Program Chairs: Scott Faultless and Alexander Limontes
Faculty to include: Matt Schad, Tony Patterson, and Dan Pfeifer 

Our faculty will detail a path to success for your next uninsured or underinsured Motorist case covering such topics as: 

• Case Law Updates on 2021 & 2022 Decision in UM/UIM Cases.
• Trying the UM/UIM Case After COVID. 
• Trying the UM/UIM Case as a Traditional Tort Case Versus Trying the UM/UIM Case as a Contract Case. 
• Policy terms or limitations that have been found void and unenforceable.
• What constitutes a valid rejection of UM/UIM coverage?
• Should you sue the UIM carrier every time in the original complaint? 
• Can an UM/UIM carrier be held responsible for breaching the duty of good faith and fair dealing?
• When are UM/UIM policy limits admissible?
• Subrogation involving UM/UIM Recoveries.
• Settling with Tortfeasor and Preserving UM/UIM Recoveries.

3.8 hours of CLE 

1:00 pm - 1:45 pm
Tony Patterson, Parr Richey Frandsen Patterson Kruse

• Trying the UM/UIM as a Traditional Tort Case
• Focusing on the Plaintiff and their Injuries to Drive Damages
• Avoiding Claims Practices and File Handling

1:45 pm - 2:30 pm
Alex Limontes, Hurst Limontes LLC

• Trying a UM/UIM case like a contract case
• UM/UIM Discovery and Litigation on the Contract or Policy for Insurance
• UM/UIM 30(b)(6) notices of deposition 

2:30 pm - 2:45 pm 
Break 

2:45 pm - 3:30 pm 
Daniel Pfeifer, Pfeifer Morgan & Stesiak 

• Settling with the UIM carrier before resolving claim against tortfeasor
• Settling with the tortfeasor and preserving UIM coverage
• Subrogation involving UM/UIM recoveries. Maximizing your recovery in cases with multiple UIM policies
• Excess UIM coverage, set-offs to UIM limits 
• Making insurers pay for not resolving UM/UIM claims. Recovering pre-judgment interest in excess of the policy limits 

3:30 pm - 4:15 pm 
Matt Schad, Schad & Schad LLC

• How to turn an UM/UIM case into a bad faith case
• Using Discovery to Find Bad Faith
• When are UM/UIM policy limits admissible
• UM/UIM Discovery 

4:15 pm - 5:00 pm
Scott Faultless, Craig Kelley & Faultless

• UM/UIM Decisions from Indiana Courts in 2021 and 2022
• When is a vehicle "uninsured"? 
• When is a vehicle "underinsured"? 
• Is there UM/UIM coverage if liability coverage applies to the insured? 
• Contractual limitation provisions: Should you sue the UIM carrier every time in the original complaint? 
• Does UM/UIM statute permit the reduction of UM/UIM limits by the amount of medical payments benefits paid when the damages exceed the combined limits of the UM/UIM and medical payments coverages? 

5:00 pm
Adjourn 

 

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A native of Indiana, Scott Faultless spent the first 18 years of his life on a farm in Greene County. After graduating from the Indiana University School of Law, Indianapolis, in 1991, he worked as a law clerk under David W. Craig. Their shared interest in protecting and defending injured people throughout their home state eventually took them in the direction of establishing their own firm.

In 1999, Craig, Kelley & Faultless LLC opened its doors, giving Scott and the other Founding partners the opportunity to practice personal injury law and serve the community through both legal channels and ongoing public service campaigns.

In more than 20 years of practice, Scott Faultless has gained considerable litigation experience at the trial court and appellate court levels. He has been named among the Top 100 Trial Lawyers in Indiana by the National Trial Lawyers Association and also selected as an Indiana Super Lawyer. He has argued cases before the Indiana Supreme Court, the Indiana Court of Appeals and the U.S. Court of Appeals for the 7th Circuit in Chicago. In addition, he regularly goes to court with other attorneys in the firm.
Scott is in charge of the appellate practice for the personal injury law firm of Craig, Kelley & Faultless LLC. He enjoys a challenge and is always willing to take difficult or novel issues on appeal in order to help his clients. He is also highly qualified to protect a favorable verdict on appeal if necessary. As with everything the firm does in service of injured parties, Scott is more than willing to appeal a case in an attempt to change or clarify laws that he believes are unjust to those who suffer because of the carelessness of others.
A longtime resident of the Town of Fishers, Indiana, Scott is president of the Town Council, a role in which he has proudly served since 2001. He is also a member and past president of both the Fishers Chamber of Commerce and the Fishers Rotary Club. Scott is an active youth sports coach, volunteering his time to lead his children’s soccer, basketball, baseball and softball teams in Fishers.

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Alex is a bilingual attorney of Cuban decent. Alex is originally from Florida and came up to Indiana in 1999 to play football at Hanover College. Alex went to law school in 2004 and was a law clerk at Mitchell, Hurst, Jacobs and Dick during most of his law school career. He graduated from Indiana University School of Law in Indianapolis in 2007 and began his career as a trial attorney with the Marion County Public Defender Agency. Alex returned to work with Bill Hurst in 2011 and currently focuses his practice on plaintiff’s personal injury work.
Recognitions: Alex has been named a Super Lawyers Rising Star from 2015 to 2020 and Super Lawyers from 2021 to present.  Alex has been named to Best Lawyers in America by US News and World Report from 2019 to present. In 2019. Alex obtained the highest Peer Review Rating that an Attorney can have through Martindale Hubbell and is an AV Rated Attorney by his Peers. He was honored with the Indiana Lawyer’s Leadership in the Law – Up and Coming Lawyer distinction in 2014. He graduated from the Indianapolis Bar Association’s Bar Leader Series – Class X and has served in various capacities for the Indianapolis Bar Association such as: past Chair of the Solo/Small Firm Committee, Diversity Job Fair, Social Chair and Secretary of the Young Lawyers Division, Diversity Job Fair, the Strategic Planning Committee, Litigation Section, Professionalism Committee, Distinguished Fellows, Lifetime Distinguished Fellows, and Membership Task Force.  In 2016, Alex was awarded the Distinguished Leadership Award from the Indianapolis Bar Association’s Young Lawyers Division for his continued work with the Young Lawyers. 
His involvement with the State Bar Association includes serving on the ISBA Diversity Committee, the ISBA Standing Committee on Latino Affairs and the “Talk to a Lawyer” Spanish Line Program.  In 2015, Alex was awarded the ISBA Trailblazer - Abriendo Caminos Award sponsored by the Latino Affairs Committee of the ISBA.  Alex continues to serve on the Latino Affairs Committee for the ISBA. 
Alex believes in community involvement and has worked closely with established Indianapolis organizations such as the Neighborhood Christian Legal Clinic, the Julian Center, and the Muslim Legal Clinic. At the Julian Center, Alex worked almost exclusively with Latino women who were the victims of domestic violence and was able to help all of them either finalize their divorce or secure custody of their children. As a volunteer attorney for the Neighborhood Christian Legal Clinic, Alex assisted a number of undocumented Latinos on their road to citizenship.  Alex has also spoken at three naturalization ceremonies on behalf of the Indianapolis Bar Association.  He has also presented at the Latino Coalition against Domestic Violence on the topic of undocumented worker rights. Alex served as the Chairman of the Board of Directors for the Emberwood Center (an addiction treatment facility that serves a significant portion of the Hispanic Community) & the Vice Chairman of Addiction Services for the Mental Health America of Indiana Board of Directors.  Currently, Alex serves on the Board of Directors for the Rehabilitation Hospital of Indiana Foundation.
Alex has presented CLE’s on a number of topics that involve representing or protecting the rights of Latinos and Hispanic Immigrants.  He has presented on the same or similar topics for the ITLA in the past as well as various other topics for the ITLA and IBA.  Alex has also written articles for the Verdict (ITLA Publication) on topics such as Premises Liability.  
Alex has been on the Executive Committee for the Indiana Trial Lawyers since 2019 and is currently in his second year as the CLE Chair. Before serving on the Executive Committee, he was the Chair of the Young Lawyers Division & organized several community service events including multiple trips to Gleaners Food Bank and donations to the Julian Center.   Alex has also served as Amicus Counsel for the ITLA in Escamilla v. Sheil Sexton. In 2016, Alex was awarded the Max Goodwin Young Lawyer of the Year Award and the President’s Award on behalf of the ITLA.  Alex is a member of the National Trial Lawyers Association and the American Association of Justice. 
He is also licensed to practice law in Florida. He lives in Indianapolis, IN, with his wife and four children

This program has been approved for credit in the following jurisdiction(s):

Indiana Office of Admissions and Continuing Education

Credit has been approved with the Indiana Office of Admissions and Continuing Education for 3.80 Distance Education credits. The Indiana Trial Lawyers Association is an Approved Sponsor with the Indiana Supreme Court's Commission for Continuing Legal Education.

This is an online only seminar. Attendees can join online via Zoom. You'll receive the Zoom link after registering. 

 

 

Written cancellation postmarked two weeks prior to the seminar will be refunded, less a $50 administrative fee, as a credit toward another ITLA seminar, good for one year. If notice of cancellation is received after that date, the administrative fee increases to $100. FULL REFUNDS WILL NOT BE GIVEN, but upon request, we will send you the materials distributed at the seminar.