image of David GerberDavid Gerber

Clayton Utz Partner , Sydney T +61 2 9353 4600

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

As a leading insurance and reinsurance lawyer and strategic adviser to companies and their directors and officers, David draws on his breadth of experience in both private legal practice and in-house roles, including at senior management level, to advise on insurance law and regulation, prudential regulatory compliance and regulatory investigations, and craft pragmatic, commercial solutions informed both by his specialist insurance knowledge and strong background in litigation.

David's more than 20 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.

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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.

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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.

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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.

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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 on this topic.

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