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ESTEE LAUDER INC. v. ONEBEACON INS. GROUP, LLC

15549N, 602379/05

130 A.D.3d 497 (2015)

13 N.Y.S.3d 415

2015 NY Slip Op 06030

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

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

Decided July 9, 2015.

OneBeacon waived its right to assert the affirmative defense of late notice when it failed to raise that ground in its letter of disclaimer to plaintiff. We made this finding in a prior appeal in this case (62 A.D.3d 33, 35 [1st Dept 2009]), and it remains law of the case. KeySpan Gas E. Corp. v Munich Reins. Am., Inc. (23 N.Y.3d 583 [2014]) does not...

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