Erika C. Aljens

Erika Aljens is a member of the National Insurance Coverage Group and concentrates her practice on insurance coverage litigation, primarily representing carriers in defending and prosecuting declaratory judgment actions in multiple jurisdictions. She has experience in many different types of litigation, principally complex coverage questions, significant construction and environmental matters. Ms. Aljens also has significant trial and appellate experience in both state and federal courts with over 30 published decisions.

Ms. Aljens has been involved in the development of key case law in such areas as additional insured coverage, the duty to defend, scope of coverage under specialty insurance products, questions of timely notice as required under specific policy provisions or statute, New York Labor Law 240 and the scope of res ipsa loquitor.  On June 3, 2010, the New York Court of Appeals reviewed one of those Appellate Division decisions and confirmed the scope of coverage and the duty to defend a purported additional insured under a standard blanket additional insured endorsement.

Ms. Aljens maintained primary responsibility, briefed and argued all stages of a personal injury action that occurred at a construction site wherein the New York Court of Appeals ultimately resolved a split of authority between the Appellate Divisions, clarifying the scope of res ipsa loquitor, specifically in light of a motion for summary judgment.

Speaking Engagements:

• "Construction Litigation Crash Course: Defects, Actionable Torts, Coverage & Green Buildings", HB Litigation Teleconference, November 17, 2010

Published Works:

A Retrospective Of 2010 Product Recall and Food Contamination Coverage Decisions, Mealey’s Personal Injury Report, Co-Author, January 10, 2011