Fountain, Bruce & Mellencamp PLLC

Fountain, Bruce & Mellencamp, PLLC Co-Sponsors of Claims & Litigation Management Alliance’s “Texas Event “

HoustonTrialLaw — Sat, 18 May 2013 17:01:13 +0000

This past week was a great experience for members Lisa Bruce and Thomas Fountain while attending the Dallas “Texas Event”. The conference was a sold out affair put on the the Claims and Litigation Management Alliance or CLM Alliance. The Claims and Litigation Management (CLM) Alliance is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has approximately 20,000 Members and Fellows — a number that grows by hundreds each month.

The Texas Event focused primarily on Products Liability Law and presented many speakers on these and other related issues during interactive meetings. One of the panels, from a wide “menu” of choices, presented issues related to Innocent Retailers Immunity & Indemnification Statutes. Another panel spoke to the use of recording devices in aviation(cock voice recorders or CVR’s) and motor vehicle (engine computer monitoring systems or ECM’s) accident reconstruction and trial. Many thanks to the speakers who came from all areas of the country to present their views and field questions! For more information about the CLM Alliance and it’s organization see it’s website: https://www.theclm.org/

Fountain, Bruce & Mellencamp PLLC is an AV Preeminent rated law firm located in The Woodlands, Texas. The Firm handles insurance coverage and insurance litigation matters and is proud to have represented insurers in many specialty areas, including homeowners, auto (including specialized representation for non-standard auto insurance carriers), trucking, commercial general liability and aviation insurance. For more information see our WebSite at www.fbmpllc.com or call (281) 296-6500.

Construction Insurance Programs: WRAPS, OCIPS, and CCIPS

HoustonTrialLaw — Fri, 10 May 2013 21:03:56 +0000

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 arising out of the construction environment. The trade off for reduced costs is often a reduced policy limit and an agreement to waive any conflicts of interests among the various signatories to the contracts.

These agreements, while well intended, can be problematic for a number of reasons if one is not careful. The ability of one of the parties to assert a conflict, as well as the potential for there to be an insufficient amount of policy limits to settle each of the company’s exposure are a just a few. Also, when the policy limits are exhausted, does the insurer have a continuing duty to pay any more defense costs? A thorough reading of these agreements together with the proposed insurance policy is a mandatory practice for those who would enter into them! Imagine trying to settle a claim and your agent telling you there is not enough policy proceeds are available to settle your exposure because other parties to the agreement have already used up the balance. The aggrieved parties will then look to the company’s assets to begin with for the rest of what they claim is due. Is an umbrella or excess available to step in at that time? What of the potential for gaps in the coverage provided?

We recommend that our clients involve these discussions with not only a knowledgeable insurance agent, but also attorneys whose background in these and similar areas allow a reasoned evaluation to these issues. More than one jurist has said from the Bench that ”there is nothing more expensive than a poorly drafted contract.”

Fountain, Bruce & Mellencamp PLLC is an AV Preeminent rated law firm located in The Woodlands, Texas. The Firm handles insurance coverage and insurance litigation matters and is proud to have represented carriers in many specialty areas, including homeowners, construction defect, auto (including specialized representation for non-standard auto insurance carriers), trucking, commercial general liability and aviation insurance. For more information see our WebSite at www.fbmpllc.com or call (281) 296-6500.

Fountain, Bruce & Mellencamp, P.L.L.C.’s Second Annual Seminar on Hurricane & Storm Claims~Sponsored by The Woodlands Area Chamber of Commerce

HoustonTrialLaw — Thu, 11 Apr 2013 01:46:38 +0000

The 2013 Hurricane Season is predicted to cause a substantial increase in Gulf of Mexico activity this year. Published on April 10, 2013, the Colorado State University Department of Atmospheric Science predicts an even chance (almost 50%) of at least one major hurricane (category 3-4-5) making landfall in the Gulf of Mexico. The average for the last century is 30%. They further estimate that 2013 will have 9 named hurricanes and 18 named storms. These figures exceed the median for the typical season. See the original article and abstract at http://hurricane.atmos.colostate.edu/Forecasts

The Law Firm of Fountain, Bruce & Mellencamp, PLLC is pleased to announce it’s Second Annual Seminar on Hurricane Claims and Other Storm Claims. It is presently set to take place August 15, 2013 at the Woodlands Chamber of Commerce. This seminar is designed for the residential and business owners who desire to understand the insurance claims process. It will help the insurance consumer to be able to better document, preserve, and present their claim to the insurer. The seminar will allow one to expedite the claim at a time when all insurers resources are stretched to the limit in a catastrophe environment. The seminar is not intended to encourage litigation, which is expensive, takes many months and even years to complete, with no guarantee of success. The seminar instead takes a practical approach to the process including an explanation of typical and germane insurance clauses as well as the types of evidence of loss usually requested by insurers. A typical claim is examined from start to finish so you may predict the process, including the need to interact with and hire contractors for repair, what the claims adjuster looks for and where, what may or may not be covered (depending on your policy), and even recommendations as to the type of policy you may wish to consider for what is undoubtedly one of the major, if not the major investment of your family; your home or business.

Fountain, Bruce & Mellencamp PLLC is an AV Preeminent rated law firm located in The Woodlands, Texas. The Firm handles insurance coverage and insurance litigation matters and is proud to have represented carriers in many specialty areas, including homeowners, auto (including specialized representation for non-standard auto insurance carriers), trucking, commercial general liability and aviation insurance. For more information see our WebSite at www.fbmpllc.com or call (281) 296-6500.

FAA to Delay Airport Tower Closures

HoustonTrialLaw — Fri, 05 Apr 2013 23:53:29 +0000

The Federal Aviation Administration said it will delay for two months the closure of 149 control towers at small airports to mitigate risks associated with the move and fight legal challenges to the closures. The closures, previously scheduled to begin on Sunday, are part of the FAA’s $637 million in required budget cuts under the sequester. All 149 towers, which are operated by third parties, will now close on June 15. Airports, tower operators and congressmen have criticized the FAA for the closures, saying they will make flying in and out of the affected airports more dangerous. The FAA has said that it has little discretion in what it can cut under the sequester, and that closing the towers would have a lesser impact on the flying public than alternative measures.

About 20 lawsuits filed against the U.S. challenge the closure of the towers, arguing the FAA didn’t follow required safety protocols—which include a safety review at each airport—before ordering the closures. The suits have been consolidated into one case in the Ninth Circuit U.S. Court of Appeals.

The FAA said it is working with about 50 airports that may try to keep their towers open without federal funding.

Fountain, Bruce & Mellencamp PLLC is an AV Preeminent rated law firm located in The Woodlands, Texas. The Firm handles aviation litigation matters and is proud to have represented pilots, FBO’s, airports, flight schools, and aviation insurers. Thomas M. Fountain has a single engine land certificate and is instrument rated. He has been Board Certified in Personal Injury Trial law by the Texas Board of Legal Specialization since 1987. For more information see our WebSite at www.fbmpllc.com or call (281) 296-6500.

Fountain, Bruce & Mellencamp offers 4 Hour Accredited Adjuster CE Course: HANDLING CLAIMS ISSUES WITHOUT LOSING YOUR MIND

HoustonTrialLaw — Mon, 01 Apr 2013 22:08:48 +0000

Fountain, Bruce & Mellencamp attorney, Lisa LeDoux Bruce, has produced a 4 hour Adjuster CE course entitled: Handling Claims Issues Without Losing Your Mind. The Course is approved by the Texas Dept. of Insurance for 4 hours of credit (including 1 hour of Ethics). The Course offers an excellent primer for new adjusters and/or refresher for seasoned adjusters, providing an overview of relevant Texas Insurance Code provisions and developments in Texas case law and their application in the claims’ handling process. As the title implies, the course also seeks to assist adjusters in developing strategies to succesfully navigate possible pitfalls presented in the course of claims’ handling, to avoid running awry of Texas Insurance Code mandates and to maintain calm in the midst stressful claims’ handling situations. Attorney Bruce reserves a final portion of the course to discuss common issues or new developments pertinent to the particular group represented. The Course is presented with a dose of humor, and Ms. Bruce provides as much time as possible for adjusters to ask questions and share relevant experiences and strategies in order to maximize the learning experience.

For more information regarding this CE and/or to schedule a time for presentation, please contact Attorney Bruce at The Woodlands office.

Fountain, Bruce & Mellencamp PLLC is an AV Preeminent rated law firm located in The Woodlands, Texas. The Firm handles insurance coverage and insurance litigation matters and is proud to have represented carriers in many specialty areas, including homeowners, auto (including specialized representation for non-standard auto insurance carriers), trucking, commercial general liability and aviation insurance. For more information see our WebSite at www.fbmpllc.com or call (281) 296-6500.

Texas Department of Transportation to Fund Air Traffic Controllers

HoustonTrialLaw — Mon, 01 Apr 2013 19:09:19 +0000

AUSTIN – In an effort to ensure safety at 13 municipal airports in Texas, the Texas Department of Transportation today said it intends to fund continued service of air traffic controllers when federal funding goes away as a result of sequestration, or budget cuts. This action is pending Texas Transportation Commission approval and will be acted upon in an emergency session next week. The action would enable continued service for 13 airports.

When automatic budget cuts from the federal government went into effect last month, Texas regional airports were caught in the cross hairs and were scheduled to lose funding for air traffic control service positions beginning April 7. Had this funding not been considered, a degradation of safety in those flight operations could have occurred.

Airports that could receive state funding to continue safe operations include:

New Braunfels (BAZ); Brownsville (BRO); Easterwood Field College Station (CLL); TSTC Waco (CNW); Lone Star Executive Houston (CXO); Georgetown Muni (GTU); San Marcos Muni (HYI); Dallas Executive (RBD); Sugarland Regional (SGR); Stinson Muni San Antonio (SSF); Collin County Regional (TKI); Tyler Pounds Regional (TYR); and Victoria Regional (VCT).

Grand Prairie Municipal and Fort Worth Spinks airports remain funded under a federal agreement until September 30, 2013.

Lone Star Regional Airport Tower to Close

HoustonTrialLaw — Sat, 23 Mar 2013 21:43:58 +0000

Yesterday, the FAA released the list of Airport closures by the FAA due, according to sources, to the sequester. Among those include many Texas Airports in rapidly developing areas, including notably, Lone Star, Sugarland, Brownsville/South Padre Island International Airport, and Easterwood Airport (College Station). Surviving the cut was David Wayne Hooks Airport in Tomball. In an effort to affect the fewest travelers, the FAA said it is targeting lower-volume airports — those that have fewer than 150,000 operations a year (a takes off or landing is an operation) and fewer than 10,000 commercial operations.

“The rest of the FAA’s budget is getting a 5% haircut; the contract towers are getting a 75% cut, because the FAA is cutting 189 of the 251 contract towers,” Spencer Dickerson of the U.S. Contract Tower Association told one news outlet.

For more news, see the articles @ http://www.cnn.com/2013/03/21/travel/faa-control-tower-closures/index.html and @ http://abclocal.go.com/ktrk/story?section=news/national_world&id=9037530

FAA to Close Towers Due to Sequestration

HoustonTrialLaw — Thu, 21 Mar 2013 21:23:37 +0000

A legislative effort to spare 189 privately run airport control towers from closing next month as part of automatic federal budget cuts failed when the Senate refused to take up the issue.

Senator Jerry Moran, a Kansas Republican, saying he was seeking to protect “the safety of Americans,” yesterday briefly held up a vote on the bill to fund the government through Sept. 30 because an amendment to shield the towers from the spending reductions wasn’t in the package.

The U.S. Federal Aviation Administration has said it will have to shut as many as 238 airport towers under automatic cuts known as sequestration. Of the total, 189 are operated by private firms and 48 are staffed by FAA controllers.

“Our legislative options are between nil and zero right now,” Spencer Dickerson, a president of the American Association of Airport Executives, said in an interview. “It’s pretty bleak.”

Dickerson, who also heads the Alexandria, Virginia-based Contract Tower Association, said the FAA is expected to release tomorrow a final list of facilities that will close as early as April 7. The agency had allowed airports to appeal the tower closings while cautioning that few would be approved.

Shopping for a Home? Beware of Your Prepurchase Inspectors!!!

HoustonTrialLaw — Sat, 09 Mar 2013 22:47:52 +0000

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 prospective buyer perform their due diligence without recourse against the seller. It recently came to my attention that the very inspector retained by a buyer also makes every effort to minimize the “product” offered by them. In other words, the inspector attempts to limit their exposure for missing defects that should be obvious to those in their profession. The most offensive way of attempting to avoid responsibility to the buyer is to insert contractual language trying limit their responsibility to the amount of their fee. A lot of these inspections cost less than $500.00.

However, consider the occasion when they fail to discover signs of prior water damage. These signs are also possible predictors for past or current mold damage. The cost of mold remediation is very high, often costing tens of thousands of dollars. After the mold litigation in the 1990′s, most homeowners insurance policies exclude mold remediation costs or limit the exposure to these costs to a relatively small amount (at a significant additional premium). If the seller is protected by an “As Is” contract or deed, the buyer’s inspector’s exposure is limited, and the policy does not cover these costs, what does the new homeowner do?

The house inspectors with whom I am familiar and have, in fact, used myself, are excellent. But these are highly reputable and are “accountable” for their work product. Read your contract well and don’t agree to limit their exposure to the fee they charge. Make sure they have appropriate liability insurance!

Fountain, Bruce & Mellencamp, PLLC is based in The Woodlands, Texas and handles legal matters for it’s clients including Insurance, Business Law, Real Esate/Construction Defect, Family Law, Transportation and Aviation law. The firm is rated AV Preeminent by the oldest peer reviewed company in the United States. For information or questions, call (281) 296-6500 or see our website @ www.fbmpllc.com

Hooks Airport and North Houston to Gain from Grand Parkway and new Exxon Mobil Campus

HoustonTrialLaw — Fri, 08 Mar 2013 17:44:14 +0000

A local newspaper, Community Impact, has published a very informative article about the changes being made at a local Houston area (Tomball) general aviation airport. David Wayne Hooks Airport has been in existence since the 1960′s. It benefits from it’s location in the Northwest Harris County area as the new Grand Parkway is to be constructed almost adjacent to it. The decision by Exxon Mobil to establish a campus in the vicinity has also made the airport a prime candidate to serve the company’s needs for corporate access. To better serve the growing needs of the community, the airport is preparing a new master plan providing for new hangars, as well as additional improvements to the airport infrastructure. The airport is also a popular location for many flight schools and is the home of the Southwest Flying Club, founded by none other than Maybelle Fletcher in 1963. Mrs. Fletcher was the first woman presented with the Wright Brothers Master Pilot Award in 2004.

For more information, see the article in the Community Impact Website @…

http://impactnews.com/articles/hooks-airport-preps-for-traffic-increase/