보험약관의 개정에 따른 다른 보험계약의 고지‧통지의무의 재검토

Abstract

An insured often makes several insurance contracts with regard to the same subject-matter and the same events. When this occurs, it is necessary to decide how the liability of the insures will be allocated or apportioned. The Korean Commerce Act (hereinafter “the Act") provides that in non-life insurance, the insured shall notify each insurer of the contents of each insurance contract. But the Act has no provision on the breach of the duty. And in life insurance, there is no similar provision about the duty. Many insurance policies have contained some clauses concerning several insurance contracts. Insurers commonly have included questions on other insurance in application forms. The policy also provided that if the insured fails to disclose or notify other insurance contracts, insurers may terminate the contract. In recent, the attempt to adopt the several insurance contract clauses in the Act has been failed. New insurance policies insert some clauses that any insurer will waiver the right against violating the duty of disclosure and notice of several insurance contracts. This paper will review the changes of clauses about several insurance contracts in the insurance policies, and the articles and case law about its relation to the breach of duty of disclosure and duty of notice in the Act. After analyzing the circumstances affecting the interpretation of the clause, I will conclude that any insurer can't terminate the insurance contract by reason of the breach of such duty.