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2 Taft lawyers behind new ABA book

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il-environmental-book01-1col.jpgenvironmental-factbox.gifThe idea for “Environmental Liability and Insurance Recovery” came to Taft Stettinius & Hollister LLP attorneys Frank Deveau and David Guevara while waiting for another environmental-themed book they worked on to be published. In fact, the liability and recovery book, which came out in May, made it out a couple months before the other. Both were published by the American Bar Association.

That languishing book made them insistent that they could get the “Environmental Liability and Insurance Recovery” book out in one year. As editors, they could set the deadlines, hold authors accountable, and get the product to the publisher and printer on their timeline.

The two recognized the aggressive deadline, which they missed by only about six months.

Deveau and Guevara – who have worked with the ABA on other publishing projects – selected the authors to write chapters for this book. And they knew that Indiana has a wealth of knowledge in insurance coverage for environmental liability.

“Indiana has been a leader – right or wrong – in how the law has developed in the country” on insurance coverage for environmental matters, Deveau said. “We thought it’d be a great idea for a compilation of the law throughout the country on this topic.”
 

il-taft-book02-15col.jpg Taft Stettinius & Hollister LLP lawyers Frank Deveau (far left) and David Guevara asked Taft attorney Tom O’Gara (right) and Kightlinger & Gray LLP lawyer Ginny Peterson to write chapters for their new book. (IL Photo/ Perry Reichanadter)

He noted that the firm has offices in Ohio, where the law is not as favorable as Indiana’s, and that state sees contaminated properties sit because there’s no insurance money for them. Indiana and states with laws favorable for insurance recovery are leading the country in terms of brownfield redevelopment, Deveau said.

Guevara said there really isn’t a book like “Environmental Liability and Insurance Recovery” that comprehensively addresses matters involving this area of practice. He hopes lawyers across the country will purchase it and use it as a reference.

Chapters include topics on Superfund liability, the Resource Conservation and Recovery Act, and an insured’s response to environmental liability.

Deveau and Guevara asked attorneys in their office and lawyers around the country for suggestions as to whom should contribute to the book.

“We set our sights high regarding authors,” Guevara said. “We identified a set of what we considered preeminent environmental practitioners.”

Most of the attorneys contacted agreed to write for the book, including three Indianapolis attorneys – Tom O’Gara, of Taft; Ginny Peterson with Kightlinger & Gray LLP; and George Plews of Plews Shadley Racher & Braun LLP.

O’Gara wrote about common state statutory claims, such as illegal dumping and underground storage tanks. Plews’ chapter is on pollution exclusions in insurance policies, and Peterson wrote about the insurer’s response to an environmental liability claim.

Peterson broke out what she thought people would want to know about how insurance companies look at environmental matters and walks people through possible outcomes.

“I wanted people who may not typically practice in this area to also understand it,” she said.

With busy practices and family duties, the authors devoted certain times of the day or weekends to the project, they said. Peterson said she had to set aside a whole day or afternoon to write because it wasn’t something that you could work on for 15 minutes here or there. She estimated it took about four months for her to finish.

Plews said it took him just a couple of weeks to finish his chapter once he had time to focus on it. He’s very familiar with the pollution exclusion – he’s been practicing and litigating in that area for more than 20 years, he said.

The same time constraints for working on the book applied to Deveau and Guevara when it came to editing. Both spent late evenings and weekends working on the publication.

Because they were balancing the demands of their practice with the book, some authors needed to have their deadlines bumped back. Peterson asked for an extension and O’Gara said his needed moved a few times. With his fellow Taft attorneys as the editors, though, he knew exactly where everyone else was in the process and was able “to take advantage of that inside information,” he joked.

When asked why they would give up free time to work on a project like this, everyone said they did so because they learned something from it. The book allowed Peterson to combine her previous experience as a teacher and in the insurance industry with her legal experience. It also is a great tool for professional development.

“I learn from other people because those people have taken time, free of charge most of the time, to educate others,” she said. “I feel a need to do that. I like others to know I have this type of experience.”

“Quite frankly, it does become fun in the process,” Peterson said. “It makes you think about things outside of the case. I always learn in the process. I get as much from the process as I give.”

“I think whenever you sign up to do something like this, you learn something new about the law because it causes you to look at it in great detail and maybe in a fresh perspective because you’re not looking at it from one client’s perspective,” O’Gara said.


plews-george-mug.jpg Plews

Plews was quite happy to contribute to the book his knowledge on the pollution exclusion, which he described as a key topic.

“It’s a very important issue that was really near and dear to my heart,” he said. “I was pleased to contribute to a book which has a lot of other good chapters and distinguished folks from around the country on various topics related to environmental cost recovery.”

He enjoys writing and likes the chance to write outside of briefs. Writing book chapters like this allows him to step back and ask why an issue or policy is the way it is, he said, without the writing being tied to one particular case.

Even though the book is focused on environmental issues and insurance recovery, Plews thinks that it would be helpful to attorneys who practice outside of the environmental area because of the insurance and cost-recovery information.

Deveau and Guevara have heard positive feedback on the book. Guevara said he’s had inquiries from insurance companies for copies of the book and from attorneys who weren’t involved in the project asking how to get copies.

This is the first book that Peterson has worked on and she’d consider contributing to another. If she did, however, she’d begin to work on it earlier.

“It’s always crunch time. That’s how attorneys are though, we work under deadlines.”•

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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