David Cooper and Dolores Cooper, His Wife, Plaintiffs-Appellants v. Government Employees Insurance Company…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and affirmed the trial court, holding that the insurer may not forfeit coverage unless there is both a breach of the notice provision and a likelihood of appreciable prejudice, and that the burden of persuasion rests with the carrier. The court found the Coopers acted reasonably and in good faith, so no breach occurred.