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 (2014-2021)
  • The Best Lawyers in America in the area of Insurance Law (2018-2022)
  • Benchmark Litigation as a Future Star (2018-2019)
  • Super Lawyers' Northern California Rising Stars and Super Lawyers (2010–2021)

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

News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

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News

Calif. Wineries Prep for Coverage Fight for Wildfire Smoke

Tyler Gerking spoke to Law360 for the article "Calif. Wineries Prep for Coverage Fight for Wildfire Smoke."  An insurance recovery partner, Tyler said he has heard from many wineries and vineyards that have voiced concerns...

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Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

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Publication

Mitigating the Uncertainty of Smoke Taint in Wine Grapes

Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be...

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Publication

Crime Insurance for Social Engineering Thefts: The Ninth Circuit Finally Joins the Party

Corporate policyholders often assume their computer fraud crime insurance will cover so-called social engineering thefts. Reasonably so. Fraudsters commit these crimes by using computers to trick innocent employees into transferring corporate funds to what they...

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Publication

The War Exclusion in a Time of War

The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...

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