Franke, Schultz & Mullen, PC | John Franke
Kansas City - Springfield - St. Louis - Overland Park
Attorneys
John  E. Franke

PRACTICES

Insurance Defense Litigation
Bad Faith / Vexatious Refusal Litigation
Commercial and Business Litigation
Construction Litigation
Insurance Agent & Broker Liability
Lender Liability
Premises Liability
Products Liability
Trucking & Automobile Litigation
Governmental Entity Defense

EDUCATION

University of Missouri - Kansas City, J.D. (1987)
University of Missouri - Columbia, B.J. (1984)

ADMISSIONS

  • State of Kansas
  • State of Missouri
  • United States District Court, District of Kansas
  • United States District Court, Western and Eastern Districts of Missouri
  • United States Court of Appeals, Tenth Circuit
  • United States Court of Appeals, Eighth Circuit

Professional Affiliations:

  • Missouri Organization of Defense Lawyers
  • Missouri Bar Association
  • Kansas City Metropolitan Bar Association
  • Kansas City Claims Association
John E. Franke
Founding Member
CONTACT INFORMATION
Tel: (816) 421-7100
Fax: (816) 421-7915
V-Card

Mr. Franke was born in Kansas City, Missouri, 1962, admitted to the Missouri bar in 1987 and the Kansas bar in 1988, 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. Mr. Franke specializes in insurance defense litigation, with an emphasis in commercial cases.  He is "AV" rated by Martindale Hubbell.

Mr. Franke has extensive jury trial experience in all aspects of insurance matters, including first-party actions against insurers, bad faith litigation, catastrophic injury cases, commercial and business litigation, product liability, construction and transportation matters. In addition, he has extensive experience in insurance coverage matters, including prosecuting declaratory judgment actions. He also has particular experience in handling bad faith and first-party matters on behalf of insurance companies nationwide. Mr. Franke has been selected as Best of the Bar by the Kansas City Business Journal numerous times and selected as a “Super Lawyer” by Law and Politics Magazine in every year since 2006.

Mr. Franke received his Juris Doctor from the University of Missouri - Kansas City and was a member of the Law Review. He is a member of the Missouri Bar Association, Kansas City Metropolitan Bar Association, Missouri Organization of Defense Lawyers and the Kansas City Claims Association. He is a frequent lecturer on insurance defense issues and trial techniques.


Recent Significant Trials:

  • 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:

  • 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)


Recent Speaking Topics/Publications:

  • 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