Employer Liability for the Acts of Independent Contractors

Posted by on Mar 28, 2018 in Business Law, Insurance | No Comments

In today’s busy world, there are a number of ways that a small business owner, a general contractor, an independent subcontractor, or an owner of land find the need to have some construction performed. Perhaps they need some equipment repaired or installed. Unfortunately, in the process of these functions, a client or worker can sustain […]

Risk Transfer and Avoidance. What Do You Need to Know?

Posted by on Mar 14, 2018 in Uncategorized | No Comments

Risk Transfer and Avoidance are two exceptionally important practices for any business. However, they are rarely ever thoroughly explained to those that they are supposed to be helping. There has been much litigation about the exposure faced by many in the contracting business.  The Texas Legislature and the Courts of Texas have placed significant limitations […]

Dealing with Wind Damages from Harvey?

Posted by on Sep 13, 2017 in Adjuster, Insurance, News | No Comments

To our friends and neighbors in Montgomery and surrounding counties: We have all been dealing with the after effects of Hurricane Harvey and the tremendous amount of flooding caused by the associated rainfall. We want to advise you that, while many, if not most of these claims, will be directed toward FEMA and covered by […]

There Is Nothing More Expensive Than a Poorly Drafted Contract

Posted by on Aug 8, 2017 in Business Law | No Comments

As a young lawyer, I had the opportunity to listen to a District Court Judge admonishing another attorney about his argument to the Court.  After a while, the judge ruled against his client telling him ”. . .there is nothing more expensive than a poorly drafted contract.”  Not being a part of this case, I was […]

Thomas M. Fountain & Associates, P.C. to offer New Continuing Education Course for Texas Residential & Commercial Property Insurers

As a certified provider through the Texas Department of Insurance, Thomas M. Fountain & Associates, P.C. is excited to announce that we are now offering a new Continuing Education course geared towards Texas Residential and Commercial Property Insurers. This program focuses on assisting Insurance Adjusters to give them the tools needed to understand current trends […]

Thomas M. Fountain & Associates, P.C. – Celebrating 25 Years

Posted by on Jul 16, 2017 in News, Uncategorized | No Comments

Thomas M. Fountain & Associates, P.C. was formed  twenty-five years ago today, on July 16, 1992, after a rewarding tenure at two of Houston’s most successful insurance defense/civil litigation firms.  In this time, we have assured our clients, past and present, of the full strength, stability, and fortitude that can only come with our thirty-five […]

Outside General Counsel – How We Can Help!

Posted by on Jul 10, 2017 in Business Law, Oil & Gas | No Comments

Thomas M. Fountain & Associates has several programs marketed to the small to mid-size business owner by which to assist those companies which do not require a full time on staff general counsel. Whether it be litigation, transactions, or regulatory compliance, we can help! Just a few ways we do that would be in providing […]

Newsflash for Employers – Religious Discrimination

The EEOC has just filed a suit against an Employer (Decostar) who, according to the EEOC, discriminated against their employee because the Employer attempted to force the employee to work overtime against their religious beliefs. The release by the EEOC reads in part: “According to the EEOC’s suit, Decostar violated federal law by firing Dina […]

USAA V Menchaca~USAA Lloyds Seeks Rehearing

Posted by on Apr 18, 2017 in Uncategorized | No Comments

As we previously reported, recently, our Texas Supreme Court issued a major new ruling directly affecting Texas homeowners.  The insurer has let the Court they wish to seek a rehearing as to the Court’s opinion.  The Motion has not yet been filed, but when it is, we will we will update you accordingly. As we […]

New Texas Supreme Court Case ~ USAA V Menchaca

For many years, homeowners in the state of Texas have sought policy benefits from their homeowners insurance companies.  Most of these revolved around allegations that their home was damaged during a storm, whether it be a hailstorm, severe windstorm, or tropical disturbance such as a hurricane.  When these claims were adjusted, many of these homeowners […]

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