Daniel W. Gerber: Lawyer with Goldberg Segalla LLP

Daniel W. Gerber

Partner
Buffalo,  NY  U.S.A.
Phone716.566.5425

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Global Insurance Services
  • Cyber Risk and Social Media
  • Insurance Regulatory
  • Professional Liability
 
Contact InfoTelephone: 716.566.5425
Fax: 716.566.5401
http://www.goldbergsegalla.com/attorneys/daniel-w-gerber
 
University St. Bonaventure University, B.A., magna cum laude, 1992
 
Law SchoolState University of New York at Buffalo Law School, J.D., 1995
 
Admitted1996, 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
 
Memberships 

Professional Affiliations
•Defense Research Institute
•Life, Health and Disability Litigation Committee: Chair; Vice Chair, 2010-2012; 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

 
BornBuffalo, New York, 1970
 
Biography

Daniel Gerber co-chairs Goldberg Segalla's Global Insurance Services Practice Group across the firm's 12 offices in New York, Illinois, 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 Chair of the Defense Research Institute (DRI) Life, Health, and Disability Committee, is Chair of DRI's 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 past Chair of DRI's Insurance Roundtable. Dan is the immediate past Chair of the Insurance and Reinsurance Committee of the International Association of Defense Counsel (IADC). In addition, Dan is the former Chair of the 3,500-member Torts, Insurance, and Compensation Law Section of the New York State Bar Association (NYSBA), 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. Dan is the 2012 recipient of USLAW's O'Hagan Award, an award given by the President of USLAW to a member who has shown dedication and support to the USLAW Network. 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
•Martindale-Hubbell Peer Review Rating: AV Preeminent
•USA Insurance and Reinsurance Lawyer of the Year, Lawyer Monthly, 2014
•Top Rated Lawyer in Litigation, American Lawyer Media and Martindale-Hubbell, 2014
•Top Rated Lawyer in Insurance Law, American Lawyer Media and Martindale-Hubbell, 2013
•Firm ranked sixth by Reinsurance Magazine on its Reinsurance Power List, 2010
•USLAW Network O'Hagan Award, 2012
•ARIAS-U.S.-Certified Arbitrator
•LexisNexis Insurance Law Center Advisory Board, 2010-present
•DRI's Albert H. Parnell Outstanding Program Chair Award, 2010
Super Lawyers, Corporate Counsel Edition, 2010, 2011
•Upstate New York Super Lawyers (Insurance Coverage)
Business First's Who's Who in Law, 2007-2012 (Insurance)
The International Who's Who of Insurance & Reinsurance Lawyers
Expert Guides: Insurance and Reinsurance

•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

Publications/Presentations
•Featured in “Leader Spotlight,” DRI, The Voice, June 11, 2014
• Presenter, “Solvency and Run-Off Issues,” Meeting of Reinsurance Officials (MORO), Miami, FL, June 9-11, 2014
• Co-Author, “Superstorms, Vanishing Deductibles, and Floods That Are Not Floods: How Climate Is Changing the Legal Landscape of Insurance Coverage,” USLAW Magazine, Spring/Summer 2014
•Co-Author, “The Rise and Implications of the Chinese Insurance Industry,” LexisNexis Insurance Law Newsroom, December 30, 2013
•Co-Author, “Claims Against Reinsurers Are on the Rise,” Global Reinsurance 2013 Full-Year Review, December 2013
•Co-Author, Duties of Reinsurers, “General Principles and Introductory Matters of Reinsurance Law,” and “Life Insurance Claims Adjusting and Fraud” chapters, New Appleman on Insurance Law Library Edition, LexisNexis, 2013
• Quoted in “A Paradigm Shift,” Intelligent Insurer Monte Carlo Edition, September 2013
•Quoted in “What Genetic Testing Means for Life Insurers,” LifeHealthPro, August 30, 2013
•Quoted in “New EU Laws to Heighten Cyber Risk Exposure,” Reactions, August 21, 2013
•Quoted in “To Tweet Or Not To Tweet? 5 Tips For Doing It Right,” Law360, August 14, 2013
•Quoted in “Legal Focus: Insurers Drowning in Regulation,” Reactions, May 2013

• Co-Author, “Promulgation and Enforcement: Navigating a Complex 21st Century Insurance Regulatory Environment,” Insurance Coverage and Claims Institute, April 12, 2013
• Quoted in “Worker-Caused Injuries Must Be Covered: Calif. Appeals Court,” Law360, March 1, 2013
• Presenter, “A Global Perspective on Today's Insurance Challenges: Capitalization, Solvency Issues and Available Restructuring Tools,” KPMG Academy, Nicosia, Cyprus, February 2013
•Presenter, “A Global Perspective on Today's Insurance Challenges: Solvency, Capitalization, and Available Restructuring and Exit Tools,” Association of Hellenic Insurers, Athens, Greece, December 13, 2012
•Quoted in “Hurricane Sandy: Business Interruption Claims Looming,” Credit Union Times, November 1, 2012
•Quoted in “A Looming Concern After Sandy: Big Business Interruption Losses,” Property Casualty 360, October 31, 2012
•Quoted in “How to Get Fast Insurance Settlements for Hurricane Sandy,” CFO Magazine, October 31, 2012
•Quoted in “Hurricane Sandy: Expect Significant BI Losses, Says Goldberg Segalla,” Intelligent Insurer, October 31, 2012
•Quoted in “Sandy Still Expected to Be a Primary Event,” Insurance Insider, October 31, 2012
•Quoted in “The Hurricane Sandy Business Interruption Conundrum,” Artemis Bermuda, October 31, 2012
•Quoted in “Hurricane Sandy Losses May Be Triple Those of Irene,” Reuters, October 30, 2012; this article was also published in The Huffington Post , the London Globe & Mail , and the Chicago Tribune
•Quoted in “Mexico Gets Set for Solvency II,” Life Insurance International, October 2012
•Co-Author, “Three (Or Is It Four?) Teams on This Legal Gridiron,” DRI Today, August 29, 2012
•Co-Presenter, Dealing with a Department of Insurance, ICA Annual Conference, Orlando, Fla., September 30 - October 2, 2012
• Co-Author, “Insurers Preparing Cyber Risk Are Not Prepared for Their Hurricane Katrina Moment,” Reinsurance Asia, September 2012
• Co-Author, “Emergence of Travel Disruption Insurance Addresses Supply Chain Concern,” Insurance Day, September 26, 2012
•Quoted in “Man-Made Risks Present Unique Challenges,” Intelligent Insurer - Monte Carlo Today, September 12, 2012
•Author, “Social Media Poses Dilemma for Professionals,” Buffalo Law Journal, February 20, 2012
•Co-Author, “ Keys to Successfully Using Experts in Insurance Coverage Litigation,” International Association of Defense Counsel Insurance and Reinsurance Committee Newsletter, January 2012
•Co-Author, “Calling on Corporate Counsel: Follow Data Into the Breach,” Law Technology News, December 2011
•Author, Certain Underwriters at Lloyds v. Great Socialist People's Libyan Arab Jamahiriya, Aviation Briefs, November 2011
•Quoted in “Irene to Cause Disputes, Says Goldberg Segalla,” Insurance Insider, October 10, 2011
•Author, “Reinsurers Awarded Judgment Against Syria for 1985 Hijacking of EgyptAir Flight 648,” Aviation Briefs (Aviation Law Association of Australia and New Zealand), Vol. 58, Fall 2011
•Co-Author, “Potential Causation and Damage Issues in Hurricane Irene Insurance Claims,” Westlaw Journal: Insurance Coverage, September 30, 2011
•Panelist, Inside FAC Roundtable, Monte Carlo Rendez-Vous, September 2011
•Author, The Legacy of 9/11, The Review (Monte Carlo Rendez-Vous special edition), September 11, 2011
•Quoted in Contract Certainty: A Legacy of 9/11, Reactions (Monte Carlo Rendez-Vous special edition), September 12, 2011
•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

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

Publications
• Clive O Connell Quoted in ILS Characterised by Greater Propensity for Litigation, Bermuda:Re+ILS
April 3, 2014
• The Rise and Implications of the Chinese Insurance Industry, LexisNexis Insurance Law Newsroom
December 30, 2013
• Claims Against Reinsurers Are on the Rise, Global Reinsurance 2013 Full-Year Review
December 2013
• Intelligent Insurer Highlights Goldberg Segalla s Teamwork-Focused Approach in Monte Carlo Edition
September 2013
• Daniel W. Gerber Quoted in What Genetic Testing Means for Life Insurers, LifeHealthPro
August 30, 2013
• Tanguy Le Gouellec de Schwarz and Daniel W. Gerber Quoted in New EU Laws to Heighten Cyber Risk Exposure, Reactions
August 21, 2013
• Daniel W. Gerber Quoted on the Value of Twitter as a Resource for Attorneys, Law360
August 15, 2013
• Daniel Gerber and Clive O Connell Quoted in Legal Focus: Insurers Drowning in Regulation, Reactions
May 2013
• Daniel W. Gerber Quoted in “Worker-Caused Injuries Must Be Covered: Calif. Appeals Court,” Law360
March 1, 2013
• Business and Insurance Impacts of Hurricane Sandy: Daniel Gerber and Clive O Connell Comment in Major News Outlets
November 1, 2012

Presentations
•“Solvency and Run-Off Issues,” Meeting of Reinsurance Officials (MORO), Miami, Fl.
June 9-11, 2014
• A Global Perspective on Today s Insurance Challenges: Solvency, Capitalization, and Available Restructuring and Exit Tools, Athens, Greece
December 13, 2012
• Daniel W. Gerber and Jeffrey L. Kingsley Panelists at Inside FAC Monte Carlo Roundtable
September 2011
• Daniel W. Gerber and Jeffrey L. Kingsley Discuss Emerging Reinsurance Trends at 2011 Monte Carlo Rendez-Vous
September 2011
•Expanding Your Practice Through Social Media: Understanding the Professional Benefits and Ethical Boundaries of Social Media, DRI Law Firm Profitability Seminar

News
Cyber Risk and Social Media Practice Group Highlighted in Defending Big Data, Law Technology News
October 2012
Daniel W. Gerber Chairs 2011 DRI Insurance Roundtable
June 21-22, 2011
Goldberg Segalla Attorneys Daniel W. Gerber, Sarah J. Delaney and Paul D. McCormick Co-Author Chapter on M&A Insurance for Appleman Treatise
July 20, 2011
Goldberg Segalla Hosts Seminar on Insurance/Reinsurance Issues for the 21st Century
May 18, 2010

Blog
Professional Liability Matters
The Insurance and Reinsurance Report

Successes
Goldberg Segalla Saves Insurer From Paying Life Insurance Proceeds Twice
June 10, 2013
Appellate Win Vacates Million-Dollar SUM Arbitration Award
July 10, 2012
Goldberg Segalla Achieves Appellate Reversal in Flood-Exclusion Coverage Dispute
November 18, 2011

Achievements
Goldberg Segalla Partners Selected for Premier Global Insurance and Reinsurance Directories
November 2014
Goldberg Segalla Named Insurance Law Firm of the Year; Two Global Insurance Services Group Partners Rated Top in Their Countries
October 2014
Forty-Six Goldberg Segalla Attorneys Listed in 2014 Upstate New York Super Lawyers
August 11, 2014
Reactions Names Goldberg Segalla Law Firm of the Year
June 12, 2014
Goldberg Segalla Places Second for Intelligent Insurer Global Law Firm of the Year
September 27, 2013
Goldberg Segalla Attorneys Appointed to Prestigious DRI Positions
December 27, 2012
Sixteen Goldberg Segalla Attorneys Listed in 2012 Who s Who in Law, Buffalo Business First
September 2012
Twenty-Three Goldberg Segalla Attorneys Listed in 2012 Upstate New York Super Lawyers
August 21, 2012
Goldberg Segalla Attorneys Listed in Who's Who in Law, Buffalo Business First
September 23, 2011
Sixteen Goldberg Segalla Attorneys Listed in 2011 Upstate New York Super Lawyers
September 6, 2011
Daniel W. Gerber Appointed to Advisory Board for LexisNexis Insurance Law Center
February 7, 2011

 
ISLN912207757
 


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Office Information

Daniel W. Gerber

665 Main Street, Suite 400
BuffaloNY 14203-1425




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