Home Insurance Co. v. Honaker

MOORE, Justice:

This is an appeal from a Court of Chancery decision granting summary judgment to appellee, Charles Honaker, and to Kathy Honaker 1 and denying restitution of cer tain overpayments made by appellant, Home Insurance Company (“Home”) as a result of Home’s unilateral mistake as to coverage. This presents a question of first impression for this Court: whether an insurer, acting under a unilateral mistake of coverage, may regain overpayments made to a nonpolicyholder unaware of the mistake. The trial court found that Honaker was unaware of the insurer’s mistake, and had so changed…