In the News

Erika Bright in Law360: Texas Plant's $1M Policy Leaves Blast Victims in the Lurch

The fertilizer plant that exploded in West, Texas, last month had only $1 million in liability insurance, an unusually paltry amount that will force victims to scramble to find other responsible parties who could cover some of the $100 million in expected insured losses. >>

Haynes and Boone Attorneys Widely Recognized by Texas Super Lawyers

DALLAS – Texas Super Lawyers recognized 89 Haynes and Boone, LLP attorneys in its 2012 award listings. >>

Best Lawyers in America 2013 Recognizes Haynes and Boone Lawyers

DALLAS – More than 100 lawyers from Haynes and Boone, LLP are included in The Best Lawyers in America® 2013, an annual referral guide listing outstanding attorneys throughout the U.S. >>



Recent Publications

Guest Article in Law360: How To Maximize Insurance Coverage After A 'Superstorm'

Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms. Sandy brought gale-force winds, flooding, heavy rain and snow to much of the Eastern Seaboard and the Northeast, including densely populated areas such as Washington, D.C., Baltimore, New York City and Boston. Though Sandy’s full effects will likely not be realized for months, Sandy will undoubtedly rank as one of the most costly storms (if not the most costly storm) in U.S. history. >>

Hurricane Sandy: Maximizing Insurance Coverage after a “Superstorm”

Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms. >>



Erika L. Bright

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5120
F +1 214.200.0743

Areas of Practice

Education

  • J.D., University of Oklahoma, 1997, with honors, Order of the Coif; Note Editor, University of Oklahoma Law Review
  • B.A., Letters, University of Oklahoma, 1994, with Special Distinction; Phi Beta Kappa

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
Erika L. Bright

Erika Bright is a Partner in the firm's Insurance Coverage and Business Litigation Practice Groups. 

Erika specializes in insurance coverage, construction and commercial litigation and maintains offices in both Dallas and Houston. She advises companies, directors and officers on creative and effective strategies to manage risk on the front end, including drafting indemnity agreements and obtaining appropriate insurance coverages. She also vigorously represents clients in insurance, commercial and construction disputes, arbitrations and trials when the need arises. As a trial lawyer, she obtained a multi-million dollar jury verdict after a two-week trial involving claims of fraud, negligence and deceptive trade practices and successfully defended a bank in a Galveston jury trial involving a breach of contract claim.

Erika speaks nationwide on insurance issues, such as additional insured coverage, jurisdictional strategies, property insurance, business interruption, and directors' and officers' insurance. Her writing has been published nationally, including as co-author of The ABA's Handbook on Additional Insureds, repeated guest columnist for Law 360, and contributor to Aspatore's Inside the Minds series. She serves as an Associate Editor for the Journal of Texas Insurance Law.

In her role as the firm's Hiring Partner, Erika also speaks at law schools throughout the country on hiring and interviewing.  

Selected Client Representations

  • Advised clients on risk transfer strategies such as indemnity and additional insurance coverage
  • Obtained a $7 million judgment against insurance brokers after two week trial in Harris County involving claims of fraud, negligent misrepresentation and deceptive trade practices
  • Defended complex professional malpractice claims
  • Assisted clients with risk-management strategies and litigation involving Directors and Officers (D&O), Errors and Omissions ("E&O"), Fiduciary Liability, Commercial General Liability ("CGL"), Builder's Risk, Excess, Umbrella, Employer's Liability, Environmental, Products Liability, Property, Business Interruption and Intellectual Property coverage
  • Advised clients on the insurance aspects of major commercial transactions
  • Developed special expertise in emerging coverage areas, such as additional insured coverage, "known loss," use of the unauthorized insurance statutes, coverage for construction defect litigation and products claims, application of the "business risk" exclusions, subrogation, coverage for intellectual property claims and interpretation of the policy term "occurrence"
  • Represented owners in construction delay and defect disputes with contractors and subcontractors
  • Successfully defended a bank at trial against a claim for breach of a safekeeping agreement
  • Prosecuted claims of bad faith and Texas Insurance Code violations in complex coverage litigation
  • Assisted insureds in obtaining bonds against unauthorized carriers
  • Represented clients before the Dallas, Houston and Fort Worth Courts of Appeal and the Texas Supreme Court
  • Helped policyholders defeat troublesome exclusions and find coverage in unlikely places

Recent Speeches and Articles

  • "Interviewing for 1L's," Southern Methodist University Dedman School of Law, February 2012.
  • "Restrictions in Additional Insured Endorsements and Related Issues," UT Insurance Law Institute, November 2011.
  • "New Texas Construction Anti-Indemnification Law - HB 2093," 2011.
  • "Tricks of the Trade: Venue and Jurisdiction in Coverage Cases," State Bar of Texas 8th Annual Advanced Insurance Law Course, April 14-15, 2011.
  • "Covering Income Lost Because Of Japan's Quake" Law 360 Guest Column, April 7, 2011.
  • "D&O Coverage Considerations for FCPA Claims," Law 360 Guest Column, June 8, 2010.
  • "Employment Practices Liability Coverage," ABA Section of Litigation Insurance Coverage Litigation Committee CLE Seminar, 2010.
  • "Attorney/Client Privilege Issues in Coverage Matters," University of Texas School of Law, 2010.
  • "What Every In-House Counsel Should Know About Insurance," 2009.
  • "Contractual Indemnity and Additional Insureds," State Bar of Texas, 5th Annual Advanced Insurance Law Course, 2008.
  • "Coverage Issues in Multi-Party Cases," University of Houston, 2009, 2008, 2007.
  • "Insurance for Real Estate Lawyers," 2008.
  • "How to be a Successful Summer Associate," University of Oklahoma School of Law, 2008.
  • Corporate Counsel Institute, Presiding Officer, 2008.
  • "Insurance Essentials," National Association of Women Business Owners, 2007.
  • "Construction Defect Coverage – Select Issues," American Bar Association Tort and Insurance Practice Section 2007 Mid-Year Meeting.
  • "What Every Lawyer Needs to Know about Insurance, State Bar of Texas, 2007.
  • "Key Coverages and Limitations of Builder's Risk Insurance," University of Houston, 2006.

Community Leadership and Honors

  • Board of Directors, Child Abuse Prevention Center of Dallas
  • Recognized as a Texas Super Lawyers - Insurance Coverage, Business Litigation, and Construction Litigation (2012)
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2009, 2011) 
  • Recognized as one of the Best Lawyers in America in Insurance Law (2013)

Selected Representative Experience


Kurt Torster & GEA Group v. Panda Energy Mgmt., No. 07-10-0442-CV, 2011 Tex. App. LEXIS 1628 (Tex. App.-Amarillo Mar. 7, 2011, pet. denied)
Persuaded the court of appeals to affirm the trial court's refusal to compel arbitration where none of the litigants were signatories to the contract containing the arbitration provision and plaintiffs' tort claims arose from conduct that occurred prior to the execution of the contract. Convinced the Texas Supreme Court to deny review after full briefing.

Professional Negligence - Major Texas Accounting Firm
Represented an accounting firm in defense of a malpractice suit brought by former clients.

Multi-Million Dollar Recovery - Major Texas Energy Producer
Represented a developer of power plants seeking to recover more than $200 million in damages from defendants the developer claimed committed breaches of fiduciary duty and contract, fraud and other harmful acts in connection with a partnership to develop and manage power plants.

Memberships

  • Fellow, Texas Bar Foundation
  • Dallas Bar Association (Tort and Insurance Practice Section)
  • American Bar Association (Tort Trial and Insurance Section)
  • State Bar of Texas (Insurance Law Section)
  • The College of the State Bar of Texas

 

Online Publications

11/05/2012 - Guest Article in Law360: How To Maximize Insurance Coverage After A 'Superstorm'
Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms. Sandy brought gale-force winds, flooding, heavy rain and snow to much of the Eastern Seaboard and the Northeast, including densely populated areas such as Washington, D.C., Baltimore, New York City and Boston. Though Sandy’s full effects will likely not be realized for months, Sandy will undoubtedly rank as one of the most costly storms (if not the most costly storm) in U.S. history.

10/31/2012 - Hurricane Sandy: Maximizing Insurance Coverage after a “Superstorm”
Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms.

09/01/2011 - Hurricane Irene: Maximizing Insurance Coverage
Hurricane Irene’s path along the Eastern Seaboard has affected millions of people and exposed businesses to property loss, business interruption, and supply network disruption. Those affected by Irene should think about insurance coverage for their loss.

06/27/2011 - New Texas Construction Anti-Indemnification Law ─ HB 2093
New anti-indemnity legislation will mark significant changes for the construction industry. On June 17, 2011, Texas Governor Rick Perry signed HB 2093, which makes certain indemnity provisions in construction contracts void and unenforceable if they require a person to indemnify, defend, or hold harmless another party for a claim caused by that party’s own negligence or fault.

04/14/2011 - Tricks of the Trade: Venue and Jurisdiction in Coverage Cases
Jurisdiction and venue can play a significant role in insurance coverage litigation.

04/07/2011 - Covering Income Lost Because of Japan's Quake
Japan’s catastrophic earthquake and tsunami are causing profound effects across the globe.

11/30/2010 - Insurance Coverage for Insider Trading Claims
The FBI and the SEC are in the final stages of an unprecedented three-year investigation into insider trading by consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts. Those responding to subpoenas, investigations or claims arising out of the government’s insider trading probe should look to directors and officers (“D&O”) or errors and omissions (“E&O”) liability insurance for coverage for defense costs and, in some cases, settlements or judgments arising out of insider trading claims.

10/14/2010 - What's in the Pipeline: Attorney/Client Issues
The practice of insurance law brings with it a host of privilege issues that affect insurance lawyers “on both sides of the ‘v.’” Regardless of who you represent and in what capacity you represent them, privilege issues are sure to affect your practice.

06/08/2010 - Erika Blomquist Guest Column in Law360: D&O Coverage Considerations For FCPA Claims
Congress enacted the Foreign Corrupt Practices Act to prevent corporate bribery of foreign officials. The number of FCPA actions initiated by the United States Department of Justice and the U.S. Securities and Exchange Commission has skyrocketed over the past few years.

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.

12/22/2009 - Weathering the Storm: Insurance Coverage and Insolvency: Maximizing Recovery In Bankruptcy
While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. Now more than ever, it is crucial that debtors, creditors, trustees, and, indeed, anyone with an interest in maximizing the financial resources on hand to satisfy debts, understand (1) what coverage may potentially be available; and (2) how to gain access to and maximize this important financial resource.

04/20/2009 - Finding the Silver Lining: General Liability Coverage For FHA/ADA Claims
Over the past several years, developers and owners of multifamily housing have been the targets of numerous lawsuits filed by government enforcement agencies, including the United States Department of Justice, private disability rights organizations, and individuals alleging violations of the Fair Housing Act (the “FHA”) and Americans with Disabilities Act (the “ADA”). The “damages” and attorneys’ fees claimed by plaintiffs in these lawsuits, including the cost to modify existing buildings to comply with applicable accessibility guidelines, have created significant financial exposure to the multifamily housing industry.

04/20/2009 - Texas Supreme Court Rejects Insurer’s Late Notice Defense Under a Claims-Made Policy
In Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co., the Texas Supreme Court held late last month that, “[i]n a claims-made policy, when an insured notifies its insurer of a claim within the policy term or other reporting period that the policy specifies, the insured’s failure to provide notice ‘as soon as practicable’ will not defeat coverage in the absence of prejudice to the insurer.”

09/19/2008 - Weathering the Storm: Insurance Recovery Following Hurricane Ike
This news alert is a practical guide from Haynes and Boone, LLP 's Insurance Recovery Practice Group addressing critical steps to obtain insurance recovery for damage and business interruption losses resulting from Hurricane Ike.

05/06/2008 - Mortgage Guaranty Insurance
Escalating defaults relating to the sub-prime mortgage crisis have had a profound impact on domestic and world credit markets. As creditors look to their insurers for recovery of losses on insured loans, it is important for mortgagees, financial institutions and their beneficiaries and assigns to understand their respective rights and obligations under mortgage guaranty insurance and other credit risk insurance policies.

09/07/2007 - Triple Threat--Texas Supreme Court Rejects the Economic Loss Doctrine...
On August 31, 2007 the Texas Supreme Court issued an eagerly awaited opinion Lamar Homes, Inc. v. Mid-Continent Casualty Company, No. 05-0832 (Tex. Aug. 31, 2007) in which it resolved a long-standing controversy between policyholders and insurance carriers as to whether commercial general liability (“CGL”) policies cover property damage resulting from defective workmanship.

What Every Corporate Counsel Needs to Know About Insurance Coverage

HOT CGL TOPICS - Can Insurers Get Their Settlement Dollars Back?