David Gerber
Clayton Utz
Partner
Sydney
David is described by clients as "an excellent insurance lawyer. He is extremely prompt, easily contactable and very considered."
– Chambers Asia-Pacific
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.
He is recognised by global legal directories: Chambers Asia-Pacific, Australia: Insurance (Band 2) and Legal 500 Asia-Pacific, Australia: Leading Individual in Insurance.
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.
Insights
Media release: Clayton Utz advises Minerva Foods Australia on its acquisition of Australian Lamb Company
21 Oct 2022 | Media Release
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Media Release: Clayton Utz advises The Market Herald Limited on $86m acquisition of Gumtree, Carsguide and Autotrader and $26m Entitlement Offer
26 Aug 2022 | Media Release
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ASIC won’t “name and shame” in new breach reporting regime (for now) and pursues more industry consultation and guidance
18 Aug 2022 | Article
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ASIC's recent action against Lanterne highlights ASIC's increasing focus on the adequacy of risk management systems
4 Aug 2022 | Article
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ASIC imposes first DDO stop orders as it focuses on DDO compliance
29 Jul 2022 | Article
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Managing cybersecurity risk – precedent ASIC enforcement action provides key learnings
26 May 2022 | Article
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Examinations under the Corporations Act to assess the merits of a class action: does your D&O insurance cover the cost?
17 Mar 2022 | Article
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NSW Government takes next steps to bring decennial liability insurance to residential apartment buildings
11 Nov 2021 | Article
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Media Release: Clayton Utz advises Empired Limited on $233 million merger with France's Capgemini
2 Nov 2021 | Media Release
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ASIC's new regulatory guidance on breach reporting for AFS and credit licensees commences 1 October
10 Sep 2021 | Article
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Webinar: Discretionary Risk Protection: An alternative to D&O insurance?
13 May 2021 | Article
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UK decision on COVID-19 business interruption insurance could suggest success for Australian insureds
18 Feb 2021 | Article
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Media Release: Clayton Utz sees new Virgin Australia take flight with completion of sale to Bain
20 Nov 2020 | Media Release
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COVID-19 claims under business interruption insurance – NSW Court of Appeal gives go-ahead in test case
19 Nov 2020 | Article
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Media Release: Clayton Utz advises Tattarang on its purchase of R.M. Williams
19 Oct 2020 | Media Release
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ASIC proceeding against AFS licensee for cyber and data security breaches may impact all licensees
24 Aug 2020 | Article
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Financial Services Royal Commission - Exposure draft legislation briefing note
6 Feb 2020 | Document
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Consultants beware – you might be liable for combustible cladding following the Lacrosse Tower judgment
5 Mar 2019 | Article
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Mandatory data breach notification starts today ‒ are you ready?
22 Feb 2018 | Article
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