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. His corporate insurance recovery practice focuses on cyber insurance, technology errors & omissions liability (Tech E&O), directors’ and officers’ liability (D&O), commercial general liability (CGL), employment practices liability (EPL) and first-party property policies. He is chair of Farella's Insurance Recovery Group.
Mr. Gerking proactively maximizes the value of his clients’ insurance assets with approaches tailored to their needs and goals.
He pursues cyber, Tech E&O and CGL claims arising out of data security breaches, product liability litigation, privacy litigation, and software and other product development disputes.
He pursues D&O claims arising out of 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.
He is well versed in insurers’ defense obligations and assists clients in resolving defense cost issues with their defense counsel and insurance companies.
Mr. Gerking 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 it 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.