Daniel W. Gerber

Daniel W. Gerber

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Daniel Gerber co-chairs Goldberg Segalla’s Global Insurance Services Practice Group across the firm’s 11 offices in New York, Pennsylvania, New Jersey, Connecticut, and London. He maintains an international practice in complex insurance coverage and reinsurance matters, and he has previously acted as a mediator, arbitrator, and umpire of insurance and reinsurance disputes. In addition, he advises insurance and reinsurance companies on the effective use of social media platforms and mitigating the risks associated with these strategies.

Dan is the current Chair of the Insurance and Reinsurance Committee of the International Association of Defense Counsel (IADC). He also chairs the Defense Research Institute’s (DRI) Social Media Task Force and has drafted DRI’s social media guidelines and strategic plans. He previously chaired the DRI Counsel Meeting Task Force and drafted its current counsel meeting guidelines. He has served on DRI’s Annual Meeting Steering Committee and is the immediate past Chair of DRI’s Insurance Roundtable. He is currently Vice-Chair of DRI’s Life, Health and Disability Committee. In addition, Dan is the past Chair of the 3,500-member Torts, Insurance and Compensation Law Section of the New York State Bar Association, and he has served in the New York State Bar House of Delegates. He is an ARIAS U.S.-certified arbitrator and is designated on the Res Loquitor “Select List” of Life, Health and Disability Insurance attorneys. He possesses an AV rating from Martindale Hubbell and has been selected for inclusion in Super Lawyers and Business First's Who's Who in Law. He currently serves on the Advisory Board for the LexisNexis Insurance Law Center.

Dan is a frequent author and national lecturer on topics in his areas of concentration. He has authored chapters on reinsurance, discovery in insurance litigation, risk shifting, life insurance, and transactional insurance. He is an author for Appleman on Insurance (Third Edition) and New Appleman's Insurance Law Practice Guide, and he is a regular contributor to Mealey’s Emerging Insurance Disputes. He is the co-editor of the Insurance and Reinsurance Report blog, which was ranked as a Top 50 Insurance Blog by LexisNexis, and several publications, including Reinsurance Review; CaseWatch: Insurance; and Life, Health, Disability, and ERISA Quarterly. Dan tweets daily on reinsurance and insurance industry issues, and he may be found on Twitter at InsureReReport. He also is the creator, manager, and administrator of two groups on LinkedIn: Insurance and Reinsurance Arbitration and Mediations, and Bermuda Insurance Claims and Underwriting Forum.

He is admitted to the United States Supreme Court, as well as all federal and state courts in New York and Pennsylvania. He has received numerous awards and honors for his professional and community service. 

Honors
  • Led Goldberg Segalla’s efforts to achieve a ranking by Reinsurance Magazine as sixth on its Reinsurance Power List, 2010
  • ARIAS-U.S.-Certified Arbitrator
  • LexisNexis Insurance Law Center Advisory Board, 2010-present
  • DRI’s Albert H. Parnell Outstanding Program Chair Award, 2010
  • Selected for inclusion in Super Lawyers, Corporate Counsel Edition, 2010, 2011
  • Selected for inclusion in New York Super Lawyers, 2007-2011
  • Selected for inclusion in Business First’s Who’s Who in Law, 2007-2011
  • LexisNexis Top 50 Insurance Blog Recognition, 2009-2011
  • 40 Under Forty Award, Business First, August 2005
  • Citizen of the Week Award, The Citizen, January 28, 2005
  • Chairperson of the Year Award, New York State Bar Association Torts, Insurance and Compensation Law Section, for work as Chair of the Insurance Coverage Committee, 2004
  • Res Loquitor “Select List” Designation, 2007
  • Former Recipient, Sheldon Hurwitz Outstanding Young Lawyer Award, New York State Bar Association Torts, Insurance and Compensation Law Section
  • Admitted as member to Association of Life Insurance Counsel, 2005-present
  • Contributed significantly to Goldberg Segalla’s Top 20 Ranking in 2010 as a Mid-Size Hotlist firm by National Law Journal
  • Top 15 Insurance Professional Blog Recognition, Insurance Quotes, August 2011
Professional Affiliations
  • Defense Research Institute
    • Life, Health and Disability Litigation Committee: Committee Vice Chair, 2010-present; Program Chair, 2010; Chair, Membership/Annual Meeting
    • DRI Insurance Law Committee Steering Committee, 2010-present
    • Chair, DRI Social Media Task Force, 2010-present
    • Chair, DRI Counsel Meeting Task Force, 2009-2010
    • Chair, DRI Insurance Round Table, 2011
    • Annual Meeting Steering Committee, 2006-2008
    • Presenter at DRI Annual Meeting, 2007, 2009, and 2010
  • International Association of Defense Counsel: Chair, Insurance and Reinsurance Committee, 2010-present; Presenter at 2011 Mid-Year Meeting
  • International Claims Association: Member, Law Committee and Life Committee; Presenter at Annual Meetings 2007-2011
  • New York State Bar Association: Past Chair, Torts, Insurance and Compensation Law Section, 2008; Past Chair, Insurance Coverage Committee, NYSBA's Torts, Insurance and Compensation Law Section, 2004-2006; Current Member, Executive and Nominating Committees, NYSBA's Torts, Insurance and Compensation Law Section; Former Representative, House of Delegates
  • USLAW, Insurance Law Committee
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
  • Buffalo-Niagara YMCA: Board of Directors, 2008 - present; Nominating Committee, 2012
  • Southtowns YMCA Board of Management: Chair, 2006-2008; Chair, 2004, 2005, and 2006 Strong Kids Campaigns
  • Birdsong Homeowners’ Association: First Vice President
  • H.E.L.P. Buffalo, Inc. Board of Advisors
  • 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
  • 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
View Publications/Presentations