Name: Stephen J. Peters
Item: Stephen J. Peters
Author: speters

Bio

STEPHEN J. PETERS, PARTNER

Steve handles high exposure civil litigation and appeals before state and federal courts and administrative agencies. He handles insurance coverage litigation, employment and civil rights claims, professional liability disputes and business litigation. His insurance coverage practice encompasses a variety of claims including declaratory judgment/bad faith litigation, construction defects, commercial general liability, errors and omissions liability, reinsurance, policy recission and reformation and many others. In addition, Steve has extensive appellate experience, having served as primary or amicus curiae counsel in over 150 appeals in Indiana and other jurisdictions on important issues affecting insurance, tort and business law. He was selected in 2011 as a Fellow of the Litigation Counsel of America, a trial lawyer honorary society comprised of less than one-half of one percent of American lawyers. Fellowship in this organization is highly selective and by invitation only. He has been included on the annual lists of Best Lawyers in America and Indiana Super Lawyers. He also served for six years as a contributing editor of the CGL Reporter – published quarterly by the International Risk Management Institute, Inc.

REPRESENTATIVE PUBLISHED CASES/NOTABLE CASES

RCM Phoenix Partners, LLC v. 2007 East Meadows, LP, 118 N.E.3d 756 (Ind. Ct. App. 2019) (affirming trial court’s judgment after bench trial that properly filed lis pendens notices did not constitute slander of title, and reaffirming that properly filed lis pendens notices are absolutely privileged under Indiana law)
M Jewell, LLC v. Bainbridge, 113 N.E.3d 685 (Ind. Ct. App. 2018) (affirming trial court’s summary judgment order holding that tax sale purchaser was not a third-party beneficiary to agreements between county and entity which conducted tax sale)
State v. Norfolk Southern Ry. Co., 107 N.E.3d 468 (Ind. 2018) (amici curiae representation of two former Chairmen of the Federal Surface Transportation Board in successful transfer petition to the Indiana Supreme Court with published opinion holding that, as a matter of first impression, Indiana’s blocked-crossing statute was preempted by the Federal Interstate Commerce Commission Termination Act)
SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015) (amicus curiae representation of the Property Casualty Insurers Association in successful transfer petition to the Indiana Supreme Court with published opinion holding that, as a matter of first impression, attorneys’ fees were not recoverable damages under Indiana’s General Wrongful Death Statute if the decedent was survived by a spouse and/or dependents)
Minnesota Lawyers Mut. Ins. Co. v. Conour, 2014 WL 5089290 (S.D. Ind., October 8, 2014) (obtained summary judgment for insurer rescinding professional liability policies due to material misrepresentations and omissions in policy applications by lawyer and his law firm regarding multi-year embezzlement scheme
Thompson, Inc. v Ins. Co. of Am., 11 N.E.3d 982 (Ind. Ct. App. 2014) trans. denied (recognizing pro rata allocation method, rather than “all sums” allocation method, for long tail claims for former factory workers’ bodily injury/wrongful death class action against company in Taiwan)
Thomson Inc. v Continental Cas. Co., et al., 976 N.E.2d 763, (Ind. Ct. App., 2012) trans. denied (Affirming on grounds of comity, trial court’s summary judgment order giving deference to California court’s judicial determination of no coverage for environmental claims regarding contamination sites in California and the United Kingdom; written commendation in opinion for “high quality” of advocacy at oral argument)
DBL Axel LLC v LaSalle Bank National Association, 2011 WL 490538 (Ind. Ct. App. 2010) rev’g 936 N.E.2d 326 (Ind. Ct. App. 2010) (as replacement appellate counsel was granted rehearing, thereby reversing trial court’s $1.4 million immediate turnover of funds in commercial real estate dispute)
Quanta Indemnity v Davis Homes, LLC, 606 F.Supp. 2d 941 (S.D. Ind. 2009) (in case of first impression, “deemer” clause in commercial general liability policy trumped multiple trigger of coverage adopted by prior Indiana case law; summary judgment granted finding no coverage owed by subsequent insurer for wrongful death/suicide claim where initial occurrence/injury and notice to prior insurer arose during prior insurer’s policy term)
The Winerton, LLC v Winerton Investors, LLC., 900 N.E.2d 754 (Ind. Ct. App. 2009) trans. denied (vacated $774,000 damages verdict and entered summary judgment for defendant in breach of contract/specific performance action over sale of multi-tenant office park)
Amerisure, Inc. v Wurster Construction Co., Inc., 818 N.E.2d 998 (Ind. Ct. App. 2004) (no coverage for construction defects claim under commercial general liability policy; written commendation in opinion for “outstanding quality” of appellate briefs)
Meridian Mut. Ins. Co. v Purkey, 769 N.E.2d 1179 (Ind. Ct. App. 2002) (Indiana Court of Appeals ruled no coverage for claims for damage under commercial general liability policy arising from an explosion and fire with resulting damages to a city block in Cicero, Indiana; written commendation in opinion for “superb oral and written advocacy”)
Cincinnati Ins. Co. v Wills, 717 N.E.2d 151 (Ind. 1999) (insurer’s use of house counsel to represent insureds in liability suits does not necessarily constitute the unauthorized practice of law and is permissible absent conflict of interest; amicus curiae for Indiana Chamber of Commerce, American Corporate Counsel Association, Insurance Institute of Indiana, Inc., Indiana Manufacturers Association, and others)
Richey v. Chappell, 594 N.E.2d 443 (Ind. 1992) (insured-insurer privilege recognized in Indiana)
Webb v. Jarvis, 575 N.E.2d 992 (Ind. 1991) (formulated and advocated three-part test adopted in determining whether a duty of care existed to support a negligence claim)

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

Indianapolis Bar Association (Executive Committee – Litigation Section, 2004 to Present; Secretary, 2006 – 2007; Vice Chair, 2007 – 2008; Chair Elect 2008 -2009; Chairman, 2009 -2010; Immediate Past Chairman, 2011; Executive Committee -Appellate Practices Section, 2006 to Present; Treasurer, 2010; Secretary, 2011, Vice-Chair, 2012, Chair Elect, 2013; Chair, 2014; CLE Subcommittee Chair-2010 to 2013; Nominating Committee, 2010)
The Indiana Appellate Institute
Indiana Bar Association
Indianapolis Bar Foundation (Executive Committee, 2009 – 2013)
Lawyers Club of Indianapolis (Secretary, 2005 – present)
Bar Association for the U.S. Court of Appeals for the Seventh Circuit
American Bar Association (TIPS Insurance Coverage Litigation Committee)
DRI – The Voice of the Defense Bar (Insurance Law and Employment Law subcommittees)
Litigation Counsel of America (Fellow, 2011 to present)

HONORS AND AWARDS

Best Lawyers in America^{^®} for Appellate Practice, Commercial Litigation, Insurance Law and Litigation-Construction, 2013 – 2019
Martindale-Hubbell’s highest rating-AV Preeminent™ Peer Review Rated
Indiana Super Lawyer in Appellate, Insurance Coverage and Business Litigation, Indiana Super Lawyers, a Thomson Reuters publication, 2009 – 2019
Litigation Counsel of America (Fellow, 2011 to present)
Indianapolis Bar Foundation, Distinguished Fellow, 2008

PUBLISHED WORKS AND PRESENTATIONS

“You Can Do That in an Appeal?”, Moderator/Panelist, Indianapolis Bar Association, June 2018
“The Ethics of Dealing With Insurance Companies in the Litigation Context,” Moderator/Panelist, Indianapolis Bar Association, August 2014
“Interlocutory Appeals,” Moderator/Panelist, Indianapolis Bar Association, December 2013
“Appellate Roundtable,” Moderator/Panelist, Indianapolis Bar Association, May 2011
“Strategic and Tactical Considerations in Drafting Dispositive Motions,” Guest Lecturer, Indiana University McKinney School of Law, Advanced Legal Writing Classes, March 2011
“Advance Insurance Law,” Panelist/Presenter, Indiana Continuing Legal Education Forum, Masters Level CLE, July 2010
“Preserving Appellate Error,” Moderator/Panelist, Indianapolis Bench-Bar Association Conference, Louisville, Kentucky, June 2010
“64 Things Every Practitioners Should Know About Insurance Law: 8 Things to Know About Declaratory Judgment Practice,” Panelist, Indiana Continuing Legal Education Forum, December 2009
“Preserving Appellate Error: How To Make And Avoid Waiver Arguments On Appeal,” Moderator/Panelist, Indianapolis Bar Association, August 2009
“Transfer, Rehearing and Supreme Court Proceedings,” Moderator/Panelist, Indianapolis Bar Association, April, 2009
“Advance Insurance Law,” Panelist/Presenter, Indiana Continuing Legal Education Forum, Masters Level CLE, French Lick Resort, Indiana, August, 2008
“Interlocutory Appeals,” Moderator/Panelist, Indianapolis Bar Association, June 2008
“Removal/Remand 101,” Moderator/Panelist, Indianapolis Bar Association, April 2008
“Preserving Appellate Error at the Trial Court,” Moderator/Panelist, Indianapolis Bar Association, April 2007
“The Battle Before the Battle: Venue and Choice of Law Disputes in Insurance Coverage Litigation,” American Bar Association Tort, Trial & Insurance Practice Section (TIPS), 15th Annual Insurance Coverage Litigation Committee Midyear Program, Tucson, AZ, February 2007
“Making and Opposing Post-Trial Motions in State and Federal Courts,” Moderator/Panelist, Indianapolis Bar Association, October 2006
“Bad Faith Principles in Indiana – A to Z,” Panelist/Presenter, Indiana Continuing Legal Education Forum, Masters Level CLE Seminar, Bloomington, Indiana, August 2006
“Is an “Occurrence” Just Another Tautology?,” Panelist/Presenter, Insurance Coverage and Claims Institute, Defense Research Institute, Chicago, Illinois, May 2006
“Practical Dos & Don’ts of Jury Trials in Federal and State Court,” Seminar Chair/Moderator, Indianapolis Bar Association, 2005
“An Analysis of the Commercial Liability Policy in Business Litigation,” Panelist/Presenter, Indiana Continuing Legal Education Forum, Masters Level, CLE Seminar, March 2005 and Indiana University Bloomington, Indiana, 2005

COMMUNITY INVOLVEMENT

The Hawthorns Golf and Country Club (Advisory Board of Governors, 1996 – 2006; Club President, 2001 – 2004)
Hamilton Proper Community Association (Board of Directors, 2009 – 2011; President, 2009 to 2011)

BAR & COURT ADMISSIONS

Indiana, 1981
Indiana Supreme Court, 1981
U.S. District Court, Southern District of Indiana, 1981
U.S. District Court, Northern District of Indiana, 1983
U.S. Seventh Circuit Court of Appeals, 1982
U.S. Supreme Court, 1985
Admitted pro hac vice in Kentucky, Tennessee and Illinois

EDUCATION

Indiana University Mauer School of Law (Bloomington),
J.D., 1980
Amherst College, cum laude,
B.A., 1977

Stephen J. Peters

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