Zappone v. Home Insurance Company

In Zappone v. Home Insurance Company (55 N.Y.2d 131 [1982]), the Court of Appeals stated that an insurer can disclaim coverage in five possible situations: (i) where the insured has breached the terms of the policy by failing to cooperate in the defense of the lawsuit brought by the injured person; (ii) where the insured has failed to give notice of the accident or of the commencement of an action against the insured; (iii) where, although the person and vehicle are covered by the policy, the circumstances of the accident (the event) bring a policy exclusion into play; (iv) where the insurer made no contract of insurance with the person and for the vehicle involved in the accident in question; (v) where there had been a policy at one time, but it was canceled by the insurer or terminated by an act of the insurer prior to the accident.