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Overview
P. Betty Su is Senior Counsel at Freeman Mathis & Gary, LLP and is located in the Walnut Creek office. She is a member of the Commercial Litigation/Directors & Officers, Data Security, Privacy & Technology and Insurance Coverage & Extra-Contractual Liability practice sections. Ms. Su is an experienced insurance coverage litigator and counselor. Her practice focuses on representing insurers in complex, high-exposure coverage disputes. She also counsels insurers in non-litigation and pre-litigation coverage matters involving first- and third-party claims under primary and excess commercial policies, with an emphasis on third-party matters.
Ms. Su analyzes claims in a wide range of contexts including intellectual property, data security breaches, sexual misconduct, discrimination, municipal liability, personal injury, fraud, employment, environmental contamination and construction defect claims. She approaches her cases as puzzles, solving them through attention to detail, analytical ability, curiosity, creativity and a deep understanding of the client’s business goals.
Immediately before joining FMG, Ms. Su was a Content Attorney at Continuing Education of the Bar (CEB), where she edited and extensively revised California Liability Insurance Practice: Claims & Litigation for its 2021 update. She also edited the 2021 update of California Expert Witness Guide. Her other publications include articles on insurance, business, data privacy and litigation topics.
Bar Admissions
California
Publications & Engagements
California Business Litigation, Chapter 12 on Bad Faith Insurance Claims
FMG 2023 Insurance Coverage Annual Report
Practice Guide, “California Liability Insurance Practice: Claims & Litigation” (CEB 2021 Update), Content Attorney
Practice Guide, “California Expert Witness Guide” (CEB 2021 Update), Content Attorney
“Litigation Toolkit: Statements of (Judicial) Disqualification, According to North American Title Company v. Superior Court” (CEB Daily News, Jun. 5, 2023)
“ ‘The Longest List of Unconscionable Features’ ” (CEB Daily News, Mar. 13, 2023)
“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)
“SPAC-tacular Pitfalls to Avoid” (CEB Daily News, Jan. 5, 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)
“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)
“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.
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)
