Mark A. Holloway

Senior Counsel

Indianapolis Office
11590 N. Meridian St.
Suite 650
Carmel, IN 46032

Mark Holloway began his career working in the field of property and casualty insurance from 1982 to 1989 for Indianapolis-based Meridian Insurance Company. In 1995 he joined Stephenson Morow & Semler, becoming one of its principals in 2007. He has represented Indiana counties, cities, towns, police officers, public officials, school districts, and insurance companies in both state and federal courts. He joined Clark Johnson & Knight, Ltd. in March of 2023.

He has written numerous briefs filed in Indiana and federal courts, taken many depositions of experts, defended clients at mediations and settlement conferences, arbitration, trials, and appeals to the Seventh Circuit Court of Appeals and Indiana appellate courts. His practice is concentrated in the areas of municipal liability including car accidents, road construction accidents, civil rights cases, police and fire department liability, flood cases, premises liability, building defect cases, wrongful death, and other civil litigation involving bodily injury and property damages.

Honors
2009 Indiana co-defense lawyer of the year, Defense Trial Counsel of Indiana

Professional Associations
• Indiana State Bar Association
• Defense Research Institute
• Defense Trial Counsel of Indiana

Other Interests
Mark Holloway is a member of the Philharmonic Orchestra of Indianapolis and serves on its Board of Directors.

Bules v. Marshall County, 920 N.E.2d 247 (Ind. 2010) (Indiana Supreme Court affirmed the trial court’s summary judgment order holding the county was immune from liability under the Tort Claims Act due to loss resulting from temporary weather conditions.)

Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009) (Indiana Supreme Court held actual amounts paid for medical services after write-offs and discounts were admissible at trial as long as the evidence does not refer to insurance.)

City of Muncie Fire Department v. Weidner, 831 N.E.2d 206 (Ind. App. 2005), transfer denied (Indiana Court of Appeals granted summary judgment on the basis of immunity in wrongful death claim in which the plaintiff argued assumption of duty theory.)

New Hope Services, Inc. v. City of Jeffersonville, 2023 WL 3533398
(Ind. App. 2023)(trial court granted summary judgment in favor of the city on the basis of discretionary function immunity and insufficient evidence of causation in a flood case, affirmed by the Indiana Court of Appeals.)

U.S. Specialty Insurance Co., City of Columbus v. Daimler Trucks North America, LLC, 2017 WL 247108 (U.S.D.C., S.D. Indiana). The City of Columbus and its insurer pursued a fire subrogation case against Daimler Trucks North America in which three city trucks were extensively damaged by fire. The district court denied Daimler’s motion for summary judgment on the city’s products liability failure-to-warn claim, and disallowed Daimler’s claim the suit was barred by the warranty’s limitation of liability clause.

Smith v. Ball State, et al., 295 F3d 763 (7^th Cir. 2002) (Summary judgment affirmed in favor of Ball State campus police officers in arrest, detention, and use of force case where plaintiff drove off the road because of a diabetic seizure.)

Beauchamp v. Hamilton Co. Sheriff, et al, 320 F.3d 733 (7^th Cir. 2003) (Summary judgment upheld for detectives against plaintiff’s claim that defendants did not have probable cause to arrest the plaintiff for rape.)

Continuing Legal Education Seminar, Speaker, Police Liability Claims From Start to Finish, Offers of Judgment in Federal Court, National Business Institute, June 17, 2016.

Speaker at Seminar, Indiana Association Cities and Towns, for Newly Elected Officials Training, “Mayor’s School”, sponsored by Bliss McKnight, topic of First Amendment Violations on Allegations of Politically Motivated Dismissals of Employees, December 2015.

Risk Management presenter, GIE Advisory Committee, Bliss McKnight, Inc., topic of Natural Play Spaces, Playground Safety. November 2014.

Author, Guideline for the Newly Elected Governmental Executive to Avoid Political Firing Claims, 2010.

Speaker at risk management training workshops for city and county employees on various topics of municipal liability and civil rights, 2010 to the present.

Speaker and Moderator, Errors and Omissions Seminar, Professional Insurance Agents, 1998 State Convention.

1999 CPCU I-day panel moderator on topic of Professional Employer Organizations’ insurance and indemnity issues.

Author of The Path to Worksite Liability, Claims Magazine, October 1995.

Columnist for Indiana Insurance News on the topic of Errors and Omissions liability and coverage, published by Professional Insurance Agents of Indiana, 1994 to 2000.