David N. Gambach is a partner in the Miami office of Hamilton, Miller & Birthisel, L.L.P. He is an experienced litigation attorney who began his career handling defense of architects, engineers, developers, and contractors relating to both professional neglect and personal injury matters. For the last fifteen years David has pursued a diverse practice with an emphasis on admiralty and maritime law. His work in this practice area includes cases involving fires, explosions, sinkings, collisions, allisions, salvage, crew and passenger claims, limitation actions, transportation, and cargo claims. Further, David is involved in a variety of organizations serving the marine industry. He is a member of the Marine Industries Association of South Florida, the Florida Yacht Brokers Association, and the Ft. Lauderdale Mariners Club. David took a very active role in the Club ascending to a leadership position as Skipper of the organization and later as Seminar Chair.
In addition, David’s practice also includes premises liability issues and construction related matters. He has successfully fought for and defended major hotels, marinas, and restaurants. Mr. Gambach is also highly regarded for his unique knowledge and skills in assessing and dealing with complex insurance coverage matters. Mr. Gambach has earned the AV Preeminent™ by Martindale-Hubbell®, the highest peer review rating possible.
Mr. Gambach is nearly a native of South Florida having lived and worked in the area for almost 50 years. He earned a Bachelor’s Degree in Philosophy and English from the University of Miami, a Master’s Degree in Business from Nova University, and a Juris Doctorate from the St. Thomas School of Law.
J.D., St. Thomas University School of Law
M.B.A, Nova University
B.A., University of Miami
- Florida, 1994
- United States District Court for the Southern, Middle, and Northern Districts of Florida
- United States Court of Appeals, 11th Circuit
Recognition & Memberships
- AV Preeminent™ by Martindale-Hubbell®, the highest peer review rating possible
- Fort Lauderdale Mariners Club, Annual Seminar Chair, Past President
- Marine Industries Association
- Florida Yacht Brokers Association
- Dade County Bar Association
- Broward County Bar Association
- Gambach successfully argued for summary judgment in favor of a marina in the Florida Keys facing potential liability for claims by boat broker who asserted damages in excess of $400,000 for a trip and fall related injury sustained at the marina. Following a detailed course of discovery, Mr. Gambach persuaded the court the condition at the marina was open and obvious justifying an unusual summary disposition in favor of the marina. The decision is rare in that open and obvious defenses are normally the province of a jury.
- Following favorable trial outcome, Mr. Gambach obtained recovery of the bank’s fees and costs in connection with a claim between an insurer and ship mortgage holder following the sinking of the subject vessel.
- Gambach obtained summary judgment for a slip and fall at a hotel in the Florida Keys where the claimant, a guest at the hotel, asserted back injuries requiring surgical intervention with permanent impacts despite treatment.
- Following a successful result at the trial level enforcing an appraisal provision within an insurance contract, Mr. Gambach then defeated the insured’s claim for fees and costs premised on the argument that the appraisal resulted in a payment triggering fees under the applicable statute. The decision was affirmed on appeal and has been cited in a number of cases and texts for the proposition that an insured’s failure to participate in the appraisal process precludes an award of fees in an action to determine the extent of the loss claimed.
- Obtained dismissal with prejudice of a personal injury claim presented by crewmember against chain hoist manufacturer. During the litigation, Mr. Gambach uncovered and exposed evidence regarding the use and operation of the chain hoist demonstrating the crewmember misused the hoist at the direction of his employer.
- Obtained summary judgment for insurer on a claim for losses relating to the alleged hi-jacking and theft of cargo. Mr. Gambach was able to show the insured failed to comply with conditions mandated by the insurance contract such that judgment was entered as a matter of law in favor of the insurer.
- Gambach’s unique approach to a slip and fall at a hotel in Ft. Lauderdale led to the discovery of claimant’s misrepresentations about the conditions at issue resulting in the dismissal of the action.