Richard K. Shoultz

Published Appeals:

• Martins v. Hill, 121 N.E.3d 1066 (Ind. Ct. App. 2019). Counsel for Defendant, arguing on appeal that the trial court erroneously granted a motion to enforce settlement. The Indiana Court of Appeals reversed the trial court's decision, finding no settlement agreement had been formed.
• School City of Hammond Dist. v. Rueth, 71 N.E. 3d 33 (Ind. Ct. App. 2017), trans. den. Counsel for school and hired to pursue appeal after $500,000 verdict entered against school (represented by a different law firm) on defamation and blacklisting claims. Court of Appeals reversed and entered judgment for school.
• Empire Fire and Marine Ins. Co. v. Frierson, 2016 WL 276482 (Ind. Ct. App. 2016). Counsel for Defendant, arguing for reversal of jury verdict against insurer (represented by a different law firm) for trial court's errors in failure to grant summary judgment in underinsured motorist claim.
• Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, et al, Amicus counsel for The American Casualty Insurers Insurance Association, The National Association of Mutual Insurance Company, and The Property Association of America, addressing availability of liability coverage for allegations of bad faith by a medical insurance company (2015).
• Thompson v. Fields Gutter & Siding, Inc., 18 N.E.2d3d 319 (Ind. Ct. App. 2014) trans den. Counsel for Defendant, arguing that client lacked legal duty to be responsible for an employee's actions in becoming intoxicated outside scope of employment.
• Robinson v. Erie Ins. Exch., 9 N.E.3d 673 (Ind. 2014). Counsel for Amicus Curiae, Insurance Institute of Indiana, Inc., arguing interpretation of limitation on uninsured motorist coverage for property damage claim.
• State of Indiana v. Doe, 987 N.E.2d 1066 (Ind. 2012). Counsel for Amici Curiae, Insurance Institute of Indiana, Inc., Manufacturers Association, and Indiana Chamber of Commerce, Inc., arguing that Indiana's statutory cap on punitive damages should be upheld.
• Emergency Services Billing Corp. v. Allstate Ins. Co., 668 F.3d 459 (7th Cir. 2011). Counsel for Amici Curiae, Insurance Institute of Indiana, Inc., Property Casualty Insurers Assoc. of America, and Wisconsin Insurance Alliance, arguing issue of CERCLA application to volunteer fire department's request to cover cleanup costs after motor vehicle accident.
• Balagtas v. Bishop, 910 N.E.2d 789 (Ind. Ct. App., 2009). Counsel for Amicus Curiae, Insurance Institute of Indiana, Inc., arguing whether insurance company can offer partial uninsured motorists coverage to commercial insured.
• Tri-Etch, Inc. v. Cincinnati Ins. Co., 909 N.E.2d 997 (Ind. 2009). Counsel for Amicus Curiae, Insurance Institute of Indiana, Inc., arguing whether insurance company waives other coverage defenses if it also asserts defense that insured supplied late notice of claim.
• Bush v. State Farm Mut. Auto Ins. Co., 905 N.E.2d 1003 (Ind. 2009). Counsel for Amici Curiae, Insurance Institute of America, Inc. and National Association for Mutual Insurance Companies, arguing whether "bodily injury" requirement in policy for uninsured motorist coverage violated Indiana public policy.
• Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008). Counsel for Amici Curiae, Insurance Institute of America, Inc. and National Association for Mutual Insurance Companies, arguing statute of limitations for remediation on environmental claim.
• Midtown Chiropractic v. Illinois Farmers Ins. Co., 847 N.E.2d 942 (Ind. 2006). Counsel for Amici Curiae, Insurance Institute of Indiana, Inc. and Property Casualty Insurers Association of America, on the issue of whether creditors of plaintiffs can bring direct actions against defendant insurance carriers.
• Barclay v. State Auto Insurance Companies, 831 N.E.2d 745 (Ind. 2005) trans. den., Counsel for Amici Curiae, Insurance Institute of Indiana, Inc. and Property Casualty Insurers Association of America, arguing policy interpretation by Court of Appeals and impact on insurance industry.
• Menefee v. Schurr, et. al., 751 N.E.2d 757 (Ind. Ct. App. 2001) trans. den., 774 N.E.2d 511 (Ind. 2002). Counsel for Amicus Curiae, Insurance Institute of Indiana, Inc., arguing issue of cause of action for third party bad faith by insurance company.
• Jesse v. American Comm. Mut. Ins. Co., 735 N.E.2d 238 (Ind. 2000). Counsel for Amicus Curiae, Insurance Institute of Indiana, Inc., arguing issue of rescission of insurance policy for material misrepresentation.
• Economy Fire & Cas. Co. v. Collins, 643 N.E.2d 382 (Ind. Ct. App. 1994) trans. den. Counsel for Amicus Curiae, Indiana Insurance Institute, arguing issue of insurance company liability for excess verdicts.
• Richey v. Chappell, 594 N.E.2d 443 (Ind. 1992). Counsel for Amicus Curiae, Indiana Defense Lawyers Association, arguing issue of discoverability of insureds statement to insurer.
   

• Martindale-Hubbell Peer Review Rated AV® Preeminent
• The Best Lawyers in America®, 2013-2022
  • Best Lawyers' 2021 Insurance Law "Lawyer of the Year" in Indianapolis
• Indiana Super Lawyers®, 2010-2022

• ALFA International
  
  • Insurance Practice Group - Steering Committee
• American Bar Association
  • Litigation Section
  • Insurance Coverage Section
• DRI (formerly Defense Research Institute)
• Defense Trial Counsel of Indiana
  • Board of Directors, 2019 - present
  • Legislative Chair, Insurance Coverage Committee, 2009 - 2010
  • Secretary, Insurance Coverage Section, 2001-2002
  • Appellate Advocacy Liaison of Young Lawyers Committee, 1998 - 1999
• Indiana State Bar Association
• Indianapolis Bar Association
• International Association of Defense Counsel

• "Indiana Court of Appeals Concludes That MCS-90 Endorsement Applies to Intrastate Motor Carrier Travel," Lewis Wagner Insurance Law Alert, June 10, 2021.
• "Court of Appeals Upholds Insurer's Introduction of Medical Bills at UIM Trial Even Though Plaintiff Sought No Recovery for Those Bills," Lewis Wagner Insurance Law Alert, June 7, 2021.
• "Indiana Supreme Court Reverses Summary Judgment for Insurer in Coverage Dispute Over Ransomware Attack," Lewis Wagner Insurance Law Alert, April 16, 2021.
• "Court of Appeals Determines Insured Owes Indemnity/Insurance Coverage Despite Having Self-Insured Retention on Insurance Policy," Lewis Wagner Insurance Law Alert, February 11, 2021.
• "Looking Forward to Simple Pleasures Whenever We Return to Normal," The Indiana Lawyer, October 28, 2020.
• "Indiana Supreme Court Holds That UIM Insurer's Right to Offset Payments by 'Legally Responsible' Parties Does Not Include Payments by Other UIM Insurers," Lewis Wagner Insurance Law Alert, October 16, 2020.
• "Indiana Court of Appeals Affirms That Insurers Are Not Required to Offer UIM Coverage to Insured Acquiring Umbrella Policies," Lewis Wagner Insurance Law Alert, September 29, 2020.
• "Indiana Court of Appeals Finds That Scooter Operator Was Not Entitled to Underinsured Motorist Coverage," Lewis Wagner Insurance Law Alert, August 26, 2020.
• "Seventh Circuit Holds That 'Known Claim' and 'Intended or Expected Injury' Exclusions Bar Coverage for $50.56 Million Judgment Against Insured," Lewis Wagner Insurance Law Alert, July 21, 2020.
• "Indiana Court of Appeals Determines That Liability Insurer Is Not Responsible for Alleged Malpractice of Defense Attorney Hired to Defend Its Insured," Lewis Wagner Insurance Law Alert, June 18, 2020.
• "Court of Appeals Holds That Ransomware Attack Did Not 'Fraudlulently Cause' Insured to Buy Bitcoin to Pay Ransom," Lewis Wagner Insurance Law Alert, April , 2020.
• "Court of Appeals Holds That Insured's Medical Lien Does Not Reduce Liability Limit of Tortfeasor's Policy for Determining Whether Tortfeasor is Underinsureed," Lewis Wagner Insurance Law Alert, April 6, 2020.
• "Indiana Court of Appeals Holds That Insurer Owes Duty of Good Faith to Non-policyholder Insured," Lewis Wagner Insurance Law Alert, February 24, 2020.
• "Insurer Exposed to Potential Liability Above Policy Limits for Failing to Notify Claimant of Interpleader Action," Lewis Wagner Insurance Law Alert, January 31, 2020.
• "Indiana Court of Appeals Finds Issue of Fact Over Whether School's Insurer Actions Estopped School From Asserting Plaintiff's Failure to Provide Tort Claims Notice Defense," Lewis Wagner Insurance Law Alert, November 8, 2020.
• "Insured's Voluntay Intervention in Lawsuit Did Not Trigger Insurer's Duty to Defend Against 'Suit'," Lewis Wagner Insurance Law Alert, November 6, 2020.
• "Workplace Violence: What Can an Employer Do to Minimize the Risk?" The Indiana Lawyer, October 31, 2019.
• "Indiana Court of Appeals Finds That Liability Insurer's Interest in Underlying Litigation Was Insufficient to Allow it to Particpate to Avoid Effects on Future Litigation," Lewis Wagner Insurance Law Alert, October 9, 2019.
• "Indiana Court of Appeals Holds That Anti-Stacking and Offset Clauses Barred Insured's Recovery Under Auto Policy," Lewis Wagner Insurance Law Alert, October 4, 2019.
• "Indiana Court of Appeals Determines That Insurer's Insurance Quote Language Was to Permit Insured's Fraud Claim Seeking Coverage For Computer Hacker Loss," Lewis Wagner Insurance Law Alert, August 16, 2019.
• "Court of Appeals Enforces Liability Exclusion For Claim by Minor Child in the Care of Named Insured," Lewis Wagner Insurance Law Alert, June 28, 2019.
• "Indiana Court of Appeals Permits Named Insured Under Commercial Auto Policy to Purchase UIM Limits That Were Less Than Liability Limits," Lewis Wagner Insurance Law Alert, May 2, 2019.
• "Indiana Court of Appeals Holds That Landord's Insurer Could Not Pursue Subrogation Claim Against Tenant For Damage To Leased Property," Lewis Wagner Insurance Law Alert, January 25, 2019.
• "A Federal Court In California Addresses Whether Coverage Is Available To Drone Operator After It Strikes Wedding Attendee," Lewis Wagner Insurance Law Alert, January 9, 2019.
• "Seventh Circuit Court of Appeals Determines That TV Satellite Provider Lawsuit Against Insured That Did Not Pay Proper Subscription Rate Was Not Covered As a Defamation Claim," Lewis Wagner Insurance Law Alert, December 19, 2018.
• "Court of Appeals Affirms Evidentiary Privilege Protection of Insured-Insurer In Bad Faith Litigation," Lewis Wagner Insurance Law Alert, November 27, 2018.
• "Florida Supreme Court Reinstates Bad Faith Verdict Against Insurer Despite Its Offer of Insured Policy Limits within Nine (9) Days of Accident," Lewis Wagner Insurance Law Alert, November 20, 2018.
• "Indiana Court of Appeals Holds That Insured's Two Wrongs Were One Occurence," Lewis Wagner Insurance Law Alert, November 14, 2018.
• "Federal District Court Addresses Whether Liability Insurance Coverage Existed For College Student's Sexual Assault Claims Against Fellow Student," Lewis Wagner Insurance Law Alert, November 9, 2018.
• "Indiana Court of Appeals Determines That Insured's Delay of At Least Nine Years In Giving Notice To Insurer of Environmental Liability Claim Resulted In Prejudice To The Insurance Company," Lewis Wagner Insurance Law Alert,  November 2, 2018.
• "Indiana Court of Appeals Determines That Named Insured Cannot Recover Uninsured Motorist Coverage While Riding As A Passenger In His Own Vehicle," Lewis Wagner Insurance Law Alert, October 19, 2018.
• "Indiana Court of Appeals Holds Insurer's Effort To Collect Subrogation Lien From Insured's Attorney Subject to Two-Year Statute of Limitations," Lewis Wagner Insurance Law Alert, September 20, 2018.
• "Court Of Appeals Determines That Insurance Agent Lacked Legal Duty To Motorist Injured In Automobile Accident With Customer Who Sought Insurance Coverage From The Agent," Lewis Wagner Insurance Law Alert, August 10, 2018.
• "Indiana Court of Appeals Refuses To Apply Business Use Exclusion To Auto Policy For Home Healthcare Worker Traveling Between Jobs," Lewis Wagner Insurance Law Alert, June 1, 2018.
• "Indiana Court of Appeals' Decision Holds That Injured Motorist's Release With One Alleged Tortfeasor Barred Claims Against All Alleged Tortfeasors," Lewis Wagner Insurance Law Alert, June 1, 2018.
• "Indiana Court of Appeals Remands Case For Trial Court To Determine If Landlord's Insurer Has Viable Subrogation Claim Against Tenant," Lewis Wagner Insurance Law Alert, March 23, 2018.
• "Federal Court Outlines Characteristics of Proper Insurance Company Reservation of Rights Letter," Lewis Wagner Insurance Law Alert, March 2, 2018.
• "Seventh Circuit Affirms Jury Determination That Insured Resided In Home Destroyed By Fire And Was Properly Awarded Home's Actual Cash Value Damages," Lewis Wagner Insurance Law Alert, February 27, 2018.
• “Indiana Court Of Appeals Requires Health Insurer To Pay Medical Expenses Incurred During Grace Period For Late Premiums,” Lewis Wagner Insurance Law Alert, January 25, 2018.
• “Indiana Supreme Court Denies Transfer of Case Holding That Insurer Has No Duty to Defend Additional Insured Until Named Insured Satisfies Self-Insured Retention, Lewis Wagner Insurance Law Alert, November 13, 2017.
• “Where tortfeasor's insurer denied coverage because of his breach of cooperation clause, the tortfeasor was considered "uninsured motorist" to allow plaintiff to recover uninsured motorist benefits,"Lewis Wagner Insurance Law Alert, October 9, 2017.
• "In an unpublished decision, Court of Appeals enforces property policy language limiting insurer coverage obligation to actual cash value of destroyed home," Lewis Wagner Insurance Law Alert, June 13, 2017.
• "Court holds that death resulting from road-rage incident did not arise out of the use of the insured's auto," Lewis Wagner Insurance Law Alert, April 27, 2017.
• "Seventh Circuit concludes that exclusion did not apply to named insured friend's lawsuit for injuries sustained while walking dog," Lewis Wagner Insurance Law Alert, August 29, 2016.
• "Supreme Court finds insurance policy ambiguous in comparing policy limitation of action clause to policy's requirement for exhaustion of tortfeasor's policy limits in UIM case," Lewis Wagner Insurance Law Alert, August 24, 2016.
• "Court of Appeals interprets whether student's operation of car during a school class qualified for insurance coverage under school's policy," Lewis Wagner Insurance Law Alert, August 4, 2016.
• “Indiana Appellate Court refuses to determine, as a matter of law, that proposed insured was "resident" of another's "household" in order to be entitled to insurance coverage,” Lewis Wagner Insurance Law Alert, March 7, 2016.
• "Seventh Circuit affirms motion to dismiss insured claim for personal injury insurance claim for personal injury insurance coverage based upon lack of publication in defamation claim," Lewis Wagner Insurance Law Alert, December 15, 2015.
• "The Court of Appeals enforces contractual limitation of action provision on UIM claim," Lewis Wagner Insurance Law Alert, November 19, 2015.
• "The Court of Appeals concludes that insurer did not breach duty of good faith by recommending cleaning contractor to insured after fire," Lewis Wagner Insurance Law Alert, September 9, 2015.
• "The District Court concluded that general liability insurance policy did not cover shooting event outside adult cabaret," Lewis Wagner Insurance Law Alert, August 19, 2015.
• "Indiana Supreme Court adopts case-by-case approach to admission of coverage limits in UM/UIM cases," Lewis Wagner Insurance Law Alert, July 9, 2015.
• "Indiana Supreme Court determines that waiver of subrogation provision applies to claims for all damages covered by insurance," Lewis Wagner Insurance Law Alert, June 4, 2015.
• "Seventh Circuit Determines that Insurance Adjuster Does Not Owe Duty to Third Party Claimant," Lewis Wagner Insurance Law Alert, March 23, 2015.
• "Court of Appeals Addresses Application of Primary Insurance Statutes When Two Insurance Policies Do Not Conflict On Primary Coverage," Lewis Wagner Insurance Law Alert, March 16, 2015.
• "Court of Appeals Analyzes Whether Insured's Replacement of Damaged Property Required Insurer to Pay Replacement Costs Coverage," Lewis Wagner Insurance Law Alert, December 8, 2014.
• "Indiana Court of Appeals Adopts Case by Case Approach on Landlord's Ability to Subrogate Against Tenant," Lewis Wagner Insurance Law Alert, December 2, 2014.
• "Court Concludes that Adverse Result of Insured’s Small Claims Court Decision Bars Subrogated Insurer’s Claim Arising from Same Automobile Accident," Lewis Wagner Insurance Law Alert, August 26, 2014. 
• Indiana Law Review, "Survey of Recent Developments in Insurance Law," 47 Ind. L. Rev. 1111, 2014.  
• “Supreme Court Analyzes Underinsured Motorist Setoff Provision For Workers’ Compensation Payments," Lewis Wagner Insurance Law Alert, August 12, 2014.
• “Court Excuses Insurer from Coverage Obligation Because of Late Notice of Lawsuit from Insured Despite the Insured’s Lack of Knowledge,” Lewis Wagner Insurance Law Alert, March 5, 2014.
• “Indiana Court of Appeals Determines that an Insurance Agency Owed a Special Duty to Advise Its Insured About Insurance Coverages and that Insurance Company Could Be Vicariously Liable for Agent's Actions,” Lewis Wagner Insurance Law Alert, February 26, 2014.
• “Indiana Court of Appeals Finds that Uninsured Limits are Irrelevant as Evidence at Trial,” Lewis Wagner Insurance Law Alert, February 19, 2014.
• “Indiana Court of Appeals Rejects Application of “Innocent Co-Insured” Doctrine,” Lewis Wagner Insurance Law Alert, January 21, 2014.
• “Indiana Court of Appeals Enforces “Battery” Exclusion to Bar Owner’s Policy,” Lewis Wagner Insurance Law Alert, December 11, 2013.
• “Indiana Court of Appeals Determines that Insured is Entitled to Uninsured Motorist Coverage for Property Damage Claim,” Lewis Wagner Insurance Law Alert, August 29, 2013.
• “Indiana Supreme Court Upholds Indiana's Cap and Allocation of Punitive Damage Awards,” Lewis Wagner Insurance Law Alert, May 31, 2013.
• “Indiana Court of Appeals Enforces Arbitration Clause in Underinsured Motorist Claim,” Lewis Wagner Insurance Law Alert, May 1, 2013.
• “Indiana Supreme Court Determines that Sexual Molestation by a Motel Employee is Excluded Under Commercial General Liability Policy,” Lewis Wagner Insurance Law Alert, April 11, 2013.
• “Indiana Supreme Court Determines that Pre-Judgment Interest May Apply to Underinsured Motorist Claims,” Lewis Wagner Insurance Law Alert, January 16, 2013.
• Indiana Law Review, "Survey of Recent Developments in Insurance Law," 46 Ind. L. Rev. 1141, 2013. 
• Indiana Law Review, “Survey of Recent Developments in Insurance Law,” 45 Ind. L. Rev. 1227, 2012.
• Indiana Law Review, “Survey of Recent Developments in Insurance Law,” 44 Ind. L. Rev. 1337, 2011.
• Indiana Law Review, “Survey of Recent Developments in Insurance Law,” 43 Ind. L. Rev. 815, 2010.
• Indiana Law Review, “Survey of Recent Developments in Insurance Law,” 42 Ind. L. Rev. 1055, 2009.
• Indiana Law Review, “Survey of Recent Developments in Insurance Law,” 41 Ind. L. Rev. 1115, 2008.

• Don't Do That! Common Mistakes That Lead to Litigation, ALFA  International 2022 Insurance & Professional Liability Seminar, June 22-24, 2022, Moderator.
• Animal House: Homeowner's Coverage Issues Related to Pets and Other Animals, Indianapolis Bar Association, September 13, 2017.
• 20th Annual Trial Advocacy Skills College, Indiana Continuing Legal Education Forum, March 18-19, 2017, Faculty Member.
• 19th Annual Trial Advocacy Skills College, Indiana Continuing Legal Education Forum, March 17-18, 2016, Faculty Member.
• Recent Insurance Law Decisions, Indiana Department of Insurance, September 18, 2015.
• Qualified Settlement Offers / Pre-Judgment Interest Demands / Proposals for Settlement, Personal Injury Claims: The Insurance Defense Perspective, National Business Institute, August 21, 2015. 
• Real World Mediation and Trial Tactics, Personal Injury Claims: The Insurance Defense Perspective, National Business Institute, August 21, 2015.
• 18th Annual Trial Advocacy Skills College, Indiana Continuing Legal Education Forum, March 18-22, 2015, Faculty Member.
• As Judges See It: Best (and Worst) Practices in Civil Litigation, National Business Institute, November 7, 2014, Moderator.
• Insurance Coverage Litigation 2013, Causes of Action/Pleadings: Current Issues and Emerging Trends, Discovery Tactics and Disputes, National Business Institute, November 14, 2013.
• Insurance Coverage Issues Inside and Out, Indiana Continuing Legal Education Forum, October 2, 2013.
• The Art of the Settlement, National Business Institute, November 16, 2012.
• Arson for Profit, Indiana Chapter of Indiana Association of Special Investigator Units, October 4, 2012.
• Construction Accident Litigation, Indiana Continuing Legal Education Forum, December 6, 2012.
• The Art of the Settlement,  National Business Institute, November 16, 2012.
• Arson for Profit,  International Association of Special Investigation Units, Indiana Chapter, October 4, 2012.
• Uninsured/Underinsured Motorist Law 101, National Business Institute, September 4, 2011.
• Handling the Auto Injury Claim, National Business Institute, April 15, 2011.

• Hanover College
  • Alumni Recruitment Team (HART) 2018 - present
  • Alumni Board, 2008 – 2011
  • Alumni Board for Indianapolis, 2006
  • Member, Alumni Club of Indianapolis
  • Center for Business Preparation Alumni Leadership Council, 2004 - present
• Judge Pro Tem
  • Marion County Superior Courts 4 and 5 (Civil)
  • Marion County Small Claims Court
    • Perry Township Division
    • Wayne Township Division
• Plainfield Girls Basketball Association Coach
• Plainfield Girls Softball League Coach
• Plainfield United Methodist Church
  • Annual Fish Fry Volunteer
  • Staff Parish Committee Member, 2018-present
  • Endowment Committee Chair, 2007 - 2010
  • Endowment Committee Member, 2015 - 2017
  • Fongo d’Congo Charity Bike Race Committee, 2011 - 2014
• Upward Basketball Girls Coach