The Insured VS. The Agent: Who Is to Blame for a Lack of Coverage?
For an insurance adjuster, this can be a daily experience. A loss occurs and the insured’s clam is denied due to a lack of coverage. When this happens, a dispute almost always arises between the insured, the carrier, and often the insurance agent. In the ensuing blame game, fingers are pointed, tempers flare, and lawsuits […]
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 […]
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 […]
General Counsel for the Small Business Owner
With our economy starting to recover over the past few months, we are seeing many small business owners prepare to re-enter the market or expand their services. New clients are sought, new deals are negotiated, and new contracts are needed. To help our client’s navigate the maze of new legal cases which are decided every […]
Risk Shifting~Texas Contracts & Insurance Agreements
In Texas, there are two accepted ways of shifting the risk to another using contracts and insurance agreements. One is to contract it away using an indemnity clause. An indemnity agreement is a promise to safeguard or hold the one of the contracting parties harmless against either existing and/or future loss, damage or injury liability. Obviously, […]
National Law Day 2015 – One’s Right to Question
Today we celebrate National Law Day and it brings to me many memories of why I decided to attend law school as a young man. While growing up in Galveston County, Texas I was able to see many different aspects of our small community such as the elections, the court system, and our peace officers […]
Fountain, Bruce & Mellencamp, P.L.L.C.’s Second Annual Seminar on Hurricane & Storm Claims~Sponsored by The Woodlands Area Chamber of Commerce August 15, 2013
As previously announced, the Woodlands Law Firm of Fountain, Bruce & Mellencamp, P.L.L.C is to present a seminar to homeowners and business owners at and sponsored by the Woodlands Area Chamber of Commerce on August 15, 2013. One of the subjects during the seminar will be the inevitable exposure to roofing systems to elevated winds […]
Construction Insurance Programs: WRAPS, OCIPS, and CCIPS
At a recent construction conference on insurance, these insurance programs were discussed by highly credentialed speakers. The goal of these encompassing insurance programs are to allow one insurance policy or a set of policies to protect the contractors, architects, engineers, owners, and subcontractors from lawsuits by injured employees and to reduce expenses associated with claims […]
Shopping for a Home? Beware of Your Prepurchase Inspectors!!!
When purchasing a home, it is a good practice to have a professional inspect the house before closing. Many homes are sold “As Is”, which is to say that the seller makes no assertions as to the condition of the home. Moreover, additional disclaimers of warranties are made, all in an effort to make the […]
Fountain, Bruce & Mellencamp PLLC Admitted to the Greater Houston Builders Association
Fountain, Bruce & Mellencamp PLLC is pleased to announce they the Firm has been added as a member of the Greater Houston Builders Association. The Association’s stated purpose is to “…do one thing–help people realize the American Dream of home ownership. The Association serves those members through education and advocacy.” The lawyers at Fountain, Bruce & […]