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HAGER v. GONSALVES

942 A.2d 160 (2008)

398 N.J. Super. 529

Nicole HAGER and Mark Hager, Plaintiffs, v. Tammy M. GONSALVES and Edilberto Chilito, Defendants. High Point Insurance Company, as subrogee of Nicole and Mark Hager, Plaintiff-Respondent, v. Rutgers Casualty Insurance Company, Defendant-Appellant, and Tammy M. Gonsalves and Edilberto Chilito, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2008.

Attorney(s) appearing for the Case

Susan L. Moreinis, Collingswood, argued the cause for appellant.

Christopher S. Lipari, Linwood, argued the cause for respondent.

Before Judges SKILLMAN, YANNOTTI and LeWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether the failure of both the operator and the owner of a motor vehicle to cooperate with the vehicle's insurer, thus preventing the insurer from ascertaining whether the operator was a permissive user, provides sufficient grounds for the insurer to disclaim coverage. We conclude that such a failure of cooperation may result in "appreciable prejudice" to the...

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