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ESTEE LAUDER INC. v. ONEBEACON INSURANCE GROUP, LLC

62 A.D.3d 33 (2009)

873 N.Y.S.2d 592

ESTEE LAUDER INC., Appellant, v. ONEBEACON INSURANCE GROUP, LLC, et al., Respondents.

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

Decided February 19, 2009.

Attorney(s) appearing for the Case

Patton Boggs LLP, Washington, D.C. (John W. Schryber of counsel); Patton Boggs LLP, New York City (Shannon W. Conway of counsel), and Morrison Cohen LLP, New York City (Mary E. Flynn and Alvin C. Lin of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Michael A. Kotula, Gary D. Centola and Janice M. Greenberg of counsel), for respondents.

TOM, J.P., SAXE, FRIEDMAN and GONZALEZ, JJ., concur.

OPINION OF THE COURT

McGUIRE, J.

This breach of contract and declaratory judgment action commenced by plaintiff Estee Lauder Inc. against its insurer, defendant OneBeacon Insurance Group, LLC and its affiliates, arises from OneBeacon's refusal to defend and indemnify certain environmental claims asserted against plaintiff. The resolution of this appeal turns on whether OneBeacon waived its right to disclaim coverage on the ground that plaintiff failed to...

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