Emilia A. Quesada

Partner / Chair, Insurance Practice Group

Emilia A. Quesada is a founding partner and Chair of the Firm’s Insurance Practice Group, focusing her practice in the areas of complex commercial litigation with specialized knowledge in insurance disputes including life, health, disability and ERISA claims, insurance coverage defense, the financial services industry, banking litigation, construction and real estate litigation including owners, contractors and design professionals, products liability, labor and employment matters, and class actions.

Ms. Quesada has represented numerous Fortune 500 companies throughout her career including insurance organizations, financial institutions, retailers, manufacturing concerns, oil and gas companies, and chemical companies, as well as publicly-traded entities and privately owned businesses, in the prosecution and defense of life, health, disability and ERISA matters, insurance coverage disputes, agent claims, interpleaders, structured settlement disputes, vicarious liability issues, general commercial litigation claims including business disputes, business torts, fraud and RICO claims, consumer claims including FDUTPA, FCRA and TCPA claims, officer/director liability claims, product liability matters, and a panoply of civil claims in state and federal courts throughout Florida.

Ms. Quesada is AV-rated by Martindale-Hubbell Peer Review Ratings, the highest rating possible, and an Arbitrator for the American Arbitration Association (Commercial, Consumer and Healthcare rosters).

Prior to forming SMGQ, Ms. Quesada was a partner at the national firm Adorno & Yoss LLP and a senior associate at Hunton & Williams LLP (n/k/a Hunton Andrews Kurth), one of the largest U.S. based international law firms. Ms. Quesada commenced her legal career in private practice at Steel Hector & Davis LLP (n/k/a Squire Patton Boggs) after completing a federal clerkship as an Honors Attorney through the Attorney General Honors Program for the U.S. Department of Justice in Atlanta, Georgia, where she was selected from over 2,500 applicants for one of eight positions.

Ms. Quesada is admitted to practice in Florida, including the U.S. District Courts for the Southern, Middle and Northern Districts of Florida; in Georgia, including the Northern and Middle Districts of Georgia; in New York; and the U.S. Court of Appeals for the Eleventh Circuit.

NOTABLE RECOGNITION

Ms. Quesada served as one of 12 commissioners appointed to the American Bar Association’s Commission on Women in the Profession by the president of the ABA and was the first Hispanic appointed to the Commission from the State of Florida. Ms. Quesada has been featured in Attorney at Law magazine’s Women in Law edition, Law360's series Minority Powerbrokers Q&A, the Minority Corporate Counsel Association’s Diversity & the Bar magazine, and DiversityInc. magazine. She has also been highlighted as a Hispanic leader by Miami Today and South Florida CEO magazine, and named a Florida Super Lawyer for Insurance, a Top Lawyer for Litigation in the South Florida Legal Guide and a Best Lawyer in America for Insurance Litigation by Best Lawyers.

Representative Matters

• Representation of Fortune 100 life insurance company in commercial litigation and first party insurance coverage defense, including structured settlement disputes, vicarious liability issues, agent disputes, and interpleader actions
• Representation of Fortune 100 health insurance organization in commercial litigation and ERISA-related disputes, including breach of contract, tortious actions and overpayment claims
• Representation of Fortune 100 life and disability insurance company in commercial litigation, first party insurance and disability coverage defense, including vicarious liability issues, ERISA-related matters, agent disputes, and interpleader actions
• Representation of Fortune 500 banking institution in commercial litigation and tort defense, including breach of contract, fraud and interpleader actions
• Representation of Fortune 100 telecommunications company in general and commercial litigation matters including breach of contract, consumer fraud claims, consumer disputes, and deceptive trade practices issues
• Representation of Fortune 100 chemical company in products liability and commercial litigation matters including class action defense, breach of contract, breach of warranty, intentional torts, consumer fraud, RICO, and a variety of consumer claims
• Representation of Fortune 100 oil and gas company in defense of class actions regarding consumer fraud claims and deceptive and unfair trade practices
• Representation of Fortune 200 products and services company in commercial litigation matters including breach of contract, consumer claims, and consumer tort issues
• Representation of Fortune 200 insurance company in defense of multi-billion dollar class action for breach of contract, unfair and deceptive trade practices and consumer claims, wherein class claims were defeated on appeal and case was dismissed with prejudice by appellate court, after class was certified at the trial level
• Representation of Fortune 50 health insurance organization in matters against hospital providers in arbitration actions, as well as state and federal court involving breach of contract claims, underpayment claims, violations of state and federal laws including deceptive and unfair trade practices, fraudulent concealment claims, and the recovery of overpayment claims for the health insurance organization
• Representation of Fortune 50 health insurance organization against medical providers in federal court for alleged ERISA violations seeking payment for tens of millions of dollars which was successfully defended at the pleadings stage
• Representation of developers, architect and engineering firms in arbitration disputes, as well as state and federal courts regarding construction litigation disputes including breach of contract, claims of lien, equitable claims, fraud and violations of statutes governing the industries
• Representation of Fortune 100 life and disability insurance company in commercial litigation, first party insurance and disability coverage defense, including vicarious liability issues, ERISA-related matters, agent disputes, coverage disputes, and interpleader actions
• Representation of Fortune 200 disability and accident insurance company in commercial litigation, first party insurance, disability and accident coverage defense  

SELECTED AWARDS & PUBLICATIONS/LECTURES

• Best Lawyer in Insurance Litigation, The Best Lawyers in America
• Top Lawyer in Litigation, South Florida Legal Guide
• Super Lawyers Honoree in Insurance Coverage
• Fellow, Litigation Counsel of America
• Minority Powerbroker Q&A Feature, Law 360
• Go-To Law Firm for the Top 500 Companies in Litigation, American Lawyer magazine (selected by Prudential)
• Top Law Firm, Corporate Counsel magazine
• “The Do’s & Don’ts of E-Discovery,” Xerox Corporation CLE, Chair
• “Law & Order: Special Investigative Units,” NAMWOLF
• “Best Practices in Attorney-Client Privilege Issues in the Digital and Global Age,” NAMWOLF
• “Key Issues to Consider When Litigating Life, Health and Disability Actions to Maximize Recoveries,” NAMWOLF
• “Preventing a Runaway Arbitration,” NAMWOLF
• “Discovery in ERISA Cases? How Florida Federal Courts Are Changing the ERISA Landscape One Case at a Time,” Florida Bar Journal (February 2016)
• “Comment: Summarizing Prior Witness Testimony,” Florida State University Law Review (Fall 1996)

PROFESSIONAL/CIVIC ACTIVITIES

• Commission on Women in the Profession of the American Bar Association, Former Commissioner (appointed by president of ABA)
• The National Association of Minority & Women-Owned Law Firms (NAMWOLF), Former Co-Chair of Insurance Practice Area Committee
• American Bar Association (Woman Advocate Committee, Minority Trial Lawyer Committee, and Commercial and Business Litigation Committee)
• National Minority Supplier Development Council (NMSDC)
• Corporate Counsel Women of Color
• Defense Research Institute (Commercial Litigation Committee & Life, Health, Disability & ERISA Committee)
• Litigation and Trial Lawyers Section of The Florida Bar
• Cuban American Bar Association
• Hispanic National Bar Association