Law360, New York ( July 24, 2015, 2:36 PM EDT) -- For the second time in the same case, the New York Supreme Court, Appellate Division, First Department, has held erroneously that an insurer waived a late-notice defense by failing to raise the defense in its initial disclaimer letter to the insured. Estee Lauder Inc. v. OneBeacon Insurance Group, __ N.Y.S.3d __, (N.Y. App. Div. July 9, 2015). The court first addressed this issue in 2009, when it held that OneBeacon had waived the late-notice defense by not raising it in the initial disclaimer letter to Estee Lauder. Estee Lauder Inc. v. OneBeacon Insurance Group, 873 N.Y.S.2d 592 (N.Y. App. Div. 2009). In that first holding, the Appellate Division opined that an insurer waives a timely-notice defense if it does not raise the defense "as soon as is reasonably possible" after it learns the grounds for the defense....