Menu Search through site content What are you looking for?
Menu

David Gische

Senior Counsel

People

David Gische

David Gische

Senior Counsel

People

David M. Gische

David M. Gische

Senior Counsel

Regions covered

Go to next section

Profile & Experience

Regions covered
Full Profile

For more than 30 years, David Gische has focused his practice on insurance coverage and coverage litigation involving D&O and professional liability policies. David’s experience for D&O liability insurers includes corporate, financial institutions, non-profits and related areas. He also represents professional liability insurers in a number of different areas, including healthcare liability, financial services, and insurance brokers and agents. In addition, David represents insurers in handling fiduciary liability claims, insurance fraud cases and claims under financial institution bonds and commercial crime policies.

During the financial institution crises, David litigated coverage issues involving D&O liability policies with various federal agencies, including the FDIC and the RTC. His coverage litigation practice involves both federal and state court trial and appellate court cases as well as arbitration of coverage disputes. In 2016, David prevailed in a hard-fought coverage dispute in the US District Court for the Southern District of Florida which was upheld on appeal before the US Court of Appeals for the Eleventh Circuit. Because the insureds in that case had declined a reasonable offer of judgment, David was able to recover USD 1 million in attorneys' fees for the insurer. In September 2018, David won a coverage case in the US Court of Appeals for the Tenth Circuit by convincing the Court that the underlying lawsuit in that case related to an earlier SEC investigation that was filed prior to the policy inception date.

David has been consistently recognized by Chambers USA as a leading lawyer in insurance. Chambers described David as “bright, practical and responsive,” who “has an excellent understanding of coverage issues, and is pragmatic in terms of offering business-savvy solutions.” He was also described as “a wonderful legal negotiator” and an “outstanding litigator.”

Admissions

  • District of Columbia
  • US District Court for the District of Columbia
  • US District Court for the District of Maryland
  • US Courts of Appeals for the Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits
  • US Court of Appeals for the District of Columbia Circuit
  • District of Columbia Court of Appeals
  • Supreme Court of the United States

Education

  • J.D., Yale University, 1978
  • M.A., Stanford University, 1974
  • A.B., magna cum laude, Harvard University, 1971
Experience
  • Maplewood Partners LP v. Indian Harbor Insurance Company, 654 F. App'x 466 (11th Cir. 2016). Served as lead trial and appellate counsel for insurer in a Florida federal court action involving a financial services professional liability policy. The district court granted summary judgment to the insurer, holding that the insured was not entitled to a "double recovery" in a breach of contract action against the insurer after having received full indemnification from a third party. On appeal to the Eleventh Circuit, the court affirmed on the alternative ground that, under Florida law, the third party's indemnification obligation took precedence and the third party was legally obligated to pay the insured's litigation costs and settlement before the insurer could be asked to pay.
  • Universal Teleservices Arizona, LLC v. Zurich American Ins. Co., 879 A.2d 230 (Pa. Super. 2005). Served as lead trial and appellate counsel in Pennsylvania state court in which court affirmed that prior and pending litigation exclusion was unambiguous and precluded coverage for lawsuit. 
  • American Casualty Co. v. FDIC, 944 F.2d 355 (8th Cir. 1991). Served as lead counsel in the first federal appellate court decision upholding the validity and enforceability of the regulatory exclusion in such policies.
  • Cerro Gordo Charity v. Fireman’s Fund American Life Ins. Co., 819 F.2d 1471 (8th Cir. 1987). Served as lead trial counsel in which jury voided accidental death policy because evidence established insured’s brother murdered insured in order to collect policy proceeds for charities controlled by him. 
  • Drafted combined risk policies for leading casualty insurers that combined directors and officers liability, employment liability, fiduciary liability, and fidelity bond coverages under one policy form.

Presentations

  • Panelist, speaking on Multi-Claimant “Batch” Litigation, PLUS Conference, November 2014

Publications

  • "D&O Insurance, An Overview: Part 2," Law360, January 2011
  • "D&O Insurance, An Overview: Part 1," Law360, January 2011
Sectors

Sectors

  • Insurance & Reinsurance