Read the following excerpt from a US court opinion:
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As previously noted, the parties dispute when Tri-Etch alerted Cincinnati of Young’s death and the resulting lawsuit. Cincinnati asks us to find Tri-Etch’s notice unreasonably late as a matter of law and affirm the trial court’s summary judgment order on this basis. However, regardless of when Cincinnati received notice of Young’s death and the Estate’s lawsuit, Cincinnati has always contended that Young’s death was not an “occurrence” entitled to coverage under its policies. Thus, we first must discern whether Cincinnati can show that it was prejudiced by Tri-Etch’s allegedly faulty notice. In Miller v. Dilts, our Supreme Court held that an insurer may not avoid liability under a policy’s cooperation and notice clauses unless the insured’s noncompliance with tho 2d 430, 435 (1992) . We will assume for the sake of the argument
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What is the most suitable continuation to the opinion? Your options are:
A. holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage
B. holding that an immaterial breach does not deprive the insurer of the benefit of the bargain and thus cannot relieve the insurer of the contractual coverage obligation
C. holding that under montana common law an insurer cannot be held liable for bad faith in denying a claim if the insurer had a reasonable basis for contesting the claim
D. holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage
E. holding that in light of evidence that the insurer would have denied coverage even if it had received suit papers on a timely basis the insurer could not show prejudice
Reply with [A, B, C, D, E] only.