David Gerber

Clayton Utz Partner , Sydney Work T +61 2 9353 4600 cell [email protected] https://www.claytonutz.com

David uses his deep understanding of commercial issues and insurance and financial services law to help clients respond to past, present and emerging risks.

David draws on his breadth of experience in both private legal practice and in-house roles to advise on insurance and financial services law and regulation, prudential regulatory compliance and regulatory investigations. He advises on directors' duties and governance, product development and distribution, captives, reinsurance, the insurance aspects of large commercial transactions, policy interpretation, insurance claims, and risk issues including cyber risk. His expertise extends to a range of areas of financial services law, including design and distribution obligations (DDO), unfair contract terms (UCT) and Australian financial services licensing matters.

David's almost 25 years' corporate and dispute resolution experience sees him resolving disputes, including insurance coverage disputes and general commercial issues, and advising on transactions and agreements for a wide range of clients, including ASX listed companies, multinational corporations, Commonwealth and State Government agencies and regulators, major banks and financial institutions.

recognition

Chambers: David Gerber is praised for his approach to matters, with a client commenting: "What I appreciate is that he's very thoughtful and he's a good thinker. He doesn't rush to a comment or a view, he's very well considered." He operates in both the front and back ends, assisting clients with coverage disputes and policy interpretation as well as in regard to regulatory issues. (2019)
Chambers Asia-Pacific: ranked in Insurance (2019-2023)
The Legal 500 Asia-Pacific: recognised as a Leading Individual for Insurance (2016-2023)
Australasian Lawyer and Insurance Business Australia: one of only 21 lawyers named as an inaugural 5-Star Insurance Law awardee (2021)
Best Lawyers Australia: voted by peers as one of Australia's Best Lawyers in Insurance Law (2014-2024)
Doyles Guide of Leading Lawyers: recommended for Professional Indemnity in Sydney (2015)
Expert Guides' LMG: named as a Rising Star for Insurance and Reinsurance (2015-2016)
Expert Guides Guide to the World's Leading Insurance and Reinsurance Lawyers: named a "Rising Star" for Insurance and Reinsurance (2014)

qualifications

Bachelor of Arts, University of Natal, South Africa (1994)
Bachelor of Laws, University of Natal, South Africa (1996)

admitted to practice

New South Wales (2008)
Advocate of the High Court of South Africa (2005)
Attorney of the High Court of South Africa (1999)

David has previously been admitted as an Attorney in South Africa and an Advocate (Barrister), and practised as a member of the Johannesburg Bar.

affiliations

Australian Insurance Law Association (AILA) – David is a past member of the New South Wales committee

more details

David contributes annually the Chapter on Australia for The Insurance and Reinsurance Law Review, an international publication edited by Peter Rogan and published by Law Business Research Ltd.

Expertise

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Insurance and Risk

David's corporate insurance practice includes advice on policy interpretation, insurance claims, risk management, broker and claims service agreements, indemnity and contractual risk issues, product design and distribution, global insurance programs and captive insurance arrangements. He regularly advises on the insurance aspects of M&A, IPO and other commercial transactions. He is a specialist in directors' and officers' liability (D&O) and warranty and indemnity (W&I) insurance products, and advises various corporate insureds on claims, indemnity and related issues under a broad range of policies including liability, property (ISR), professional indemnity (PI) and D&O policies.

He regularly advises on the insurance and risk issues on major projects including significant construction and infrastructure developments, as well as large government tenders and procurement projects.

David has advised on corporate transactions for insurance clients such as share sales and acquisitions, corporate restructuring, portfolio transfers, reinsurance and insurance-linked securities transactions. He has considerable experience advising on the prudential requirements for operations of Australian general and life insurers, and negotiating agency agreements and outsourcing arrangements.

See Insurance and Risk

Financial Services Regulatory

David's financial services practice covers insurance and financial services law and regulation, prudential regulatory compliance and regulatory investigations. He helps general and life insurance and reinsurance companies, banks, brokers, underwriting agencies, distributors and large corporates engaged in the insurance sector.

His expertise extends to a range of areas of financial services law, including design and distribution obligations (DDO), unfair contract terms (UCT) and Australian financial services licensing matters.

See Financial Services Regulatory

Litigation and Dispute Resolution

David is an experienced litigation and dispute resolution practitioner. He acts in insurance coverage disputes, broker negligence claims and other commercial litigation.

See Litigation and Dispute Resolution

Investigations and Crisis Management

He also acts for the insurance and reinsurance industry in regulatory engagement and investigations, and has a breadth of experience advising local and international clients on Australian general and life insurance legislation and regulation as well as financial services law applying to the insurance industry.

See Investigations and Crisis Management

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 on this topic. He has advised major clients regarding the cyber insurance policy wording and risk management practices.

See Cyber Security

Knowledge

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