Daniel W. Gerber

Listed in Business First's 2006, 2007 and 2008 Who's Who in Law, named to New York Super Lawyers 2007 and 2008, and AV rated by Martindale Hubbell, Daniel W Gerber is a partner of the firm and maintains a national practice in commercial litigation with a focus on complex insurance coverage disputes and analysis. He chairs Goldberg Segalla's Life, Health, Disability and ERISA practice group. Mr. Gerber 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.

Mr. Gerber 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. Mr. Gerber 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.  Mr. Gerber is the chair of the almost 4,000 member TICL Section.  In addition, he 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.  He is the current Membership Chair for DRI's Life, Health and Disability Committee.

Additionally, Mr. Gerber recently 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. His recent 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. Mr. Gerber 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. 

Direct Dial
716.566.5425
Fax
716.566.5401
E-mail
dgerber@goldbergsegalla.com
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Practice Areas

Education

• St. Bonaventure University, B.A., magna cum laude, 1992
• State University of New York at Buffalo, School of Law, J.D., 1995

Admitted to Practice

• New York - All Courts
• Pennsylvania
• United States District Court, Western District of New York
• United States Supreme Court
• United States Court of Appeals for the Second Circuit

Professional Affiliations

• Defense Research Institute
• Life, Health and Disability Litigation Committee
• Chair, Membership/Annual Meeting 
• Immediate Past Chair, Expert Witness Subcommittee
• Former New York State Liaison to DRI Insurance Law Committee
• American Bar Association
• Commercial and Federal Litigation Section 
• Life, Heath and Disability Committee 
• Tort Trial and Insurance Practice Committee
• International Association of Defense Counsel 
• International Claims Association
• Member, Law Committee
• Member, Life Committee 
• The Association of Life Insurance Counsel 
• New York State Bar Association
• Chair, NYSBA's Torts Insurance and Compensation Law Section
• Immediate 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. 
• Erie County Bar Association
• Buffalo Claims Association
• Insurance Club of Buffalo

• 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
• Co-Author, A Right or a Privilege: Recouping Uncovered Settlement Funds, DRI, The Voice, October, 2008
• Presenter, Avoiding Undue Exposure on Arbitration Clauses, Blueprint for Successful U.S. Claim Resolution Seminar, Bermuda, August, 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, D&O Fraud and Dishonesty Exclusion: How Broad Should It Be?, For the Defense, Defense Research Institute, May, 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, LexisNexis Insurance Legal News Podcast, Insurance Coverage Issues related to Sub-prime lending, November 30, 2007

                                               Listen to the Podcast Here:  

• Co-Author, Reforms to Notice of Claim Will Affect Policyholders and Insurers Alike, Buffalo Law Journal, October 25, 2007
• Co-Author, Chapter - Labor Law and Construction, Insurance Coverage and Indemnity Unveiled, Construction Site Personal Injury Litigation, New York State Bar Association (2006 Edition) 
• 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, Arbitrary and Capricious Judicial Review:  Heightened or Lowered Standard of Late? DRI Life, Health and Disability News, Fall, 2005
• Co-Author, Arbitrary and Capricious Judicial Review:  Heightened or Lowered Standard of Late, Life and Disability News, Fall, 2005
• Author, Who Pays?  Insurance Coverage for Mold Claims, Torts, Insurance and Compensation Law Journal, 2005
• 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
• 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
• Statewide Overall Planning Chairperson, Personal Insurance Lines Seminar, New York State Bar Association, 2003
• 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
• Author, Home Alone: A Mortgagee's Responsibility, DRI Covered Events, Summer, 2002
• Statewide Coordinating Editor, Protecting the Privilege Project, Defense Research Institute, 2002
• Program Chair, Insurance Litigation in New York, Lorman Business Institute, 2002
• Lecturer, September 11th Insurance Coverage Issues, Buffalo Claims Association, 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
• 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
• Co-Chair, Evidentiary Issues in New York, National Business Institute, 1998

• Named to Super Lawyers, Corporate Counsel Edition, 2009
• Named to New York Super Lawyers 2007, 2008 
• Named to Business First's 2006, 2007, 2008 Who's Who in Law
• Recipient of 40 Under 40 Award 2005 through 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

• 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