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Richard K. Shoultz

Partner

T: 317.453.8640 | Mobile: 317.258.2147
F: 317.630.2790
E: rshoultz@lewiswagner.com

Legal Assistant

Laurie Lee

T: 317.237.0500
E: llee@lewiswagner.com

Biography

Read Articles by Richard K. Shoultz

Rick provides clients with skilled and responsive representation in the areas of fire loss, insurance, construction, product liability and commercial litigation. For 30 years, he has represented clients in courts of almost every Indiana county, the Indiana appellate courts, and the Seventh Circuit federal courts.

Rick has represented companies, insurers and insureds in fire litigation matters. He has litigated fire cases involving defective products, gas and propane explosions, fire suppression systems and suspected arson. His clients frequently engage him to assist in securing the fire scene and evidence, selecting experts to determine the cause and origin of the fire, and working with government officials and experts during their investigations. He is familiar with the intricacies of fire litigation including NFPA guidelines and code regulations.

Rick also represents clients on insurance litigation matters. Clients frequently ask Rick to analyze and litigate complex insurance coverage questions relating to commercial general liability, automobile, property and homeowner policies. He represents clients in insurance coverage disputes including declaratory judgment actions, bad faith defense and suspected insurance fraud claims. Rick is a frequent author and lecturer on insurance law and trial tactics and co-authors an electronic newsletter highlighting significant Indiana court decisions in the field of insurance law.

After representing clients in attending hundreds of mediations, Rick now provides services as a mediator. Rick is a registered mediator who mediates in all areas of his practice.  Based upon his experience in insurance coverage matters, he feels his services in that area address a need for experienced mediators.

Rick is a former collegiate baseball player, and enjoys playing softball, following his favorite sports teams, studying the Civil War, and traveling.

Experience

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.
     

Honors & Awards

  • Martindale-Hubbell Peer Review Rated AV® Preeminent
  • The Best Lawyers in America® in the field of Insurance Law, 2013-2021
    • Lawyer of the Year - Insurance Law, 2021
  • Indiana Super Lawyers®, 2010-2020
    •  Top 50, Indiana Super Lawyers®, 2018

Professional Associations

  • ALFA International
    • Insurance Practice Group
  • American Bar Association
    • Litigation Section
    • Insurance Coverage Section
  • DRI (formerly Degense 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

Publications

  • "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.

Presentations

  • "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.

Civic & Community Involvement

  • 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

In The News

    Media Mentions

  1. Jan 10, 2019

    DTCI: Meet the 2019 Board of Directors
    The Indiana Lawyer

    Published Articles

  1. Jan 25, 2019

    Insurance Law Alert: INDIANA COURT OF APPEALS HOLDS THAT LANDLORD'S INSURER COULD NOT PURSUE SUBROGATION CLAIM AGAINST TENANT FOR DAMAGE TO LEASED PROPERTY

  2. Jan 09, 2019

    Insurance Law Alert: A FEDERAL COURT IN CALIFORNIA ADDRESSES WHETHER COVERAGE IS AVAILABLE TO DRONE OPERATOR AFTER IT STRIKES WEDDING ATTENDEE

  3. Dec 19, 2018

    Insurance Law Alert: 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

  4. Nov 27, 2018

    Insurance Law Alert: COURT OF APPEALS AFFIRMS EVIDENTIARY PRIVILEGE PROTECTION OF INSURED-INSURER IN BAD FAITH LITIGATION

  5. Nov 20, 2018

    Insurance Law Alert: FLORIDA SUPREME COURT REINSTATES BAD FAITH VERDICT AGAINST INSURER DESPITE ITS OFFER OF INSURED POLICY LIMITS WITHIN NINE (9) DAYS OF ACCIDENT

  6. Nov 14, 2018

    Insurance Law Alert: INDIANA COURT OF APPEALS HOLDS THAT INSURED'S TWO WRONGS WERE ONE "OCCURENCE"

  7. Nov 09, 2018

    Insurance Law Alert: FEDERAL DISTRICT COURT ADDRESSES WHETHER LIABILITY INSURANCE COVERAGE EXISTED FOR COLLEGE STUDENT'S SEXUAL ASSAULT CLAIMS AGAINST FELLOW STUDENT

  8. Nov 02, 2018

    Insurance Law Alert: 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...

  9. Oct 19, 2018

    Insurance Law Alert: INDIANA COURT OF APPEALS DETERMINES THAT NAMED INSURED CANNOT RECOVER UNINSURED MOTORIST COVERAGE WHILE RIDING AS A PASSENGER IN HIS OWN VEHICLE

  10. Aug 13, 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

  11. Jun 01, 2018

    Insurance Law Alert: INDIANA COURT OF APPEALS REFUSES TO APPLY BUSINESS USE EXCLUSION TO AUTO POLICY FOR HOME HEALTHCARE WORKER TRAVELING BETWEEN JOBS

  12. Jun 01, 2018

    Insurance Law Alert: Indiana Court Of Appeals' Decision Holds That Injured Motorist's Release With One Alleged Tortfeasor Barred Claims Against All Alleged Tortfeasors

  13. Mar 23, 2018

    INDIANA COURT OF APPEALS REMANDS CASE FOR TRIAL COURT TO DETERMINE IF LANDLORD'S INSURER HAS VIABLE SUBROGATION CLAIM AGAINST TENANT
    Lewis Wagner, LLP

  14. Mar 02, 2018

    FEDERAL COURT OUTLINES CHARACTERISTICS OF PROPER INSURANCE COMPANY RESERVATION OF RIGHTS LETTER
    Lewis Wagner, LLP

  15. Feb 27, 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, LLP

        Seminars and Speaking Engagements

      1. May 15, 2019

        ALFA International Insurance Roundtable

      2. Apr 26, 2019

        Association of Attorney-Mediators Annual Meeting

      3. Sep 13, 2017

        “Animal House – Homeowner’s Coverage Issues Related to Pets and Other Animals,” Indianapolis Bar Association's Insurance Coverage Committee

        Press Release

        1. Aug 20, 2020

          2021 The Best Lawyers in America®

        2. Feb 07, 2019

          Lewis Wagner Announces 2019 Indiana Super Lawyers & Rising Stars

        3. Aug 15, 2018

          10 lawyers from Lewis Wagner were recognized in The Best Lawyers in America© 2019

        4. Feb 20, 2018

          Lewis Wagner Announces 2018 Indiana Super Lawyers® & Rising Stars

        5. Aug 15, 2017

          Lewis Wagner Attorneys Selected For Inclusion In The Best Lawyers In America® 2018

        6. Feb 15, 2017

          Twenty Lewis Wagner, LLP Attorneys Named on 2017 List of Indiana Super Lawyers and Rising Stars

        7. Aug 15, 2016

          Lewis Wagner attorneys selected by their peers for inclusion in The Best Lawyers in America® 2017

        8. Feb 12, 2016

          Lewis Wagner Attorneys Selected by Indiana Super Lawyers as Top Attorneys
          Indiana Super Lawyers Magazine

        9. Aug 17, 2015

          90% of Lewis Wagner, LLP’s Equity Partners Selected For Inclusion in The Best Lawyers In America 2016; Four Named ‘Lawyer Of The Year’

        10. Feb 13, 2015

          100% of Lewis Wagner's Equity Partners Named Indiana Super Lawyers

        11. Aug 18, 2014

          80% of Lewis Wagner’s Equity Partners Selected for Inclusion in The Best Lawyers In America 2015; Three Named ‘Lawyer Of The Year’

        12. Jul 02, 2014

          DRI And the Defense Wins Indiana Supreme Court sides with insurance industry on how language should be interpreted
          DRI And the Defense Wins

        13. Feb 12, 2014

          70% of Firm Partners named Indiana Super Lawyers®

        14. Aug 15, 2013

          Robert Wagner, Tom Hays, John Trimble, Jerry Hammond, Rick Shoultz, Susan Cline, Dina Cox, Rich Blaiklock & Kyle Lansberry Selected for Inclusion in The Best Lawyers In America 2014

        15. Jun 19, 2013

          DRI And the Defense Wins: The Supreme Court Overturned a Trial Court Ruling That Had Declared That Statutory Caps and Limitations on Punitive Damages Were Unconstitutional
          DRI And the Defense Wins

        Practice Areas

        Bar Admissions

        • State of Indiana, 1990

        Courts of Practice

        • U.S. District Court, Northern District of Indiana, 1990
        • U.S. District Court, Southern District of Indiana, 1990
        • U.S. Court of Appeals for the Seventh Circuit, 1991

        Education

        • Indiana University Robert H. McKinney School of Law, J.D., 1990
        • Hanover College, B.A., 1987