Tyler C. Gerking

Partner
  • 415.954.4968
  • |
Tyler Gerking represents corporate policyholders in complex, high-stakes insurance matters. He helps clients negotiate favorable policy terms that match their unique risk profiles, shepherds clients through the claim process and pursues breach of contract and bad faith claims against insurance companies. He is chair of Farella's Insurance Recovery Group and co-chair of its Privacy & Cybersecurity Group.

 

Mr. Gerking proactively maximizes the value of his clients’ insurance assets with approaches tailored to their needs and goals.  He reviews and negotiates insurance policy terms, particularly in the cyber insurance, technology errors & omissions (Tech E&O) and directors & officers liability (D&O) areas, to ensure his clients buy policies that fit their unique risks as closely as possible before claims arise.

 

Mr. Gerking also seeks to maximize insurance recovery in a variety of claim settings.  He pursues cyber, Tech E&O and CGL insurance for data security breaches, product liability litigation, privacy litigation, and intellectual property and other product development disputes; D&O insurance for investigations and litigation involving securities law violation allegations, as well as trade secret misappropriation and investor disputes for private and public companies and venture capital funds; employment practices liability (EPL) insurance for employment-related disputes; and coverage for first-party losses under property and crime insurance policies. 

 

Mr. Gerking is well versed in insurers’ defense obligations and assists clients in resolving defense cost issues with their insurance companies.  He has extensively litigated issues relating to insurers’ duty to defend and bad faith.  

 

  • He won a bench trial in California state court against a D&O insurer that breached its duty to defend a securities class action lawsuit and successfully defended the result in the California Court of Appeal.
  • He won summary judgment in U.S. District Court for a technology company against its insurer for breach of the duty to defend, also establishing that the breach prevented the insurer from compelling arbitration of a billing rate dispute under Cal. Civ. Code section 2860.  
  • He has often persuaded courts to stay insurer-initiated declaratory relief actions while the underlying lawsuits proceed, protecting his clients from having to fight “two-front wars.”

Mr. Gerking is recognized by Chambers USA as an “up and coming” attorney in California in the Insurance Policyholder practice area (2014-2016).  He also has been recognized among  Super Lawyers' Northern California Rising Stars and Super Lawyers (2010–2016).

He was a judicial extern for Magistrate Judge Maria-Elena James of the U.S. District Court for the Northern District of California in San Francisco. 

 

Affiliations

  • Board Member, Law Center to Prevent Gun Violence (2015-present)
  • Board of Directors, Boalt Hall Alumni Association (2011–present)
  • Chair, Boalt Hall Partners in Leadership Campaign (2011–2012, 2014-2015, 2015-2016)
  • Barrister, Edward J. McFetridge American Inn of Court (2011–present)
  • Financial Crisis Hot Topic Website Editor, Insurance Coverage Litigation Section of the ABA (2008–2012)
  • Secretary, Board of Directors, Leap: Arts in Education (2010 – 2012)