Dominic S. Nesbitt

Dominic S. Nesbitt directs the firm’s coverage analysis practice.

Dominic initially trained as an insurance broker at Lloyd’s of London before entering law school in the early 1980s. He is licensed to practice law in both California and England.

Dominic’s initial practice in London with Lawrance Messer & Co. (now Nabarro Nathanson), as well as his entire practice in California, has been devoted exclusively to the area of insurance coverage analysis, with a particular focus on commercial general liability, directors and officers, professional liability, and property policies. Dominic is the past Chairman of the Insurance Section of the San Diego County Bar Association.

Prior to forming Osborne & Nesbitt LLP in 1996, he was associated with the national law firms of Luce, Forward, Hamilton & Scripps LLP and Adams, Duque & Hazeltine. He is a member of both the California Bar and the Law Society of England and Wales.

Dominic holds an AV-rating from Martindale-Hubbell and has been annually recognized by his peers as a leader in the field of insurance law.

Further details about Dominic's professional background and experience can be found in the "Professional Summary PDF" in the left column.

PRACTICES

• Insurance Coverage Analysis and Litigation

EDUCATION

• University of the West of England, England (LL.B., honors, 1985.)
• College of Law, Guildford, Surrey, England (Law Society Final Examination, 1986.)

BAR INFO

• California - 1990
• U.S. District Courts for the Southern, Central, Northern and Eastern Districts of California
• England & Wales - 1988

ASSOCIATIONS

• Past Chair, Insurance/Bad Faith Section, San Diego County Bar Association - 2000 to 2002

AWARDS

• Southern California “Super Lawyer” - 2007-2024 - Insurance Coverage
• San Diego Daily Transcript “Top Attorney,” Finalist

ARTICLES

• Wrongful Denial of the Duty to Defend Can Have Surprising Value
  • March 2022, Association of Business Trial Lawyers Report
• Avoid consequences of delay under claims-made-and-reported policies
  • May 2018, Los Angeles Daily Journal
• Avoid the Consequences of Untimely Tender
  • February 2018, Los Angeles Daily Journal
• Claims-made-and-reported policies and Section 3275
  • November 24, 2017, Los Angeles Daily Journal
• Questions of Satisfying “Self-Insured Retention” Keep Coming Up
  • September 26, 2017, Los Angeles Daily Journal
• Misconceptions About an Insurer’s Duty to Defend
  • July 14, 2017, Los Angeles Daily Journal
• When Does the Cumis Statute Rate Cap Apply?
  • May 10, 2017, Los Angeles Daily Journal
• Damages for Breaching Duty to Defend
  • March 22, 2017, Los Angeles Daily Journal
• When an Insured’s Defense and Prosecution Costs Overlap
  • January 10, 2017, Los Angeles Daily Journal
• “Arising Out Of” Insurance Policy Exclusions
  • December 12, 2016, Los Angeles Daily Journal
• The Duty To Defend: Identifying A Wrongful Denial
  • September 2016, San Diego Lawyer Magazine
• Insurance Recovery: Silver Lining To Costly Litigation
  • April 14, 2016, Los Angeles Daily Journal
• Scrutinize Every Lawsuit For Claims Of Defamation
  • March 16, 2016, Los Angeles Daily Journal
• Don’t Miss The “Buss”
  • June 2010, ADVOCATE: Journal of Consumer Attorneys Association for Southern California
• How To Negotiate Allocation Of Responsibility Issues Under D&O Policies
  • Summer 2006, Association of Business Trial Lawyers Report
• Audit Can Turn Wrongful Insurance Denial Into Business Asset
  • November 2, 2004, The Daily Transcript
• Survival Guide For Cumis Counsel: How To Address Insurers’ Challenges To Fees Owed To Independent Counsel
  • August 2004, Association of Business Trial Lawyers – ABTL Report
• Fire Insurance: What You Need To Know Now
  • March/April 2004, San Diego Lawyer
• The Duty To Defend: Post-Montrose Issues
  • May/June 1995, PLI Commercial Law and Practice Course Handbook Series No. 4477

SPEAKING ENGAGEMENTS

• Liability Insurance: Top Ten Facts Every Attorney Should Know
  • October 31, 2017 Association of Corporate Counsel San Diego, CA
  • 2017-2018 Law Firms, Business Organizations, Legal Organization and In-House Counsel throughout California
• The “Duty To Defend”: How To Spot A Wrongful Denial!
  • September 14, 2016 - Association of Corporate Counsel - San Diego, CA
• An Insurer’s “Duty To Defend”: Don’t Be Short-Changed!
  • August 13, 2015 Association of Corporate Counsel San Diego, CA
• Land Mines And Gold Mines Of Insurance Coverage
  • September 19, 2014 Association of Corporate Counsel San Diego, CA
• Negotiating Allocation Issues Under Directors & Officers Policies
  • September 25, 2013 - Association of Corporate Counsel - San Diego, CA
• “Rembrandt In The Attic” (The Hidden Value Of A Wrongful Insurance Denial)
  • September 13, 2012 - Association of Corporate Counsel - San Diego, CA
• “Would You Like Cumis With That?”
  • (Ten Things Every General Counsel Should Know About The Cumis Doctrine)
  • July 12, 2011 - Association of Corporate Counsel - San Diego, CA
• Liability Insurance: Five Costly Mistakes To Avoid
  • July 20, 2010 - San Diego County Bar Association
  • May 11, 2010 - Association of Corporate Counsel - San Diego, CA
• Land Mines & Gold Mines Of Insurance Coverage
  • 2001 to 2003 - Law Firms, Business Organizations and In-House Counsel throughout Southern California
• Hot Topics In Insurance Coverage And Bad Faith Litigation In California
  • December 3, 2002 - Lorman Education Services, San Diego, CA
• Recent Developments In Insurance Law
  • February 27, 1998 - Lorman Education Services, San Diego, CA

ARTICLES ABOUT OSBORNE & NESBITT LLP

• Looking For Rembrandts
  • April 29, 2011, Los Angeles Daily Journal
• Super Lawyers Profile
  • June 2010, Super Lawyers Magazine
• Osborne & Nesbitt: Cold-Case Detectives For The Insured
  • November 15, 2004, San Diego Daily Transcript
• Osborne & Nesbitt Get Businesses The Coverage They Are Entitled To
  • May 7, 2004, San Diego Daily Transcript