We reject the insured's contention that the prior unappealed order of another Justice, which referred the issue of the timeliness of the insurer's disclaimer to a Special Referee in the context of a perceived factual issue as to when the insured notified the insurer of its claim, established law of the case that the insurer could not assert lack of prejudice in defending against the insured's claim of coverage by reason of estoppel. Certainly, the prior order does not contain...
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