How to Handle Bad Faith Insurance Claims in Texas: Best Practices for Carriers
Bad faith insurance claims are among the most serious disputes an insurer can face in Texas. With potential exposure to extra-contractual damages, attorney’s fees, and reputational harm, carriers must be proactive in their claim handling processes. Understanding Texas law on bad faith insurance, recent case precedents, and proven best practices can help insurers minimize risks […]
Thomas Fountain & Associates, PLLC Issues Warning About Impersonation Accounts
Thomas Fountain & Associates, PLLC, a Texas-based law firm with over 35 years of experience in insurance defense and business law, is alerting the public to fraudulent social media accounts impersonating the firm. The firm’s official and only Instagram account is @thomasfountainlaw (verified). Any other accounts claiming affiliation with Thomas Fountain & Associates, PLLC are […]
Outside General Counsel
At Thomas M. Fountain & Associates, we offer outside general counsel services to businesses in need of expert legal guidance without the expense of a full-time in-house team. As your outside general counsel, we provide proactive legal advice to help mitigate risk, ensure compliance, and support business strategy—all tailored to your company’s unique needs. So, […]
The Importance of Communication with One’s Insurance Agent
When it comes to homeowners’ insurance, one of the most important details to get right is the residency requirement. If the insurer’s policy requires that the home be owner-occupied at the time the policy goes into effect, you have to ensure that this condition is met. Otherwise, you may find yourself in a situation where […]
Don’t Forget the Additional Insured!
Imagine you are a general contractor who has just been served with a lawsuit for defective construction. You immediately pull your contracts for the project to determine which subcontractors performed the deficient work. You identify the subcontractor, pull the subcontractor agreement, and find that wonderful provision stating that the subcontractor must add you as an […]
The Value Of Team Work & Outside General Counsel – El Valor Del Trabajo en Equipo y El Consejo General Externo
We stress good communication with our clients in working together with them in the understanding of their operations, for example. We view the relationship as a team and strive to work together in order to achieve the correct outcome given the laws and facts.
Risk Protection: Your Next Step – Protección Contra Riesgos: Su Próximo Paso
Most small businesses have been given the advice to operate within the protection of a corporate entity or similar company structure such as a limited liability company (L.L.C.) as a solid measure for risk protection. However, we would suggest that forming such an entity is just the beginning step in risk protection for shielding your […]
Employer Liability for the Acts of Independent Contractors – Responsabilidad del Empleador Por Las Leyes de Los Contratistas Independientes
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? – Transferencia de riesgos y evitación. ¿Qué necesitas saber?
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?
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 […]
