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HOME INS. CO. v. HONAKER

480 A.2d 652 (1984)

The HOME INSURANCE COMPANY, Plaintiff Below, Appellant, v. Kathy HONAKER and Charles Honaker, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 31, 1984.

Attorney(s) appearing for the Case

Colin M. Shalk, Wilmington (argued), Jeffrey S. Marlin, of Tybout, Redfearn, Casarino & Pell, Wilmington, for appellant.

Arthur J. Sullivan, Wilmington, for appellee.

Before HERRMANN, C.J., McNEILLY, HORSEY, MOORE, and CHRISTIE, JJ., constituting the Court en Banc.

MOORE, Justice:

This is an appeal from a Court of Chancery decision granting summary judgment to appellee, Charles Honaker, and to Kathy Honaker1 and denying restitution of certain 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...

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