Preview PDF
Overview
John Franke is a Partner in the Freeman Mathis & Gary, LLP Kansas City office. He is a member of the Tort & Catastrophic Loss practice area and focuses his practice on insurance litigation, with an emphasis on complex commercial matters. He represents insurers and corporate clients nationwide in high-exposure disputes, including bad faith litigation, first-party claims, and catastrophic injury cases. His practice also includes professional liability matters involving architects and engineers and directors and officers, as well as product liability, construction, and transportation litigation.
Mr. Franke has extensive jury trial experience in state and federal courts and has been recognized for his professional excellence, including an AV rating from Martindale-Hubbell, selection as a Top Rated Lawyer in Insurance Law, and designation as a Super Lawyer every year since 2006, along with multiple Best of the Bar honors from the Kansas City Business Journal.
Mr. Franke represents insurance companies and corporate entities across a wide range of industries and litigation matters. He has significant experience defending clients in storefront crash cases and handling complex insurance coverage disputes, including prosecuting declaratory judgment actions. He regularly advises insurers on bad faith and first-party matters nationwide and brings a practical, results-oriented approach to resolving disputes efficiently and effectively.
Mr. Franke earned his Juris Doctor from the University of Missouri-Kansas City, where he was a member of the Law Review. He is admitted to practice in Missouri and Kansas, as well as before the United States District Courts for both states, the United States Court of Appeals for the Eighth and Tenth Circuits, and the Supreme Court of the United States. He is an active member of the Missouri Bar Association, Kansas City Metropolitan Bar Association, Missouri Organization of Defense Lawyers, and the Kansas City Claims Association. Mr. Franke is also a frequent lecturer on insurance defense issues and trial techniques.
Bar Admissions
Kansas
- Kansas State Courts
- U.S. District Court for the District of Kansas
Missouri
- Missouri State Courts
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Western District of Missouri
U.S. Courts of Appeals
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Tenth Circuit
Education
J.D.
University of Missouri – Kansas City
B.J.
University of Missouri – Columbia
Representative Cases & Clients
Significant Trials:
- CUI v. Broadband, Case No. 4:16-cv-516, United States District Court, Eastern District of Missouri (Breach of Contract, Indemnity and Equitable Subrogation case following $1.5 million settlement of underlying rape case).
- Kalcik v Metropolitan Group Property & Casualty Insurance Co., et al., Case No. CV 598, Sedgwick County, KS. (Underinsured Motorists and breach of contract claims July, 2018)
- Mahamed v Super Shuttle International and Munye, Case No. 1616-CV12620, Jackson County, Missouri (Closed Head Injury/Skull Fractures, Total Disability)
- Pollard, et al v T***** Design Build, Inc.. Case No. 01-17-0002-0087, AAA Arbitration (Architect Professional Liability).
- Hoy v. Rider, Case No. 2015-CV-001355-TC, District Court of Sedgwick County, Wichita, Kansas (Excess exposure liability case).
- Johnson v. Davidson, et al., Case No. 1416-CV26731, Jackson County, Missouri (Police Officer Excessive force case).
- Sims v. AMC Theatres, Case No. 1416-CV08399, Jackson County, Missouri, (Premises liability/defective lighting).
- Brimm v. MTS Contracting, Case No. 0916-CV36669, Jackson County, Missouri (Scaffold accident at a construction site)
- Sanders v. Durham School Services, Case No. 0722CC-9189, St. Louis, Missouri (Transportation Action)
- Johnson v. Hatfield, et al., Case No. 06CV07957, Johnson County, Kansas (Negligence, Closed Head Injury)
- Bauer v. Belton Foods, Inc., Case No. CV101-808CC, Cass County, Missouri (Breach of Contract Action)
- Wiebe v. American Family, Case No.: CV3822, Johnson County, Kansas, (Bad Faith Action)
- Netwig v. Willamette Industries, Inc., Case No. CV02143CM, Federal Court, United States District of Kansas, (Product Liability, Blindness)
- Richey v. Catherine Philipp-Leatz, et al., Case No. 16CV20955, Jackson County, Missouri, (Negligence, Paraplegia)
- Nachum v. Welliver, Case No. CV23263, Jackson County, Missouri, (Construction Defect)
- Samuels v. American Family, Case No. CV00925HFS, Federal Court, United States Western District of Missouri, (Uninsured Motorist, Vexatious Refusal)
- Stone v. Perry, Case No. CV102005436, Clay County, Missouri, (Tortious Interference, Conversion)
- Verni v. Cleveland Chiropractic College, et al., Case No. CV210044, Jackson County, Missouri, (Fraud, Breach of Contract)
- Williams v. School Services & Leasing, Case No. CV217016, Jackson County, Missouri (Wrongful Death
Reported Appellate Cases:
- Kissinger v. Am. Family Mut. Ins. Co., 563 S.W.3d 765, 768 (Mo. Ct. App. 2018), transfer denied (Sept. 25, 2018), reh’g denied (Sept. 25, 2018)
- American National Property & Casualty Co. v. Wyatt & Ferguson, 400 S.W. 3d 417 (Mo. App. W.D. 2013)
- Bauer v. Belton Foods, 350 S.W. 3d 478 (Mo. App. W.D. 2011)
- Johnson v. Hatfield, et al., No. 09-103146-A (Kan. App. 2011)
- Estate of Anderson v. Safeco Ins. Co. of Illinois, 567 F. 3d 404 (8th Cir. Mo. 2009)
- Wiebe v. Hicks, 192 P. 3d 184 (Kan. App. 2008)
- Botorff Const., Inc. v. Gates, 260 S.W. 3d 373 (Mo. App. W.D. 2008)
- Verni v. Cleveland Chiropractic College, 212 S.W.3d 150 (Mo. banc 2007)
- Meadows v. Rudisill, 160 Fed. Appx. 546 (8th Cir. (Mo.) 2005)
- Home Quest Mortg., LLC. v. American Family Mut. Ins. Co., 393 F. Supp. 2d 1096 (D. Kan. 2005)
- Henson v. Dutch Flowers, LLC, 169 S.W. 3d 868 (Mo. App. W.D. 2005)
- Samuels v. American Family Insurance Co., 159 S.W.3d 868 (Mo. App. W.D. 2005)
- Netwig v. Georgia Pacific Corp., 375 F.3d 1009 (10th Cir. 2004)n
- Wilson ex rel. Wilson v. Simmons, 103 S.W.3d 211 (Mo. App. W.D. 2003)
- American Standard Ins. Co. of Wisconsin v. Bittick, 112 S.W.3d 55 (Mo. App. 2003)
- Long v. Cross Reporting Services, Inc., 103 S.W. 3d 249 (Mo. App. 2002)
- Long v. Funeral Directors Services, Inc., 96 S.W. 3d 885 (Mo. App. 2002)
- Simpson v. Home Depot, Inc. 203 F.R.D. 643 (D.Kan. 2001)
- Rinehart v. Anderson, 985 S.W.2d. 363 (Mo.App. W.D. 1998)
- American Standard Ins. Co. of Wisconsin v. May, 972 S.W.2d 595 (Mo.App. W.D. 1998)
- Safeco Ins. Co. of America v. Rogers, 968 S.W.2d 256 (Mo.App. W.D. 1998)
- Slater v. Cincinnati Ins. Co., 165 F.R.D. 100 (D.Kan. 1996)
- American Family Mutual Ins. Co. v. Mission Medical Group, Chtd., 72 F.3d 645 (8th Cir.(Mo.) 1995)
- Johnson v. Centennial Life Ins. Co., 885 F.Supp. 227 (D.Kan. 1995)
- Biester v. Midwest Health Services, Inc.1994 WL 541827 (D.Kan. 1994)
- Safeco Ins. Co. of America v. Tozier,1994 WL 476304 (D.Kan. 1994)
- Walton v. American Family Mut. Ins. Co.,1994 WL 409615 (D.Kan. 1994)
- Combined Communications Corp. v. Trans Western Exp., Ltd., 1994 WL 374504(D.Kan. 1994)
- An Interest of D.D.A., 864 S.W.2d. 363, (Mo.App. W.D. 1993)
- American Family Mut. Ins. Co. v. Kohrs, 1993 WL 289170 (D.Kan. 1993)
- American Family Mut. Ins. Co. v. Kohrs, 1993 WL 191365 (D.Kan. 1993)
- Walton v. American Family Mut. Ins. Co., 1993 WL 191368 (D.Kan. 1993)
- In Interest of A.G., 853 S.W.2d. 310 (Mo.App. W.D. 1993)
Affiliations
- Missouri Organization of Defense Lawyers
- Missouri Bar Association
- Kansas City Metropolitan Bar Association
- Kansas City Claims Association
Classes/Seminars Taught
- Claims Handling to Avoid Bad Faith Claims
- 537 Agreements, Mary Carter Agreements, and Prejudgment Interest Demand Letters
- How to Handle Defendant’s Independent Medical Examination from Records Review through Deposition
- How to Conduct Voir Dire
- Unfair Claims Practices
- Trial Practice
- Survey of Kansas Law
- Survey of Missouri law
- Missouri Tort Reform
Practice Sections
Interdisciplinary Teams
Education
J.D.
University of Missouri – Kansas City
B.J.
University of Missouri – Columbia