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Eric Bowers
Counsel
Dallas
901 Main Street
Suite 4000
Dallas TX 75202
TEL: (214) 749-4249
FAX: (214) 760-8994
{ mail } ebowers@zelle.com
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Practice Areas
Bar and Court Admissions
Education

Eric K. Bowers

Eric is a coverage litigator who has spent his career defending insurers and pursuing their subrogation interests.  His experience spans a broad range of risks, including commercial property insurance, commercial general and auto liability, homeowners, claims-made, builder’s risk, professional liability (E&O), employer’s liability, and excess and umbrella liability.  Eric achieves favorable results by leveraging factual and legal defenses early in the case, while developing the right relationships with clients, experts, opposing counsel, judges and mediators. Strategy, planning and execution are the mainstays of Eric’s practice. 

Subrogation and loss recovery are one of Eric’s favorite pursuits as a lawyer.  A chemistry major in college, Eric is adept at probing the technical nuances of a property loss with opposing experts and working with his own experts to develop the case.  He has multiple seven-figure recoveries for his insurance carrier clients and their insureds, and he has won subrogation cases at all stages: summary judgment, jury trial verdict, and on appeal.  His loss recovery experience includes an oil well blowout in the Texas panhandle, a structural collapse in Eastern Europe, and prolonged damage to a luxury residential structure built on a central Texas cliff. 

Eric is also experienced at navigating the complexities of trans-border disputes, including currency exchange issues, evidentiary competence, language complications, and cultural awareness.  He speaks and writes Spanish fluently and has represented one of the largest companies in Latin America.

Representative Matters

Insurance Coverage – First Party

Aggressively defended homeowners insurers and commercial property insurers in hundreds of cases alleging hail, wind and water damage. 

Negotiated favorable settlement for Builder’s Risk insurer on claim by fracking sand manufacturer for property damage, delay and business interruption damages arising out of industrial equipment damaged while in route from Canada.

Won full summary judgment in Utah federal court for commercial property insurer on claims for alleged hail damage to condominium complex. 

Defended commercial property insurer against improper payment claim by mortgagee arising out of initial emergency payment for Galveston apartment complex damaged by Hurricane Ike. 

Subrogation

Represented a world-leading concrete producer and its property insurer in a subrogation action against a structural engineering firm arising out of structural collapse in Latvia. 

Secured U.S. Fifth Circuit affirmation of money judgment in subrogation action against CGL carrier involving underlying settlement allocation and the applicability of defendant carrier’s continuous-and-progressive-damage exclusion and subsidence exclusion. 

Won full summary judgment for drilling contractor and its liability insurers in subrogation action against oil-and-gas well operator for contractual indemnity. 

Won jury verdict and money judgment for CGL carrier in subrogation action against subsequent insurer of mutual insured to recover settlement payment and defense costs arising out of underlying construction-defect lawsuit. 

Insurance Coverage - Liability

Won full summary judgment for CGL carrier seeking contribution from co-insurer for defense costs paid on behalf of mutual insured. 

Served as coverage counsel to commercial liability insurers in multiple cases involving construction defect and oil well blowouts, including the Deepwater Horizon.

PUBLISHED CASES

Maryland Cas. Co. v. Acceptance Indem. Ins. Co., 639 F.3d 701 (5th Cir. 2011)

DeGrate v. Executive Imprints, Inc., 261 S.W.3d 402 (Tex. App. – Tyler 2008, no pet.)

Articles & Presentations

“Texas Property Claims Update: New Rules for Nature-Related Claims and Further Clarification on the Effect of Appraisal Payments," DRI Covered Events, October 2017 (expected publication), author

"Professional Liability Risks and Coverage Issues in the Construction Industry," Thompson Coe's 14th Annual Texas Insurance Law Update, Dallas, October 16, 2015

"Contractor Settlements and The Voluntary Payments Condition," DRI Covered Events, December 2014, author

"A Survey of Professional Liability Risks and Coverage Issues in the Construction Industry,” DRI Insurance Coverage and Claims Institute, Chicago, March 27, 2015

"Texas Liability Insurance Law Overview" In-house client seminar and webinar, New York, January 10, 2013

DRI Professional Liability Coverage Compendium, Regional Editor - Southwest Region and Author - Texas section, 2012

Professional Affiliations

Noteworthy

Eric was named a Super Lawyer - Rising Star by Law & Politics published in Texas Monthly magazine every year from 2012-2016.

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