Notification Requirements of the Personal Auto Policy

Our insured was involved in an auto accident. He was responsible. The claims were forwarded to the insured's personal auto policy insurer. The insurer denied coverage since the auto that the insured was driving was not on the policy at the time of the accident. The insured had purchased the auto six weeks prior to the accident but had not requested that it be added to the policy.

The insurer claims that the insured had to notify it of the additional car within thirty days for coverage to become effective according to the provisions of the auto policy. It is our contention that the thirty day notification requirement applies only if the insured wanted physical damage coverage and that the insured is covered for liability purposes for the use of any auto. What is your opinion?