Jeffrey D. Featherstun Who We Are
 

Jeffrey D. Featherstun, Partner Back to Attorney List
   

Jeff Featherstun has focused on insurance coverage and environmental law for the better part of two decades.  Jeff worked on a series of groundbreaking coverage cases that helped make Indiana probably the most favorable jurisdiction for policyholders facing environmental liabilities.  This work played an important role in enabling hundreds of millions of dollars in environmental cleanups across the country.

 

Jeff’s environmental law practice has included litigating a number of issues of first impression under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA, the Superfund statute), the Indiana Underground Storage Tank Act (USTA), the Indiana Environmental Liability Act (ELA) and many common law remedies.

 

Jeff's practice frequently combines these two areas, helping clients with both the environmental liability and the insurance necessary to fund the cleanup.  Similarly, Jeff has led efforts in a number of bankruptcy cases to apply liability insurance proceeds to the debtor's environmental obligations.

 

Through these matters, Jeff has had the opportunity to work with some of the world’s largest companies, as well as many smaller businesses, municipalities and individuals.

 

Jeff has worked on more than 30 state and federal appeals.  Groundbreaking decisions include Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009) (environmental law), Travelers Indem. Co. v. Summit Corp. of Am., 715 N.E.2d 926 (Ind. Ct. App. 1999) (environmental insurance coverage) and Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998) (environmental law).
 
Jeff is co-author of “Environmental Law Developments: Focus on Brownfields – Overcoming Historical Environmental Problems,” 38 Indiana Law Review, Volume 36, Issue 5 (2005).  He also has been listed as an Indiana “Super Lawyer” in the area of insurance coverage and received an AV-Preeminent Martindale-Hubbell Peer Review Rating.  He is frequent a speaker before legal, trade association & business groups, including the Indiana Continuing Legal Education Forum’s “masters” seminar series.
 
Jeff attended the Southern Methodist University honors scholars program from 1985 to 1987 and received a B.A. (History) with high distinction from Indiana University, Bloomington in 1989.  He received his J.D. from the University of Michigan Law School in 1992.  Jeff has been with the firm since graduating from law school.  Jeff has been a partner since 2000.


Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation

Significant Cases, Administrative Matters & Transactions

Cooper Industries, LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009)

 

Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008) (amicus curiae)

 

American Chemical Service Site RD/RA Agreement Members v. Admiral Ins. Co., 396 B.R. 14 (S.D. Ind. 2008)

 

Travelers Cas. and Sur. Co. v. U.S. Filter Corp., 870 N.E.2d 529 (Ind. Ct. App. 2007), rev'd., 895 N.E.2d 1172 (Ind. 2008) (amicus curiae)

 

City of Mishawaka, Ind. v. Uniroyal Holding Inc., 3:04-CV-125, 2006 WL 163007, slip op. (N.D. Ind. Jan. 19, 2006)

 

Wellman Thermal Systems Corp. v. Columbia Cas. Co., 1:05-cv-1191, 2005 WL 4880619, slip op. (S.D.Ind., Oct. 5, 2005)

 

City of South Bend, Inc. v. Century Indemnity Co., 821 N.E.2d 5 (Ind. Ct. App. 2005)

 

In re Allied Prods. Corp., 42 Bankr.Ct.Dec. 248 (N.D. Ill. 2004)

 

In re Allied Prods. Corp., 288 B.R. 533 (Bankr. N.D. Ill. 2003)

 

Employers Ins. of Wausau v. Recticel Foam Corp., 716 N.E.2d 1015 (Ind. Ct. App. 1999)

 

Travelers Indemnity Co. v. Summit Corp. of Am., 715 N.E.2d 926 (Ind. Ct. App. 1999)

 

Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998)

 

Huntzinger v. Hastings Mut. Ins. Co., 143 F.3d 302 (7th Cir. 1998)

 

Shell Oil Co. v. Meyer, 684 N.E.2d 504 (Ind. Ct. App. 1997)

 

Seymour Mfg. Co., Inc. v. Commercial Union Ins. Co., 665 N.E.2d 891 (Ind. 1996) (amicus curiae)

 

Riverside Oil, Inc. v. Federated Mut. Ins. Co., Cause No. 94-2038, 1994 WL 904293, slip op. (C.D. Ill. Aug. 19, 1994)

Publications & Speaking Engagements

2009
Publication
  Author and Speaker, "Insurance Coverage, A Master's Level Symposium," Indiana Continuing Legal Education Forum Masters Series
 
2008
Speaking Engagement
  Speaker, "Insurance Programs and Long-Tail Claims," Midwest Regional Utility Risk Managers Meeting
 
2007
Speaking Engagement
  Speaker, "Nuts & Bolts of Brownfield Development for Local Governments," Indiana Association for Community Economic Development
 
2007
Speaking Engagement
  Speaker, "Insurance Coverage Litigation," National Business Institute
 
2005
Publication
  Co-Author, Environmental Law Developments: Focus on Brownfields - Overcoming Historical Environmental Problems, 38 Ind. L. Rev. 1035 (2005)
 
2004
Speaking Engagement
  Speaker, "Brownfields Redevelopment: What Have We Learned?" Air & Waste Management Association National Conference
 
2003
Speaking Engagement
  Speaker, Indiana Manufacturers Association, The Indiana Manufacturers Association's Environmental Remediation Seminar
 
2003
Publication
  Co-Author, "Helping Indiana Cities and Towns Pursue Brownfield Cleanups," Perspective, Year 2003, Issue 1
 
2002
Publication
  Co-Author, "Indiana Supreme Court Affirms Coverage Under "Absolute Pollution Exclusion" Insurance Policies," Perspective, Issue 6
 
2001
Publication
  Co-Author, "Indiana Supreme Court Clarifies Coverage for Environmental Claims," Perspective, Issue 1
 
2001
Publication
  Co-Author, "Court Sanctions Insurer for Bad Faith Denial of Environmental Claims," Perspective, Issue 3
 
2001
Publication
  Co-Author, "Indiana Court of Appeals Again Finds for Plews Shadley Racher & Braun Client in Environmental Coverage Matter," Perspective, Issue 3
 
2000
Speaking Engagement
  Speaker, "Insurance Law in Indiana," Lorman Education Services Seminar
 
1999
Publication
  Co-Author, "Favorable Post-Kiger Decisions in Indiana Environmental Insurance Law Allow Policyholders to Secure Funding for Cleanup Obligations," Fueling Indiana
 
1998
Publication
  Co-Author, "Environmental Insurance Coverage Issues for Petroleum Transportation Accidents Arising Under Recent Indiana Decisions," Fueling Indiana
 
1997
Publication
  Co-Author, "Indiana Courts Require Insurance Companies to Pay for Environmental Liabilities," Indianapolis Business Journal, Taxes Finance & Law Supplement
 
1993
Speaking Engagement
  Author and Speaker, "Avoiding Environmental Liabilities in Property Transactions," Plews & Shadley Racher & Braun Seminar on Environmental Issues For Real Estate Developers and Construction Engineering Firms, Indianapolis, Indiana
 
1992
Publication
  Co-Author, "Legal Liability Problems Confronting Environmental Consultants," Plews & Shadley Seminar on Legal Concerns Confronting Environmental Consultants
 
1992
Publication
  Co-Author, "RCRA and Solid Waste Permit Compliance for General Business," Indiana Continuing Legal Education Forum
 

Associations & Memberships

Member, Indiana Bar Association, Environmental Law Section

Member, Indianapolis Bar Association, Environmental Law Section

Honors

2010  

Selected for inclusion in Super Lawyers Magazine - National Corporate Counsel Edition - Insurance Coverage


 
2009  

Selected for inclusion in Indiana Super Lawyers Magazine - Insurance Coverage 

 
2009  

Martindale-Hubbell AV Peer Review Rating

 
1989   Phi Beta Kappa
 
1988   Recipient of the Daniel H. Eikenberry Memorial Scholarship in the Area of History at Indiana University
 
1988   Jacob & Lucy Listenfelt Memorial Scholarship in the Area of History at Indiana University
 

Employment History

2000- present Partner, Plews Shadley Racher & Braun LLP

1993- 1999 Associate, Plews Shadley Racher & Braun

Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation

Significant Cases, Administrative Matters & Transactions

Cooper Industries, LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009)

 

Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008) (amicus curiae)

 

American Chemical Service Site RD/RA Agreement Members v. Admiral Ins. Co., 396 B.R. 14 (S.D. Ind. 2008)

 

Travelers Cas. and Sur. Co. v. U.S. Filter Corp., 870 N.E.2d 529 (Ind. Ct. App. 2007), rev'd., 895 N.E.2d 1172 (Ind. 2008) (amicus curiae)

 

City of Mishawaka, Ind. v. Uniroyal Holding Inc., 3:04-CV-125, 2006 WL 163007, slip op. (N.D. Ind. Jan. 19, 2006)

 

Wellman Thermal Systems Corp. v. Columbia Cas. Co., 1:05-cv-1191, 2005 WL 4880619, slip op. (S.D.Ind., Oct. 5, 2005)

 

City of South Bend, Inc. v. Century Indemnity Co., 821 N.E.2d 5 (Ind. Ct. App. 2005)

 

In re Allied Prods. Corp., 42 Bankr.Ct.Dec. 248 (N.D. Ill. 2004)

 

In re Allied Prods. Corp., 288 B.R. 533 (Bankr. N.D. Ill. 2003)

 

Employers Ins. of Wausau v. Recticel Foam Corp., 716 N.E.2d 1015 (Ind. Ct. App. 1999)

 

Travelers Indemnity Co. v. Summit Corp. of Am., 715 N.E.2d 926 (Ind. Ct. App. 1999)

 

Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998)

 

Huntzinger v. Hastings Mut. Ins. Co., 143 F.3d 302 (7th Cir. 1998)

 

Shell Oil Co. v. Meyer, 684 N.E.2d 504 (Ind. Ct. App. 1997)

 

Seymour Mfg. Co., Inc. v. Commercial Union Ins. Co., 665 N.E.2d 891 (Ind. 1996) (amicus curiae)

 

Riverside Oil, Inc. v. Federated Mut. Ins. Co., Cause No. 94-2038, 1994 WL 904293, slip op. (C.D. Ill. Aug. 19, 1994)


Publications & Speaking Engagements

2009
Publication
  Author and Speaker, "Insurance Coverage, A Master's Level Symposium," Indiana Continuing Legal Education Forum Masters Series
 
2008
Speaking Engagement
  Speaker, "Insurance Programs and Long-Tail Claims," Midwest Regional Utility Risk Managers Meeting
 
2007
Speaking Engagement
  Speaker, "Nuts & Bolts of Brownfield Development for Local Governments," Indiana Association for Community Economic Development
 
2007
Speaking Engagement
  Speaker, "Insurance Coverage Litigation," National Business Institute
 
2005
Publication
  Co-Author, Environmental Law Developments: Focus on Brownfields - Overcoming Historical Environmental Problems, 38 Ind. L. Rev. 1035 (2005)
 
2004
Speaking Engagement
  Speaker, "Brownfields Redevelopment: What Have We Learned?" Air & Waste Management Association National Conference
 
2003
Speaking Engagement
  Speaker, Indiana Manufacturers Association, The Indiana Manufacturers Association's Environmental Remediation Seminar
 
2003
Publication
  Co-Author, "Helping Indiana Cities and Towns Pursue Brownfield Cleanups," Perspective, Year 2003, Issue 1
 
2002
Publication
  Co-Author, "Indiana Supreme Court Affirms Coverage Under "Absolute Pollution Exclusion" Insurance Policies," Perspective, Issue 6
 
2001
Publication
  Co-Author, "Indiana Supreme Court Clarifies Coverage for Environmental Claims," Perspective, Issue 1
 
2001
Publication
  Co-Author, "Court Sanctions Insurer for Bad Faith Denial of Environmental Claims," Perspective, Issue 3
 
2001
Publication
  Co-Author, "Indiana Court of Appeals Again Finds for Plews Shadley Racher & Braun Client in Environmental Coverage Matter," Perspective, Issue 3
 
2000
Speaking Engagement
  Speaker, "Insurance Law in Indiana," Lorman Education Services Seminar
 
1999
Publication
  Co-Author, "Favorable Post-Kiger Decisions in Indiana Environmental Insurance Law Allow Policyholders to Secure Funding for Cleanup Obligations," Fueling Indiana
 
1998
Publication
  Co-Author, "Environmental Insurance Coverage Issues for Petroleum Transportation Accidents Arising Under Recent Indiana Decisions," Fueling Indiana
 
1997
Publication
  Co-Author, "Indiana Courts Require Insurance Companies to Pay for Environmental Liabilities," Indianapolis Business Journal, Taxes Finance & Law Supplement
 
1993
Speaking Engagement
  Author and Speaker, "Avoiding Environmental Liabilities in Property Transactions," Plews & Shadley Racher & Braun Seminar on Environmental Issues For Real Estate Developers and Construction Engineering Firms, Indianapolis, Indiana
 
1992
Publication
  Co-Author, "Legal Liability Problems Confronting Environmental Consultants," Plews & Shadley Seminar on Legal Concerns Confronting Environmental Consultants
 
1992
Publication
  Co-Author, "RCRA and Solid Waste Permit Compliance for General Business," Indiana Continuing Legal Education Forum
 

Associations & Memberships

Member, Indiana Bar Association, Environmental Law Section

Member, Indianapolis Bar Association, Environmental Law Section


Honors

2010  

Selected for inclusion in Super Lawyers Magazine - National Corporate Counsel Edition - Insurance Coverage


 
2009  

Selected for inclusion in Indiana Super Lawyers Magazine - Insurance Coverage 

 
2009  

Martindale-Hubbell AV Peer Review Rating

 
1989   Phi Beta Kappa
 
1988   Recipient of the Daniel H. Eikenberry Memorial Scholarship in the Area of History at Indiana University
 
1988   Jacob & Lucy Listenfelt Memorial Scholarship in the Area of History at Indiana University
 

Employment History

2000- present Partner, Plews Shadley Racher & Braun LLP

1993- 1999 Associate, Plews Shadley Racher & Braun

Client Alerts

January 15, 2010   Court Rules "Function in Your Business" Modification of Pollution Exclusion Does Not Bar Coverage
By Jeffrey D. Featherstun
 
August 27, 2009   Three new Indiana Coverage Decisions on Late Notice
By Jeffrey D. Featherstun
 
February 15, 2009   Indiana Supreme Court Rules on Environmental Legal Action Statute and Environmental Liability for Corporate Successors
By George M. Plews, Jeffrey D. Featherstun
 
October 18, 2008   Court Rules a Covered Claim May Lose That Status as a Result of an Asset Sale
By Jeffrey D. Featherstun
 
June 19, 2008   Plews Shadley Racher & Braun LLP an Amicus on Winning Side of Indiana Underground Storage Tank Ruling
By Jeffrey D. Featherstun
 
 
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