Daniel W. Gerber

Daniel W. Gerber

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Listed in Business First's Who's Who in Law, selected for inclusion in New York Super Lawyers, and AV rated by Martindale-Hubbell, Daniel Gerber is a partner of the firm and maintains an international practice in commercial litigation with a focus on complex insurance coverage disputes and analysis, including reinsurance and excess insurance, as well as mediation and arbitration.  He co-chairs the firm’s Global Insurance Services Practice Group and chairs the Life, Health, Disability and ERISA Practice Group.  Dan is admitted to the United States Supreme Court, as well as all Federal and State courts in New York. He argues regularly in front of the New York Court of Appeals and U.S. Second Circuit Court of Appeals -- recently arguing the seminal case in New York on late notice in insurance law.  He has previously acted as a mediator and arbitrator of insurance disputes. 

Dan is a frequent writer and national lecturer on insurance coverage, defense and ERISA issues. He has spoken on these issues for the Defense Research Institute (DRI), New York State Bar Association (NYSBA), International Association of Defense Counsel (IADC), Monroe County Bar Association, Buffalo Claims Association, Lorman Education Services, and National Business Institute. Dan has received the Chairperson of the Year Award for his work as Chairperson of the Insurance Coverage Committee for the NYSBA's Torts, Insurance and Compensation Law Section (TICL). He is a member of that Section's Executive Committee, as well as a former member of the NYSBA's House of Delegates.  Dan is a former chair of the almost 4,000 member TICL Section.  In addition, he and has acted as the statewide chairperson of the New York Bar Association's 2003 Personal Lines Seminar, and has been an integral planner of its 2004 Commercial Lines Seminar and 2005 Personal Lines Seminar. He served as overall planning chair for the 2004 Joint Annual Meeting of Trial Lawyers and TICL Sections of the NYSBA entitled Boot Camp for the Civil Litigator: Ethics, Updates and Critical Issues.  Dan also serves on the advisory board of the LexisNexis Insurance Law Center. 

Additionally, Dan served as the New York Coordinating Editor for the Defense Research Institute's (DRI) Protecting the Privilege Project - a national treatise on discovery issues in insurance litigation. A few of his notable publications include: Who Pays? Insurance Coverage for Mold Claims, Torts, Insurance and Compensation Law Journal (Summer 2005); Labor Law and Construction: Insurance Coverage and Indemnity Unveiled, The Labor Law Handbook (NYSBA 2005); Discovery in Insurance Coverage and Bad Faith Disputes, Insurance Law Handbook (NYSBA 2005). He has also previously served as the New York Liaison to the DRI Insurance Law Committee. Dan recently received DRI's Albert H. Parnell Outstanding Program Chair Award his work as the chair of DRI's 2010 Life, Health, and Disability Seminar.

Dan is a former recipient of the Sheldon Hurwitz Award, the TICL Outstanding Young Lawyer Award. He is a retired officer from the United States Army Reserves and serves on several local charitable boards. Recently, he chaired the Southtowns YMCA 2006 Strong Kids Campaign and on January 28, 2005, he received the Citizen of the Week Award from The Citizen newspaper. 

Honors
  • DRI’s Albert H. Parnell Outstanding Program Chair Award, 2010
  • Selected for inclusion in Super Lawyers, Corporate Counsel Edition
  • Selected for inclusion in New York Super Lawyers
  • Selected for inclusion in Business First’s Who’s Who in Law
  • Recipient of 40 Under Forty Award, Business First, August, 2005
  • Citizen of the Week Award, The Citizen, January 28, 2005
  • 2004 Chairperson of the Year Award - New York State Bar Association's Torts, Insurance and Compensation Law Section for Work as Chair of the Insurance Coverage Committee
  • Former Sheldon Hurwitz Award Recipient - Outstanding Young Lawyer Award, New York State Bar Association's Torts, Insurance and Compensation Law Section
Professional Affiliations
  • Defense Research Institute
    • Life, Health and Disability Litigation Committee: Committee Vice Chair; Program Chair; Chair, Membership/Annual Meeting; Immediate Past Chair, Expert Witness Subcommittee
    • Former New York State Liaison to DRI Insurance Law Committee
    • Chair, Social Media Task Force
  • American Bar Association: Commercial and Federal Litigation Section; Life, Heath and Disability Committee; Tort Trial and Insurance Practice Committee
  • International Association of Defense Counsel: Chair, Insurance and Reinsurance Committee
  • International Claims Association: Member, Law Committee and Life Committee 
  • The Association of Life Insurance Counsel 
  • New York State Bar Association: Past Chair Insurance Coverage Committee, NYSBA's Torts Insurance and Compensation Law Section; Current Member Executive Committee, NYSBA's Torts Insurance and Compensation Law Section; Former Representative, House of Delegates
  • Western New York Defense Trial Lawyers Association
  • ARIAS U.S. 
  • Bar Association of Erie County
  • Buffalo Claims Association
  • Insurance Club of Buffalo
Admitted to Practice
  • New York
  • Pennsylvania
  • U.S. District Court for the Western District of New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
Civic Activities
  • Chair, 2004, 2005 and 2006 Strong Kids Campaigns, Southtowns YMCA
  • Chair, Southtowns YMCA Board of Management
  • Board of Advisors, H.E.L.P. Buffalo, Inc.
  • Bennett High School Law Magnet Program Mentor
  • Volunteer Lawyers Project
  • Captain (Retired), United States Army Reserves
Education
  • St. Bonaventure University, B.A., magna cum laude, 1992
  • State University of New York at Buffalo, School of Law, J.D., 1995 
Publications/Presentations
  • Featured in "WRIN.tv Monte Carlo Debrief," World Risk and Insurance News, September 2011
  • Co-Author, "Mergers and Acquisitions Insurance," Chapter 32 in New Appleman on Insurance Law Library Edition, Lexis Nexis, 2011
  • Quoted in "When Tweets Go Bad," Global Reinsurance, April 2011
  • Presenter, "Expanding Your Practice Through Social Media: Understanding the Professional Benefits and Ethical Boundaries of Social Media," DRI Law Firm Profitability Seminar, November 19, 2010
  • Quoted in "Are You Twittering or Frittering?" Property Casualty 360, February 2010
  • Co-Author,“To Tweet or not to Tweet, Understanding the Synergy Among Social Media,” December 2009
  • Quoted, "James Wrynn named New York's insurance leader," Business Insurance, August 14, 2009
  • Co-Author, "It's Not Easy: The Growing Potential for Green Claims,"For The Defense, Defense Research Institute, April 2009 
  • Panelist, "Prophylactic Measures to Reduce/Shift the Cost of Recalls" and "The Americans with Disabilities Act: Are you the Next Target of a Serial Plaintiff?," USLAW Network Spring Conference, Charleston, SC, March 2009
  • Presenter, "Current Trends and Issues Impacting the Reinsurance Industry," Hawksmere International Reinsurance Congress, Hamilton, Bermuda, October 2008
  • Presenter, "Emerging Issues in Reinsurance: Pandemic, Global Warming, and Other 'Hot' Topics," PLI Reinsurance Law Program, September 2008
  • Chair and Presenter, Law School for the Claims Professional Seminar, New York State Bar Association, Tarrytown, NY, September 2008
  • Commentary Contributor, Business Insurance Magazine, October 2008
  • Co-Author, "A Right or a Privilege: Recouping Uncovered Settlement Funds," DRI, The Voice, October 2008
  • Chair and Presenter, Law School for the Claims Professional Seminar, New York State Bar Association, Tarrytown, NY, September 2008
  • Presenter, "Avoiding Undue Exposure on Arbitration Clauses," Blueprint for Successful U.S. Claim Resolution Seminar, Bermuda, August 2008
  • Co-Author, "Mortgagee Clause Claims in the Subprime Fallout," Defense Counsel Journal, July 2008
  • Co-Author, "D&O Fraud and Dishonesty Exclusion: How Broad Should It Be?," For The Defense, Defense Research Institute, May 2008
  • Co-Author, "Going Green: The Growing Potential for Green Claims Under Architect and Engineer Professional Liability Policies," Mealey's Emerging Insurance Disputes, April 2008
  • Co-Author, "Long Awaited Decision Issued by the New York Court of Appeals Clarifies Whether All Additional Insured Coverage is Primary: BP Air Conditioning Corp. v. One Beacon Insurance Group," New York State Bar Association Torts, Insurance and Compensation Law Section Journal, Spring 2008
  • Co-Author, "Recent Activity in the No-Prejudice Debate," New York Law Journal, March 2008
  • Co-Author, "Examining the Scope of the Follow-the-Fortunes Doctrine in Settlement Allocations," Mealey's Emerging Insurance Disputes, March 2008
  • Co-Author, "Does an Self-Insured Owe a Good Faith Duty to an Excess Insurer?," Mealey's Emerging Insurance Disputes, February 2008
  • Featured Speaker, "Insurance Coverage Issues Related to Sub-Prime Lending," LexisNexis Insurance Legal News Podcast, November 2007
  • Co-Author, "Reforms to Notice of Claim Will Affect Policyholders and Insurers Alike," Buffalo Law Journal, October 2007
  • Presenter, "OCP and Wrap-Up Policies," New York State Bar Association 2006
  • Co-Author, "New York Insurance Department:  Discretionary Clauses Violate the Insurance Law," New York State Bar Association Journal, September 2006 
  • Co-Author, "New York Insurance Department Finds Discretionary Clauses Deceptive and Unfair," DRI, Life, Health and Disability News, Spring 2006   
  • Lecturer, Law School for the Claim Professional, New York State Bar Association Seminar, March 2006
  • Co-Author, "Chapter - Discovery in Insurance Coverage and Bad Faith Disputes," Insurance Law Practice, New York State Bar Association (2006 Edition)
  • Co-Author, "Chapter - Labor Law and Construction, Insurance Coverage and Indemnity Unveiled, Construction Site Personal Injury Litigation," New York State Bar Association (2006 Edition) 
  • Lecturer, "Life and Disability Coverage Issues," Personal Lines Seminar, New York State Bar Association 2005
  • Lecturer, "Professional Responsibility and Ethics in Insurance Litigation," Lorman Business Institute 2005
  • Lecturer, "Discovery in Insurance Coverage and Bad Faith Litigation," Lorman Business Institute 2005
  • Co-Author, "Arbitrary and Capricious Judicial Review:  Heightened or Lowered Standard of Late?," DRI, Life, Health and Disability News, Fall 2005
  • Author, "Who Pays?  Insurance Coverage for Mold Claims," Torts, Insurance and Compensation Law Journal, 2005
  • Guest lecturer, University of Buffalo School of Law  
  • Overall Planning Chair, 2004 Joint Annual Meeting Torts Insurance and Compensation Law Section and the Trial Lawyers Section of the New York State Bar Association, Boot Camp for the Civil Litigator, Ethics, Updates and Critical Issues
  • Program Chair, "Auto Insurance Law and Accident Litigation in New York," Lorman Business Institute, 1998, 1999, 2000, 2001, 2002, 2003, 2004
  • Lecturer, "Directors and Officers' Coverage Issues," New York State Bar Association, 2004
  • Lecturer, "First Party Insurance Issues Related to Mold Loss," New York State Bar Association, 2004
  • Lecturer, "Discovery in Insurance Litigation," New York State Bar Association, 2004
  • Lecturer, "Professional Responsibility in Insurance Litigation," New York State Bar Association, 2003, 2004
  • Lecturer, "Bad Faith Claims in New York," Lorman Business Institute, 1999, 2003, 2004
  • Lecturer, "Commercial Lines Insurance Coverage With Advanced Issues," New York State Bar Association, Buffalo, Albany, New York City, 2004
  • Lecturer, "Insurance Coverage Issues Related to Mold and Water Intrusion Claims," Lorman Business Institute, 2002, 2003
  • Lecturer, "Motor Vehicle Coverage and Claims Issues," Buffalo Claims Association, 2003
  • Statewide Overall Planning Chairperson, "Personal Insurance Lines Seminar," New York State Bar Association, 2003
  • Program Chair, "Insurance Litigation in New York," Lorman Business Institute, 2002
  • Lecturer, "September 11th Insurance Coverage Issues," Buffalo Claims Association, 2002
  • Author, "Home Alone: A Mortgagee's Responsibility," DRI Covered Events, Summer, 2002
  • Statewide Coordinating Editor, "Protecting the Privilege Project," Defense Research Institute, 2002
  • Lecturer, "Y2K Liability and Insurance Issues," ITECH Convention, 2000
  • Lecturer, "Insurable Interest," Buffalo Claims Association, 2000
  • Author, "The New Y2K Act and Y2K Insurance Coverage Implications," Journal of Insurance Coverage, Vol. 3, No. 1, Winter 2000
  • Author, "Insurable Interest: Often Overlooked and Misunderstood in Property Insurance Claims," Journal of Insurance Coverage, Vol.2, No. 4 Autumn, 1999
  • Co-Chair, "Evidentiary Issues in New York," National Business Institute, 1998
  • Author, "Lien and Subrogation Issues Under New York's No-Fault Statute," New York State No-Fault/SUM Arbitration Reporter, Vol. 23, No. 4, December, 1998
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