P. Betty Su

Senior Counsel

San Francisco – Walnut Creek, CA
D 925.466.2612
pbetty.su@fmglaw.com

Education

B.A., University of California, Irvine, Double Majors History and Political Science (2000)

Phi Alpha Theta, National History Honor Society

 

J.D., University of Southern California, Gould School of Law (2003)

 

Overview

P. Betty Su is Senior Counsel in Freeman Mathis & Gary's Walnut Creek office. Ms. Su is an experienced insurance coverage litigator and counselor. Her practice focuses on representing insurers in complex, large exposure coverage disputes. She also counsels insurers in non-litigation or pre-litigation coverage matters involving first- and third-party claims under primary and excess commercial policies, with an emphasis on third-party matters. She analyzes claims in a myriad of contexts, including intellectual property, data security breaches, sexual misconduct, discrimination, municipal liability, personal injury, fraud, employment, environmental contamination, and construction defect claims.

Ms. Su approaches her cases as puzzles. Solving them requires a combination of attention to detail, analytical ability, curiosity, creativity, and the ability to understand the client’s business goals.

Immediately before joining FMG, Ms. Su was a Content Attorney at Continuing Education of the Bar (CEB). There, she edited and extensively revised CEB’s insurance practice treatise, “California Liability Insurance Practice: Claims & Litigation,” for its 2021 update. She also edited CEB’s “California Expert Witness Guide” (2021 Update). Her other publications include a number of articles on insurance, business, data privacy, and litigation topics.

Bar Admissions

California

Publications & Engagements

Practice Guide, “California Liability Insurance Practice: Claims & Litigation” (CEB 2021 Update), Content Attorney

Practice Guide, “California Expert Witness Guide” (CEB 2021 Update), Content Attorney

“Consider Experts When Proving Loss and Causation Under First Party Coverage” (CEB Daily News, Jul. 17, 2023)

“Litigation Toolkit: Statements of (Judicial) Disqualification, According to North American Title Company v. Superior Court” (CEB Daily News, Jun. 5, 2023)

“Policyholders: Adhere to Your Policy’s ‘No-Voluntary-Payments’ Provision to Avoid Losing Coverage” (CEB Daily News, Apr. 25, 2023)

“ ‘The Longest List of Unconscionable Features’ ” (CEB Daily News, Mar. 13, 2023)

“Indemnitees (and Their Insurers) Must Play Their Cards Right in Litigation” (CEB Daily News, Jan. 30, 2023)

“CGL Form Policy Language Can Cover Privacy Right-of-Seclusion TCPA Violations (Robotexting)” (CEB Daily News, Dec. 19, 2022)

“Prop. 65 Coffee Regulation Upends Case Against Starbucks and Other Coffee Giants” (CEB Daily News, Nov. 7, 2022)

Moore v. Centrelake Provides Several Lessons on the Value of Privacy in UCL Pleadings” (CEB Daily News, Sept. 26, 2022)

“Striking Language in Alfaro v. Waterhouse Cautions Litigants on Use of Anti-SLAPP Motions” (CEB Daily News, Aug. 15, 2022)

“Fitting Digital Hacking Into a Trespass-to-Chattels Claim Requires Injury to Computer Systems” (CEB Daily News, Jun. 21, 2022)

“California Court Decisions Clearly Trending Against Business Interruption Coverage for COVID-19 Closure Orders” (CEB Daily News, May 9, 2022)

“ ‘Minimal or Insignificant’ Standard Applies to Attorneys’ Fees in California Public Records Act Cases (And Possibly Others)” (CEB Daily News, Mar. 29, 2022)

“Yelp Prevails in Keeping Its Review-Filtering Algorithm Under Wraps” (CEB Daily News, Feb. 14, 2022)

“SPAC-tacular Pitfalls to Avoid” (CEB Daily News, Jan. 5, 2022)

“SB 762 Tinkers with Timing in All Adhesion Contracts” (CEB Daily News, Oct. 11, 2021); re-published as a featured article in the CEB California Business Law Reporter, volume 43, number 4 (Jan. 2022)

“In California, Broadband Bills Are Streaming In” (CEB Daily News, Nov. 22, 2021)

“Information Superhighway Robbery and the Insurance to Cover It” (CEB Daily News, August 30, 2021)

“Surprising Drama of CACI 2334, Failure to Settle Within Policy Limits” (CEB Daily News, Jul. 19, 2021)

“PREP Act Immunity for Products in the Fight Against COVID-19” (CEB Daily News, Aug. 6, 2020)

“The State of U.S. Biometric Privacy Law” (CEB Daily News, Mar. 6, 2020)

“US Baseball Strikes Out on Primary Assumption of Risk Doctrine in Case Brought by Injured Spectator” (CEB Daily News, Feb. 19, 2020)

“Key Considerations for Rule 3.400 Complex Cases” (CEB Daily News, Feb. 21, 2020)

Representative Cases & Clients
  • Performed investigations for and drafted numerous coverage opinions concerning primary and/or excess policies, including claims involving complex multiple lines coverage (commercial general liability, commercial automobile, and environmental; construction wrap-up policies; and specialty manuscript policies), felony conspiracy, financial securities transactions, data security breaches, environmental contamination, discrimination, personal and advertising injury, abuse, construction defects, and fraud, among others.
  • Defended numerous California, other states (as pro hac vice) and federal coverage actions, obtaining favorable outcomes for insurer-clients in bad faith and declaratory relief actions for contribution and/or subrogation, including:
    • Obtaining summary judgment motion in a $5 million action on intervention, which was affirmed on appeal in Advent, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA (2016) 6 Cal.App.5th 443;
    • Successfully defending a contribution case by obtaining summary judgment based on the insured vs. insured exclusion.
  • Managed outside counsel in non-California domestic and international insurance coverage litigation.
  • Handled putative class action defense of a California cemetery, including defeating plaintiffs’ motion for class certification.