Marc J. Shrake


Dallas, TX | Los Angeles – Downtown, CA
D 615.208.5639


  • J.D., University of Chicago Law School, Chicago, Illinois
  • B.A. summa cum laude, College of St. Thomas, St. Paul, Minnesota

Interdisciplinary Teams

Class Actions

Financial Services


Marc Shrake is a Partner in the Nashville, Dallas, and Los Angeles offices of Freeman Mathis & Gary LLP.  He is Co-Chair of the firm's Insurance Coverage and Extra-Contractual Liability National Practice Section. 

For more than 30 years Marc has handled complex insurance coverage litigation and other insurance-related disputes for domestic carriers, London syndicates, and risk pools involving virtually every type of insurance policy and risk-transfer mechanism.   

Marc's cases have arisen from wars, insurrections, and terrorist attacks, riots and protests, hurricanes and storms, earthquakes, wildfires, environmental disasters, pollution, coronavirus, mold, product recalls, pop star deaths, factory fires, food contamination, embezzlement, semiconductor chip failures, fire truck collisions, car crashes, catastrophic personal injury, and other events, and in numerous industries including technology, health care, transportation and logistics, transcontinental shipping, construction, movies, TV, food, steel processing, foundries, shopping centers, real estate, hospitality, insurance brokerages, financial services, and many others. 

Mr. Shrake's commercial litigation experience includes complex disputes involving class actions, cyber breaches, professional liability, RICO claims, business torts, contracts, trade secrets, and intellectual property. 

Marc has worked on cases across the country and on four continents.  He is licensed to practice in Texas, Minnesota, and California, awaits licensure in Tennessee, and has appeared pro hac vice in numerous other jurisdictions. 

Bar Admissions




Publications & Engagements
  • Aftermath: Insurance Coverage Following the Social Unrest of 2020 , Coverage (ABA Insurance Coverage Litigation Committee), March 4, 2021 
  • Practice Guide — 50 States Reservation of Rights Compendium (co-written with Albert K. Alikin, Amanda Figueroa, Emily Williams), DRI, August 1, 2020
  • What the Death of a Soldier in 1918 May Teach Us About Insurance Policy Analysis in the Time of COVID-19 (co-written with Barry Miller), Current Events (DRI), Volume 31, Issues 3 & 4, April 27, 2020
  • New Jersey and New York Signal Intent to Force Coverage for COVID-19 Business Losses; Other States Will Follow Suit (co-written with Erin Lamb), BlogLine (Freeman Mathis & Gary LLP), March 16, 2020
  • To Everything There is a Season — And a Causation Analysis, BlogLine (Freeman Mathis & Gary LLP), August 14, 2019
  • If You’re Selling, Some Considerations Regarding Cannabis (co-written with Kristin Ingulsrud), Hot Topics (ABA Insurance Coverage Litigation Committee), January 17, 2019
  • You Acted in Bad Faith by Refusing to Settle for the Policy Limits, and Now the Policy Limits Are Open! (co-written with Rina Carmel and Albert K. Alikin), In-House Defense Quarterly (DRI),  April 2018 
  • Competing for the Limited Limit (co-written with Albert K. Alikin), Insurance Coverage and Claims (DRI), April 1, 2017 
  • Avoiding the Special Relationship Zone for Insurance Brokers (co-written with Albert K. Alikin), California Asian Insurance and Financial Professionals Association (CAIFPA) Annual Magazine, March 2016 
  • Appellate Dissent Maps Potential Challenge to Bad Faith Punitive Damages (co-written with Albert K. Alikin), ABA Insurance Coverage Litigation Committee, September 10, 2014 
  • Practice Guide — 50 States Reservation of Rights Compendium (co-written with Albert K. Alikin and Jennifer Muse), DRI, January 2014 
  • The Causation Question in Property Insurance, New Appleman on Insurance Law, Chapter 44, August 2011 
  • Hurricane Storm Surges and Property Insurance: What’s the Coverage Climate?, Hot Topics (ABA Insurance Coverage Litigation Committee), January 2009
  • The Racketeer Influenced and Corrupt Organizations Act: Standing to Bring a Civil Action, The Briefcase (ABA General Practice Section), May 1994 
Representative Cases & Clients

Insurance Coverage and Litigation 

  • Litigating commercial property and business loss insurance coverage claims arising from fire and other industrial losses, contingency non-appearance and event cancellation, war and warlike activity, product contamination and recall, 9/11, hurricanes, earthquakes, water, wind, mold, builder’s risk, crime, and other events. 
  • Litigating casualty insurance coverage claims brought under general liability, employment practices liability, errors and omissions liability, health care liability, workers’ compensation, and directors and officers liability coverages arising out of technology products, employment practices, professional practices, environmental claims, advertising injury, business torts, and other claims and occurrences. 
  • Defending reinsurer against claims by excess insurer after two municipalities negotiated eight-figure settlement of underlying cases, including agreement on number of occurrences and apportionment of liability. 
  • Obtaining multimillion-dollar property insurance recovery against reinsurer in property and business loss claim following application of unapproved pesticide to raw oats used by international food company to make 55 million boxes of popular breakfast cereal. 
  • Defending insurance company against excess carrier’s claim of unreasonable failure to settle for policy limits following judgment of more than three times policy limit. 
  • Defending insurance company in lawsuit over contingency non-appearance/event cancellation insurance coverage brought by worldwide entertainment group and decedent’s estate following unfortunate death of pop star. 
  • Defending insurance company in lawsuit brought by leading television production company seeking business interruption coverage after moving production of TV series from Middle East based on rocket attack, army invasion, and initiation of war. 
  • Obtaining Missouri Court of Appeals decision affirming summary judgment for national insurance company accused of conspiring to drive public insurance adjusters out of business. 
  • Defending insurance broker against claims brought by named payee under property policy after insurer denied property damage claim following discovery of asbestos on building site. 
  • Defending insurance broker in investigation by New York Attorney General for alleged kickbacks by insurers.
  • Obtaining multimillion-dollar property insurance recovery for world’s largest rubber plantation after rebels overran plantation during Liberian civil war. 
  • Defending home furnishings manufacturer in rescission action brought by products liability insurer following accident with manufacturer’s product. 
  • Obtaining multimillion-dollar recovery for large warehousing/logistics employer against workers’ compensation insurance broker for mishandling insurance placement and reporting.

Business and Commercial Litigation

  • Defending national health care provider against civil RICO and fraud claims and criminal investigations for admissions and billing practices, resulting in company-saving resolutions of all actions.
  • Obtaining multimillion-dollar recoveries against manufacturer and installer of hazardous building material that caused $100 million fire and destroyed steel plant. 
  • Winning complete defense verdict and full recovery on counterclaim for national hardware distributor against retailers claiming RICO conspiracy to drive retailers out of business. 
  • Obtaining multimillion-dollar recovery against staffing agency’s former officer in trade secrets lawsuit to protect client list and other confidential information. 
  • Obtaining summary judgment for traffic control systems supplier alleged to have infringed patent. 
  • Securing landmark Supreme Court of California decision on non-reviewability of arbitral awards. 
  • Winning summary judgment on behalf of international airport board in equal protection lawsuit by landowners seeking to block runway-expansion project. 
  • Negotiating multimillion-dollar settlements for former CEO, CFO, and general counsel of international bank in executive compensation dispute. 
  • ABA Litigation Section, Insurance Coverage Litigation Committee,
    Property Insurance Subcommittee, Co-Chair, 2007-present
  • Loss Executives Association, Member, 2013-present
  • Claims and Litigation Management Alliance, Member, 2015-present
  • ABA General Practice Section, Litigation Committee, Vice-Chair, 1992-1994
Client Successes
Awards and Recognition

  •  2023 edition of The Best Lawyers in America®
Classes/Seminars Taught
  • “Multiple Claims and Insufficient Limits,” Client webinar, September 2, 2021 
  • “Peaceful Protests or Violent Disturbances:  Insurance Coverage in Times of Social Unrest,” Annual Conference Seminar (ABA Insurance Coverage Litigation Committee), March 18, 2021 
  • “COVID-19:  Current Litigation and Potential Bad Faith Cases,” Client webinar, January 13, 2021 
  • “Social Unrest in 2020, and Property Insurance:  The Revolution Will Not Be Televised, But It May Be Covered,” PLAN Seminar Series, December 17, 2020 
  • “Time Limited Demands And Multiple Claims With Insufficient Limits,” Client webinar, August 11, 2020 
  • “Mediator’s Round (Kitchen) Table:  Insurance Coverage for COVID-19 Claims,” Podcast Episode 4, Steve Schulwolf Mediation, August 25, 2020 
  • “The Battle Lines Being Drawn:  A Survey of Lawsuits Seeking Coverage for Losses Related to COVID-19,” PLAN Seminar Series, April 22, 2020
  • “Navigating Claims Arising From Novel Coronavirus And COVID-19,” FMG Webinar Series, March 19, 2020
  • “Time Limit Demands and Bad Faith Liability,” PLAN Seminar Series, July 18, 2018 
  • “Is There a Target on My Back? (or, Understanding E&O and Minimizing Your Exposure),” California Asian Insurance and Financial Professional Association (CAIFPA) Property and Casualty Seminar, August 2011
  • “The ABC’s of Insurance Coverage Claims,” Insurance broker seminar, March 2011
  • “Defending Employment Litigation:  Looking for Coverage in All the Right Places,” Southern California Labor and Employment Law Seminar, November 2011
  • “Understanding Products Liability Insurance & Product Recall Insurance,” Client seminar, November 2010 
  • “The Wide, Wide World of Insurance:  Recent Developments,” Insurance broker seminar, October 2007
  • “Shaken, Not Stirred:  Adjusting Earthquake Losses,” Client seminar, May 2006 
  • “Staying Out of the Thicket:  California Fair Claims Settlement Practices,” Client seminar, October 2004, November 2005