its particular facts, and different jurisdictions have different laws and regulations. Because of these differences, you should not act or rely on any information from this web site without seeking the advice of a competent attorney licensed to practice law in your jurisdiction. Osborne & Nesbitt's attorneys practice primarily in California. The firm makes no representation that materials on this web site are appropriate or available for use in jurisdictions other than California.

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Have Questions?

  • 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.

  • 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.

  • 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.

  • 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.

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