David Gerber's practical knowledge gained from working in the insurance industry gives his legal advice a true commercial edge.

David is a lawyer with 20 years' corporate and dispute resolution experience, with specialist expertise in general and life insurance and reinsurance. He has a breadth of experience in both private legal practice and in-house roles, including at senior management level. He has advised on a range of commercial law issues, in Australia and abroad.

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Expertise

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Insurance and Risk

David's clients include Commonwealth and State Government agencies, major banks and financial institutions, as well as ASX listed companies in the retail and resources sectors.

He has advised AMP, ANZ, Aon, Arrium, ATO, Barangaroo Delivery Authority, Boral, CBA, Department of Defence, Department of Finance, Department of Immigration and Border Protection, Future Fund, GrainCorp, HSBC, Jardine Lloyd Thompson, Kellogg Brown & Root, Macquarie, Marsh, Merrill Lynch, Myer, NBN Co, Origin Energy, Roads and Maritime Services, Sydney Water Corporation, Transport for New South Wales and Woolworths.

He has also advised local and international insurance and reinsurance companies such as AMP Life, Auto & General, First Title, HDI Gerling, Metlife, MLC, Mitsui Sumitomo, QBE Re (Europe) and Sompo Japan.

Corporate insurance

David is experienced in:

  • advising on indemnity, risk and insurance issues in contracting;
  • conducting D&O policy reviews and advising on directors' liability and deeds of indemnity;
  • conducting due diligence for various major clients involved in acquisitions and advising on the insurance issues arising out of the transactions, as well as warranty & indemnity insurance policies;
  • advising various corporate insureds on claims, indemnity and related issues under liability, property (ISR) and D&O policies;
  • reviewing broker and claims service agreements; and
  • advising on captive insurance arrangements and captive management agreements

Financial services

David has:

  • advised on insurance issues related to financial products such as bonds and notes;
  • advised on FSR issues related to the distribution of insurance policies; and
  • advised on risk management issues related to the insurance programs of investment managers. 

Construction and major projects

David is experienced in:

  • advising on indemnity, risk and insurance issues in various major infrastructure projects; and
  • advising on insurance clauses and conducting insurance compliance reviews.

Product development and distribution

David has:

  • acted for a large retailer in the establishment of an insurance program for the distribution of general insurance and life insurance risk products, including drafting all transaction documents and reviewing policy, PDS, FSG and marketing documents and advising on Corporations Act (FSR) issues; and
  • advised clients on insurance product development and product distribution arrangements.

Regulatory issues

David is experienced in advising local and international clients on Australian general and life insurance legislation and regulation.

Government

David is experienced in advising various government departments on insurance and liability issues related to tenders and procurement contracts.

Insurance and reinsurance industry

David has:

  • reviewed policies or product disclosure statements for general and life insurance products for AIG Australia, HDI-Gerling, AAMI, Tower, Allianz and a Lloyd's syndicate;
  • acted for a large insurer entering into a settlement and commutation arrangement;
  • acted for reinsurers in insurance linked securities transactions;
  • acted for international clients in insurance acquisitions and portfolio transfers; and
  • advised a range of international insurers on Australian insurance law and regulation.

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Litigation and Dispute Resolution

David is experienced in:

  • insurance litigation, involving property, professional indemnity, product and public liability risks;
  • commercial litigation, including company disputes with directors and shareholders;
  • insurance coverage disputes, including under general liability, professional indemnity, property and lenders mortgage insurance policies; and
    acting for various clients in relation to regulatory investigations.

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Investigations and Crisis Management

David is experienced in acting for various clients in relation to regulatory investigations.

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Cyber Security

David has the expertise to help clients to manage cyber risks through insurance. David has been steeped in the issues around the risk management of cyber risks and has written and presented extensively on this topic. 

See Cyber Security

Knowledge

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