Emily M. Horsfield Associate

Emily Horsfield focuses her practice on first-party insurance litigation, insurance fraud, disability law, bad faith, third-party tort, products liability and negligence litigation.  A significant portion of her practice involves research and analysis of a wide array of issues involving the state and federal laws of New York, the Second and Third Circuits, and various jurisdictions across the United States, as well as writing legal briefs filed in both state and federal courts. 

Additionally, Emily has assisted in the representation of individuals and companies during the course of various commercial litigation actions.  Emily employs both her undergraduate marketing degree and her keen interest in legal research and writing when developing successful defense strategies for her clients.   

Emily performed the legal research and co-authored the briefs in the district case that established the principle of New York law that, in order to be totally disabled pursuant to an individual disability policy, an insured must be unable to perform all of the important duties of “Your Occupation” under the policy.  See Simon v. Unum Group, 2009 WL 857635 (S.D.N.Y. 2009); and Hershman v. UnumProvident Corp., 660 F.Supp.2d 527 (S.D.N.Y. 2009).  Additionally, she performed the legal research involving a novel statute of limitations issue and co-authored the briefs that ultimately achieved summary judgment on behalf of the client-insurer.  See Hodge v. Unum Group, 2010 WL 128625 (E.D.N.Y. 2010). 

During law school, Emily served as a judicial intern to the Honorable Lynn S. Adelman of the U.S. District Court for the Eastern District of Wisconsin and also served as a legal intern at the Waukesha County District Attorney's Office in the State of Wisconsin. Additionally, Emily was named to the Dean’s List for three semesters, was a recipient of the Marquette University Law School Law Alumni Scholarship (2004-2005) and the Marquette University Law School Fred & Rosalind Colman Scholarship (2005-2006).

Representative Matters

• Assisted in the defense of a small corporation in a case involving the corporation’s termination of their Chairman of the Board of Directors, including all aspects of the AAA Arbitration and drafting and filing several post-arbitration briefs
• Assisted in all phases of litigation for several cases, state and federal, involving an insured’s claim for benefits under his respective disability policy, including drafting responsive pleadings, drafting discovery demands and responding to discovery requests, preparing for depositions, analyzing the need for expert witnesses, pre-trial motion practice, and trial preparation
• Assisted in the representation of an insurance carrier in a rescission action involving fraudulent misrepresentations by an insured
• Assisted in the defense of an insurance carrier in a breach of contract action by the insured and in the prosecution of the insurer’s counterclaim against the insured for fraud, which resulted in a walk-away by the insured