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 […]

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 […]

A Primer for Property Insurance for Homeowners and the Small Business Owner

Posted by on Oct 7, 2016 in Uncategorized | No Comments

1. Know the Market~ Whether it be to insure your company’s location, or your home, from unexpected losses, it is important to know the availability of insurers in your marketplace. For example, your independent agent services a variety of insurers, but not all of them for any given location. Often, an insurance company will want […]

Hotel Investor Secures Favorable Settlement in Business Litigation

Posted by on Sep 30, 2016 in Uncategorized | No Comments

Recently, the Firm of Thomas M Fountain & Associates, PC resolved a long standing business litigation dispute between the owners of three (3) hotels. The case was pending about four (4) years when the Firm was asked to take the case over. The lawsuit had already been to mediation six (6) times, which yielded no […]

A Word on Home Warranties…

Posted by on Sep 23, 2016 in Insurance, Real Estate | No Comments

First Time Home Buyers are often overwhelmed with the “Do”s and “Do Not”s of home ownership. While most are familiar with the principles behind the need for home insurance, and the added benefits of flood insurance, many have not been exposed to anything beyond that basic knowledge. In efforts to further protect themselves, the homeowners […]

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, […]

Why Outside General Counsel? Part 2~Negotiation of Office Leases and Insurance Policies.

   In The Woodlands Texas, and especially in the Greater Houston, Texas area, one of the unfortunate consequences of the recent downturn of oil and gas prices, has been what is often phrased as a “buyer’s market” in the commercial real estate market. Many businesses have decided to take advantage of this by investigating new […]

Why Outside General Counsel? Part 1….

Occasionally, it is necessary for an organization to conduct an inquiry to discover salient facts which pertains to acts or omissions that can generate civil or criminal liability for an organization. Whether it be irregular stock trades, allegations of illegal employment discrimination, a civil lawsuit, a key employees sudden departure, or a grand jury subpoena, […]

Outside General Counsel Program for Small Business Owners

After planning for many months, Thomas M Fountain & Associates, P.C. is now offering a new program focused toward the small business owner. While most large and even medium sized business have hired attorneys to act as General Counsel, most small companies and those in the start up modes, do not wish to allocate funds […]

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