Couper v. Metropolitan Life Ins Co

In Couper v. Metropolitan Life Ins Co, 250 Mich 540, 544-545; 230 NW 929 (1930), the defendant, because of an error by one of its employees, mistakenly paid the plaintiff $ 700 more than the plaintiff was entitled under an insurance policy. The facts in Couper were complicated by the duplicity of the plaintiff's father's trial testimony and by the fact that the defendant's agent admitted that the mispayment had been made despite the fact that all of the claim papers showing the correct inception date of the disability had gone through his hands to the home office, with his full knowledge of everything contained in them. Id. at 544. The Court reversed a verdict for the plaintiff and remanded with directions to enter a judgment for the defendant, commenting, "It is well settled law that a payment, although voluntarily made, if made under a mistake of a material fact, may be recovered, even if the mistake be due to a lack of investigation." Id.