Emily Cuatto

Practice Areas

Defense of insurers in coverage and bad faith litigation; defense of manufacturers and businesses in catastrophic personal injury, products liability, and business tort disputes; appellate representation in civil matters, including coordination with trial counsel to preserve and advance dispositive issues.

Career

Emily Cuatto is a Certified Appellate Specialist who has appeared as lead appellate counsel on behalf of numerous clients, including automobile manufacturers, healthcare entities, and large insurers in the California, Oregon, and Nevada Supreme Courts, the U.S.

Court of Appeals for the Ninth Circuit, and the California Court of Appeal. In addition to her work briefing and arguing appeals, she frequently partners with trial teams to develop legal strategies and preserve appellate issues during trial. She has served as appellate and trial counsel in a wide range of civil practice areas, including insurance coverage, business torts, catastrophic personal injury, and products liability.

Emily serves on the California Lawyers’ Association Business Law Section Insurance Law Committee and coordinates the firm’s pro bono efforts. Emily is a past recipient of the Harriett Buhai Center for Family Law’s Volunteer of the Year award for her work representing on appeal a mother seeking expanded visitation rights with her son.

Emily is a 2016 Fellow of the Leadership Council on Legal Diversity (LCLD). The LCLD is an organization of more than 200 members who serve as either general counsel of major corporations or managing partners of leading law firms. LCLD develops action programs designed to help a new and more diverse generation of attorneys ascend to positions of leadership.

Before joining Horvitz & Levy, Emily worked in the Santa Monica office of Bingham McCutchen LLP, where she handled a variety of complex commercial litigation matters involving insurance coverage, contracts, employment, and business torts.

Between college and law school, Emily taught middle school special education in New Orleans, Louisiana, through the Teach for America program.

Professional Memberships

California Lawyers’ Association, Business Law Section, Insurance Law Standing Committee

Association of Southern California Defense Counsel

Leadership Council on Legal Diversity

Los Angeles County Bar Association

Publications

Insurance Law Update, California Lawyers’ Association 2020 Annual Business Law Review (forthcoming)

Co-Author, Green Sheets, ASCDC Verdict Magazine (2014-present)

Returning to Rutherford: A Call to California Courts to Rejoin the Legal Mainstream and Require Causation be Proved in Asbestos Cases under Traditional Torts Principles (Nov. 23, 2016) Southwestern Law Review

When Interpreting Ambiguous Terms, Consistency Prevails (Nov. 12, 2014) Daily J., Insurance Supplement, p. 9

From Secrecy to Disclosure (Aug. 5, 2013) The Recorder

In Practice: Post-Trial Motions — To File or Not (June 26, 2013) The Recorder

Work Highlights

Shorter v. Baca (III) (2025) – Served as court-appointed amicus counsel, filing a successful pro bono brief in support of a former pretrial detainee.

Navarro v. Cervera (2025) – California Court of Appeal held that a statute providing procedural safeguards for ER surgeons against malpractice claims also protects physicians consulting remotely with the ER department.

Zoriall v. Starr Indemnity & Liability Co. (2025) – California Court of Appeal declined to recall remittitur based on a declaration of attorney fault.

Lloyd v. Byrd Technologies (2024) – California Court of Appeal affirmed judgment for product defendant, rejecting plaintiff’s challenge to the trial court’s responses to jury questions.

Watts v. Pneumo Abex (2024) – California Court of Appeal reversed for a new trial in an asbestos case.

Garcia v. GEICO (2024) – Ninth Circuit affirmed summary judgment for insurer in a bad faith action, upholding insurer’s decision not to accept a policy limits settlement offer releasing only one of two insureds.

Carolina Beverage Corp. v. FIJI Water (2024) – California Court of Appeal reversed a $6 million award, holding that “constructive termination” of a commercial distribution contract is not a viable theory under California common law.

Tinoco v. Michelin North America, Inc. (2024) – California Court of Appeal affirmed summary adjudication for tire manufacturer in a $99.7 million products liability case.

Cheesman v. Ford Motor Co. (2024) – Washington Court of Appeals affirmed defense summary judgment in a product liability action.

Awards