Jeff Fecht’s practice focuses on insurance coverage and civil litigation. In addition to drafting coverage opinions for insurers, he represents them in insurance coverage litigation including multi-million-dollar environmental pollution claims. Jeff also counsels and defends business clients relating to environmental claims by third parties and governmental agencies.
Jeff also defends clients in construction defect, product liability, personal injury, environmental, premises liability and complex toxic and tort claims.
Jeff also represents and counsels corporate clients with regard to complying with immigration laws and regulations relating to the employment of foreign nationals and assists them in obtaining employment-based work visas.
- Cadeaux Ball Sponsorship Committee (fundraiser for Catholic Social Services)
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- Represented insurers in action where the Indiana Court of Appeals affirmed the trial court’s grant of summary judgment in favor of the insurers against a city seeking insurance coverage for costs related to an underlying USEPA action demanding that the city upgrade its sewer system to prevent future combined sewer overflows.
- Represented insurer in multi-million-dollar environmental coverage action filed by insured. Obtained dismissal of Indiana action in favor of another coverage action filed by the insurer in a more favorable jurisdiction.
- Represented insurer in multi-million-dollar environmental coverage claim by insured relating to contamination at neighboring facility. Case settled on terms favorable to client prior to trial.
- Defended paving contractor against Clean Water Act violations alleged by EPA and IDEM at multiple sites. Claims resolved on terms favorable to client without imposition of civil penalties.
- Defended municipality in IDEM environmental cleanup arising from petroleum spill. Claim resolved favorably with majority of costs reimbursed by Indiana’s Environmental Liability Trust Fund.
- Represented excess insurer in claim for underinsured motorists coverage relating to serious bodily injury. Court of Appeals determined that policy did not provide coverage.
- Defended real estate developer against purchaser’s claims relating to alleged defects in construction of warehouse. Case settled on terms favorable to client prior to trial.
Personal Injury/Product Liability/Premises Liability
- Defended manufacturer in premises liability claim by employee of contractor injured during remodeling project. Obtained summary judgment in favor of client.
- Defended property owners in multiple premises liability claims relating to toxic mold. Cases settled on terms favorable to client prior to trial.
- Defended distributor of dietary supplement in product liability claim by seriously injured consumer. Case settled on terms favorable to client prior to trial.
- Defended restaurant owner in wrongful death dram shop action. Case settled on terms favorable to client prior to trial.
Publications & Presentations
Death of an Expert Witness: What Happens Next?, RBE Blog (2018)
- Fact and expert discovery has been completed, dispositive motions filed and ruled upon, and pre-trial preparations have begun when the opposing party moves to replace its expert witness because the witness has passed away. Immediate thoughts go to how this will impact trial preparations and perhaps even the trial date. To the extent that the deposition of the opposing party went well and limited the scope of the expert’s testimony, there may be significant concerns as to whether the opposing party will now be able to improve its case by designating a new expert. What are the options for responding to the motion to substitute? READ ARTICLE
INSURERS TAKE NOTE: THE EFFECT OF RECENT DECISIONS APPLYING INDIANA’S UM/UIM STATUTE TO COMMERCIAL EXCESS AND UMBRELLA POLICIES, RBE Blog (2017)
- Historically, providers of commercial excess and umbrella liability policies have had very limited success challenging the scope of application of Indiana’s Uninsured/Underinsured (“UM/UIM”) statute. Like all statutes relating to insurance or insurance policies, UM/UIM statutes are to be read in a light most favorable to the insured. In 1999, the Indiana Supreme Court rejected an insurer’s assertion that the UM/UIM statute did not apply to commercial excess UM policies, holding that excess/umbrella policies were required to provide UM coverage unless the legislature created an explicit statutory exemption. READ ARTICLE
- Insurance Coverage: A Master’s Level Symposium
Awards & Recognition
- Indiana Super Lawyers (2014 - 2018), Rising Star (2012 - 2013)
- Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
- Indianapolis Bar Association
- Indiana State Bar Association
- Defense Trial Counsel of Indiana
- Defense Research Institute
- Vanderbilt University, J.D. (1998)
- Vanderbilt University, B.A., cum laude (1995)
- Indiana (1998)