MICHELLE K. AIENA
Michelle concentrates her practice in civil litigation, representing insurers in insurance coverage disputes and defending insureds, on behalf of insurers, in various types of litigation, including premises and products liability. Michelle often represents foreign corporations in U.S. litigation, including international hotel chains. In addition, Michelle has extensive experience in all areas of insurance coverage and specializes in U.S. vendor’s coverage for foreign manufacturers. She frequently interprets and analyzes coverage pursuant to policies issued in Europe and Asia. She also has experience in handling first-party property coverage disputes and subrogation.
REPRESENTATIVE EXPERIENCE:
Don v. Arario Gallery, et al. – Represents artist against claims arising out of injuries allegedly sustained by guest during performance art show.
Smith & Nephew v. New Hampshire Insurance Co., et al. – Represents insurer in breach of contract action pending in the U.S. District Court for the Western District of Tennessee arising out of a coverage dispute on excess liability policies written and issued in London, England.
Chrobak v. Costa Caribe Coral, et al. – Represented hotel entities in claim of assault by hotel guest in the U.S. District Court for the Southern District of New York. Action was dismissed as to all hotel entities.
Wask v. Hyatt, et al. – Represents Hyatt in premises liability action brought by guest of the hotel in Puerto Rico.
Kerry v. Mincing – Represents Egyptian company in U.S. products liability lawsuit.
Turner v. Maxxis, et al. – Represents insurer in coverage dispute arising out of Vendor’s Endorsement on policy written and issued in China.
Owens Brockway v. Chartis Specialty Insurance Co. – Represented insurer in coverage dispute involving product recall issues.
Brosch v. K-Mart Corp., et al. – Represented insurer in coverage dispute arising out of Vendor’s Endorsement on a policy written and issued in Taiwan.
Nolan v. ISS C & S Building Maintenance Corp., et al. – Represented excess insurer in dispute with other insurers over priority of policies.
In re Defective Batteries – Represented insurer in Singapore regarding coverage issues arising out of Vendor’s Endorsement on policy written and issued in Singapore.
Puerto Rico Highway and Transit Authority Tren Urbano claims – Represents insurer regarding various coverage issues arising out of an OCIP issued for the construction of the Tren Urbano railway system in Puerto Rico.
Hormone Replacement Therapy (“HRT”) Litigation – Monitored and reported on U.S. multidistrict litigation regarding HRT.
Niv v. Hilton – Represented Hilton Hotels in appeal regarding civil terrorism litigation. Forum non conveniens dismissal affirmed by Second Circuit Court of Appeals.
Richelieu Foods Inc. v. Cups4You, et al. – Represented a Netherlands manufacturer in U.S. products liability litigation involving plastic food containers.
Bodo v. Hilton Hotels, et al. – Represented Hilton in a premises liability lawsuit brought by a guest of Hilton in Costa Rica.
Gonzalez v. Hilton Hotels, et al. – Represented Hilton in a premises liability lawsuit brought by guests of Hilton in Puerto Rico.
Zilenziger v. Hilton Hotels Corp., et al. – Represented Hilton entities in premises liability lawsuit brought in the Southern District of New York. Successfully moved for change of venue to Puerto Rico.
Tufo’s Wholesale Dairy, Inc. v. CNA Financial Corp. – Assisted in defense of insurer in breach of contract action arising from denial of coverage for property damage claim under a boiler and machinery policy.
National Union Fire Insurance Co. of Pittsburgh, Pennsylvania v. Texpak Group N.V. – Assisted in litigation over coverage dispute regarding business interruption and extra expense losses under an all-risk policy.
PUBLICATIONS AND ARTICLES:
“Insurance Considerations When Issuing Policies to Foreign Manufacturers and their U.S. Vendors” - For The Defense [DRI Magazine], August 2010
“For The First Time, the U.S. District Court for the Southern District of New York Accepts The Use Of Computer-Assisted Review To Aid In The Discovery Of Electronically Stored Information” www.kknylaw.com/blog
“Rescinding a Policy – A Recent New York Court Decision” www.kknylaw.com/blog
“Second Circuit Certifies Two Questions To The New York Court of Appeals Regarding Jurisdiction Over Lebanese Bank Allegedly Involved In Terrorist Attacks In Israel” www.kknylaw.com/blog
In addition, Michelle has authored several insurance-related articles for the in-house publication at the national law firm where she previously worked. Topics include the ability of an insured to recover attorneys’ fees incurred in defending a declaratory judgment action against an insurer, physical damage when faulty components impair a product’s function and value, preventing an insured’s double recovery for damaged goods when calculating actual loss of business income, and New Jersey courts’ interpretation of policy language designed to avoid an efficient proximate cause analysis.
