ILNews

2 Taft lawyers behind new ABA book

Back to TopCommentsE-mailPrintBookmark and Share

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.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT