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 nearly 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.  He also has significant experience with other types of business insurance claims, including products liability, misappropriation of intellectual property and unfair competition.

 

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.

 

His practice frequently combines these two areas, helping clients both address the environmental liability and recover the insurance funds necessary to pay for the cleanup.  Similarly, Jeff has led efforts in a number of bankruptcy cases to apply liability insurance proceeds to the debtor's environmental obligations. In addition to his extensive litigation experience in the area of environmental coverage, Jeff has successfully represented policyholders in the areas of coverage for products liability, product recalls and mass torts, advertising injury and intellectual property, disaster recovery, health insurance and many other types of insurance disputes.

 

Through these matters, Jeff has had the opportunity to work with some of the world’s largest corporations, 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).  A 2010 case, State Auto. Mut. Ins. Co. v. Flexdar, Inc., 937 N.E.2d 1203 (Ind. Ct. App. 2010), was listed by Mealey’s Litigation Report: Insurance, a national publication, as one of the 10 most significant insurance coverage decisions for that year.

 

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 is ranked as an Indiana “Super Lawyer” in the area of insurance coverage by Thomson Reuters and has been awarded 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 also authors Outside of My Environment, a blog about environmental and insurnace coverage law and public policy.
 
Jeff received his J.D. from the University of Michigan Law School in 1992.  He received a B.A. (history) with high distinction from Indiana University-Bloomington in 1989 and a
ttended the Southern Methodist University honors scholars program from 1985 to 1987. 

 

Jeff was elected managing partner for 2010-11.  He has been a partner for 11 years and has been with the firm since graduating from law school.  


Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation

Significant Cases, Administrative Matters & Transactions

State Auto. Mut. Ins. Co. v. Flexdar, Inc., 2012 Ind. LEXIS 47 (Ind. Mar. 22, 2012)

The Travelers Ins. Cos. v. Maplehurst Farms, Inc., No. 49-A04-1006-PL-394 (Ind. Ct. App., Aug. 24, 2011)

Cont'l Ins. Co. v. N. Ind. Pub. Serv. Co., 2011 U.S. Dist. LEXIS 37095 (N.D. Ind.)

Rose Acre Farms, Inc. v. Columbia Cas. Co., 2011 U.S. Dist. LEXIS 16730 (S.D. Ind.)

State Auto. Mut. Ins. Co. v. Flexdar, Inc., 937 N.E.2d 1203 (Ind. Ct. App. 2010) (one of Mealey’s Litigation Report: Insurance's ten most significant insurance coverage decisions of 2010)

City of Mishawaka v. Uniroyal Holding, Inc., 2009 U.S. Dist. LEXIS 15135 (N.D. Ind.)

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

Travelers Cas. and Sur. Co. v. U.S. Filter Corp., 895 N.E.2d 1172 (Ind. 2009)

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

Air Liquide Am. L.P. v. Indep. Welding Distrib. Coop., Inc., 2008 U.S. Dist. LEXIS 47184 (S.D. Ind.)

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)

Cooper Industries, LLC v. City of South Bend, 863 N.E.2d 1253 (Ind. Ct. App. 2007)

Golson-Dunlap v. Am. Motorists Ins. Co., 2007 U.S. Dist. LEXIS 22699 (S.D. Ind.)

Reliance Ins. Co. v. Raybestos Prods. Co., 2007 U.S. Dist. LEXIS 5487 (S.D. Ind.)

City of Mishawaka v. Uniroyal Holding Inc., 2006 WL 163007 (N.D. Ind.)

Air Liquide Am., L.P. v. Indep. Welding Distrib. Coop., Inc., 2006 U.S. Dist. LEXIS 54881 (S.D. Ind.)

Wellman Thermal Systems Corp. v. Columbia Cas. Co., 2005 WL 4880619 (S.D.Ind.)

City of South Bend, Inc. v. Century Indemnity Co., 824 N.E.2d 794 (Ind. Ct. App. 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)

Bastin v. First Ind. Bank, 694 N.E.2d 740 (Ind. Ct. App. 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)

State ex rel. McReynolds v. Petroleum Marketers Mut. Ins. Co., 1994 Tenn. App. LEXIS 557 (Tenn. Ct. App.)

Riverside Oil, Inc. v. Federated Mut. Ins. Co., 1994 WL 904293 (C.D. Ill.)

Publications & Speaking Engagements

2011
Speaking Engagement
 

Presenter and panelist, "Brownfield Funding Options: Liability Claims Against Polluters and Their Insurers."  2011 Indiana State Bar Association Annual Meeting.  Sponsored by the Environmental Law Section.  Fellow panel member is Chris Harrell, former Brownfield Redevelopment Coordinator for the City of Indianapolis, Division of Community Economic Development.

 
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, American Bar Association, Section of Litigation, Subcommittee on Insurance Coverage Litigation

Member, Indiana Bar Association, Environmental Law Section

Member, Indianapolis Bar Association, Environmental Law Section

Honors

2012   Selected for inclusion in Indiana Super Lawyers -- Insurance Coverage

 
2011  

Martindale-Hubbell AV Peer Review Rating

 
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 

 
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

2010-11 Managing Partner, Plews Shadley Racher & Braun LLP

2000- present Partner, Plews Shadley Racher & Braun LLP

1993- 1999 Associate, Plews Shadley Racher & Braun LLP

Client Alerts

Practice Areas

  • Environmental
  • Insurance Coverage
  • Complex Litigation

Significant Cases, Administrative Matters & Transactions

State Auto. Mut. Ins. Co. v. Flexdar, Inc., 2012 Ind. LEXIS 47 (Ind. Mar. 22, 2012)

The Travelers Ins. Cos. v. Maplehurst Farms, Inc., No. 49-A04-1006-PL-394 (Ind. Ct. App., Aug. 24, 2011)

Cont'l Ins. Co. v. N. Ind. Pub. Serv. Co., 2011 U.S. Dist. LEXIS 37095 (N.D. Ind.)

Rose Acre Farms, Inc. v. Columbia Cas. Co., 2011 U.S. Dist. LEXIS 16730 (S.D. Ind.)

State Auto. Mut. Ins. Co. v. Flexdar, Inc., 937 N.E.2d 1203 (Ind. Ct. App. 2010) (one of Mealey’s Litigation Report: Insurance's ten most significant insurance coverage decisions of 2010)

City of Mishawaka v. Uniroyal Holding, Inc., 2009 U.S. Dist. LEXIS 15135 (N.D. Ind.)

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

Travelers Cas. and Sur. Co. v. U.S. Filter Corp., 895 N.E.2d 1172 (Ind. 2009)

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

Air Liquide Am. L.P. v. Indep. Welding Distrib. Coop., Inc., 2008 U.S. Dist. LEXIS 47184 (S.D. Ind.)

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)

Cooper Industries, LLC v. City of South Bend, 863 N.E.2d 1253 (Ind. Ct. App. 2007)

Golson-Dunlap v. Am. Motorists Ins. Co., 2007 U.S. Dist. LEXIS 22699 (S.D. Ind.)

Reliance Ins. Co. v. Raybestos Prods. Co., 2007 U.S. Dist. LEXIS 5487 (S.D. Ind.)

City of Mishawaka v. Uniroyal Holding Inc., 2006 WL 163007 (N.D. Ind.)

Air Liquide Am., L.P. v. Indep. Welding Distrib. Coop., Inc., 2006 U.S. Dist. LEXIS 54881 (S.D. Ind.)

Wellman Thermal Systems Corp. v. Columbia Cas. Co., 2005 WL 4880619 (S.D.Ind.)

City of South Bend, Inc. v. Century Indemnity Co., 824 N.E.2d 794 (Ind. Ct. App. 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)

Bastin v. First Ind. Bank, 694 N.E.2d 740 (Ind. Ct. App. 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)

State ex rel. McReynolds v. Petroleum Marketers Mut. Ins. Co., 1994 Tenn. App. LEXIS 557 (Tenn. Ct. App.)

Riverside Oil, Inc. v. Federated Mut. Ins. Co., 1994 WL 904293 (C.D. Ill.)


Publications & Speaking Engagements

2011
Speaking Engagement
 

Presenter and panelist, "Brownfield Funding Options: Liability Claims Against Polluters and Their Insurers."  2011 Indiana State Bar Association Annual Meeting.  Sponsored by the Environmental Law Section.  Fellow panel member is Chris Harrell, former Brownfield Redevelopment Coordinator for the City of Indianapolis, Division of Community Economic Development.

 
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, American Bar Association, Section of Litigation, Subcommittee on Insurance Coverage Litigation

Member, Indiana Bar Association, Environmental Law Section

Member, Indianapolis Bar Association, Environmental Law Section


Honors

2012   Selected for inclusion in Indiana Super Lawyers -- Insurance Coverage

 
2011  

Martindale-Hubbell AV Peer Review Rating

 
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 

 
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

2010-11 Managing Partner, Plews Shadley Racher & Braun LLP

2000- present Partner, Plews Shadley Racher & Braun LLP

1993- 1999 Associate, Plews Shadley Racher & Braun LLP


Client Alerts

March 23, 2012   Flexdar Decision Reaffirms Ambiguity of Absolute Pollution Exclusion
By Sean M. Hirschten
 
February 16, 2012   16 PSRB Attorneys Recognized by Indiana Super Lawyers and Indiana Rising Stars for 2012
By Plews Shadley Racher & Braun LLP
 
July 7, 2011   Recent Insurance Coverage Highlights – Arguments in Four Cases
By Jeffrey D. Featherstun
 
December 6, 2010   Appeals Court Finds "Function in Your Business" Pollution Exclusion Overbroad and Unenforceable
By Jeff Featherstun and Sean Hirschten
 
September 16, 2010   US News & World Report Annual Ranking of Best Law Firms: Firm's Environmental and Insurance Practice Areas Ranked Tier 1
By Plews Shadley Racher & Braun LLP
 
 
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