ONEBEACON AMERICA INSURANCE COMPANY v. NL INDUSTRIES, INC.


43 A.D.3d 716 (2007)

841 N.Y.S.2d 543

ONEBEACON AMERICA INSURANCE COMPANY, Respondent, v. NL INDUSTRIES, INC., Appellant, and CERTAIN UNDERWRITERS AT LLOYD'S LONDON et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 18, 2007.


We disagree with the dissent's conclusion that OneBeacon's filing of this action four days prior to the expiration of the Standstill Agreement did not constitute a breach of that agreement warranting the action's dismissal. To be sure, as the dissent indicates, it does not appear on this record that, as a result of such breach, OneBeacon won a race to the courthouse that it otherwise might have lost. After all, NL did not commence...

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