Tyler Gerking has a commercial litigation practice focused on recovering money for individual and corporate policyholders under all types of insurance policies, including commercial general liability, directors' and officers' liability, professional errors and omissions liability, employment practices liability and first-party property policies.
Mr. Gerking has successfully litigated insurance coverage and bad faith claims to recover what is due to his clients.
He has extensively litigated issues relating to insurers’ duty to defend and bad faith. 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 also won a bench trial in California state court against a directors’ and officers’ liability insurer that it breached its duty to defend a securities class action lawsuit, a result he successfully defended in the California Court of Appeal.
He has recovered cyber-liability and data security breach losses under technology errors and omissions policies for technology clients.
He has pursued and obtained directors' and officers' liability insurance recoveries, including on behalf of several clients in connection with stock option backdating litigation.
He has advised clients, including a nationwide retailer, on insurance and insolvency issues arising out of the potential insolvency of Kemper Insurance Companies.
While his practice primarily involves insurance coverage issues, Mr. Gerking has also litigated bankruptcy, contract, commercial real estate, and intellectual property disputes. His clients have included Seagate Technology, Prosper Marketplace, Inc., McAfee, Inc., Electronic Arts Inc., McKesson Corp., Novartis Vaccines & Diagnostics, Central Garden & Pet Co., Centillium Communications, Inc., as well as the shareholder derivative plaintiffs in the Broadcom Corp. stock options backdating litigation.
Mr. Gerking is recognized by Chambers USA (2014-2015) as an “up and coming” attorney in California in the Insurance Policyholder practice area. He also has been recognized among the Northern California Super Lawyers - Rising Stars (2010–2015). Mr. Gerking 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.