Risk Transfer and Avoidance. What Do You Need to Know? – Transferencia de riesgos y evitación. ¿Qué necesitas saber?

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 […]

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 […]

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 […]

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 […]

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 […]

Oil & Gas Client Notches Victory in Business Litigation

Recently, our team of attorneys represented a California company whose work consisted of testing pipelines in the oil & gas industry. For over 25 years, it’s business consisted of performing hydro static testing of pipelines for the oil & gas industry. Persons performing those tests must agree to be subjected to a random drug testing protocol.  The […]

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 […]

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