David Gerber

Clayton Utz
Partner Sydney

David is described by clients as a "very sensible and switched-on" practitioner who is "well known and respected" in the market.

– Chambers

Overview

David has over 25 years' legal experience, with specialist expertise in insurance, reinsurance and financial services law. He is a leading lawyer in his field, and widely regarded as a strategic adviser.

His practice covers both corporate insurance issues and resolving disputes, and advice on insurance and financial services law and regulation, prudential regulatory compliance and regulatory investigations. David advises on policy interpretation, insurance claims and coverage disputes, indemnity and contractual risk issues, directors' duties and governance, and the insurance aspects of major projects, M&A and other commercial transactions.

Notable Work
  • Corporate insurance: advising on all types of insurance held by ASX listed companies and large corporates including public and product liability, professional indemnity, D&O, cyber, property / Industrial Special Risks, contract works and construction liability, crime, marine transit, warranty & indemnity and other transactions risk insurance solutions.
  • Insurance claims and litigation: acting for corporate clients in contentious insurance claims and litigation.
  • Deeds of indemnity and directors' and officers' liability (D&O) insurance: advising on the liabilities of directors and officers; drafting Deeds of Indemnity, Access and Insurance; and advising on D&O insurance policies.
  • Cyber risk management and insurance: advising on the management of cyber risks, data breaches, mandatory breach reporting and cyber insurance solutions.
  • Transactions: acting in the sales of businesses and portfolios in the general and life insurance industries, corporate restructuring, strategic partnerships and cross border acquisitions.
  • Construction and major projects: drafting and negotiating insurance clauses, reviewing insurance programs and advising on tenderer compliance with insurance requirements in major projects (including infrastructure and procurement).
  • Agency and services arrangements: negotiating and drafting a range of contracts such as product distribution agreements, claims handling agreements, third party administration agreements, underwriting agency agreements and broking services agreements.
  • Reinsurance, captives and alternative risk transfer: advising on reinsurance agreements (facultative and treaty reinsurance), collateralised reinsurance solutions, captive insurance, discretionary mutuals, insurance linked securities and catastrophe bonds.
  • Insurance legislation and prudential regulation: advising local and international life and general insurers and reinsurers on licensing, legislative and regulatory matters, including:
    • the Insurance Act, the Life Insurance Act, the Insurance Contracts Act and the Marine Insurance Act;
    • regulation by the Australian Prudential Regulation Authority, including requirements under Prudential Standards, capital adequacy requirements, governance and risk management; and
    • applications under the Financial Sector (Shareholdings) Act and Insurance Acquisitions and Takeovers Act.
  • Financial services regulation: advising on regulation by the Australian Securities and Investments Commission including licensing and Australian Financial Services Licence requirements, breach reporting, design and distribution obligations and unfair contract terms law; as well as acting for clients in responding to ASIC investigations and designing and implementing remediation programs.
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