Biography

Tyler Gerking helps policyholders maximize their insurance assets. He works with them and their insurance brokers in negotiating favorable terms to address their unique risks. He also pursues insurance claims, shepherding policyholders through the claim process, and if necessary, pursuing breach of contract and bad faith claims against insurers in litigation and arbitration settings.  He works frequently with cyber, errors & omissions liability (E&O), directors & officers liability (D&O), general liability (CGL), employment practices liability (EPL), crime and property insurance.

  • He won an arbitration before a three-arbitrator panel, preventing an insurer from recovering a settlement payment it made under a CGL policy.
  • He obtained a favorable recovery after settling litigation pending in California state and federal courts, the federal courts in Washington D.C. and London under a tower of professional malpractice insurance policies.
  • 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 then 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, establishing that the breach prevented the insurer from compelling arbitration of a billing rate dispute under Cal. Civ. Code section 2860.
  • He has persuaded courts to stay insurer-initiated declaratory relief actions while the underlying lawsuits proceed, protecting his clients from having to fight “two-front wars.”

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. 

Distinctions

  • Chambers USA in California in the Insurance Policyholder (2014-2018)
  • The Best Lawyers in America in the area of Insurance Law (2018-2019)
  • Benchmark Litigation as a Future Star (2018-2019)
  • Super Lawyers' Northern California Rising Stars and Super Lawyers (2010–2018)

Memberships and Affiliations

  • Fellow, American College of Coverage Counsel
  • Co-Chair of the Bad Faith Subcommittee of the ABA’s Insurance Coverage Litigation Committee
  • Board Member, Law Center to Prevent Gun Violence (2015-present)
  • Board of Directors, Boalt Hall Alumni Association (2011–present)
  • Co-Chair, Berkeley Law Partners in Leadership Campaign (2011–2012, 2014-2015, 2015-present)
  • Member, 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)

Firm Highlights

Publication

Are You Covered for California’s New IoT Laws?

In November, Tyler wrote about  insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s governor...

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Publication

Negligent Hiring and Supervision Can Be an 'Accident'

The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction . [1] The court rephrased the question presented to it as: “When a third party...

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News

Tyler Gerking Elected Fellow of the American College of Coverage Counsel

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Publication

Florida Court Finds No CGL Coverage for Data Breach Claim

A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL)...

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Publication

Keeping Up With the Risks and Protections of Cyber Insurance

An obscure niche product less than a decade ago, cyber insurance is now a staple of many companies’ risk transfer programs. Its rise in prominence is no wonder. High-profile data breaches have caused businesses...

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Publication

Navigating the Autonomous-Vehicle Liability Waters

While experts debate how quickly autonomous vehicles (AVs) will take over our roads, there is little doubt they will be a fixture in the next decade. Fully self-driving vehicles are predicted to substantially reduce...

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