생명보험약관의 자살부책(負責)조항에서 심신상실 상태에서의 자살과 관련된 해석상의 문제점에 관한 연구

Abstract

An insured’s bad faith action breaches the contingency of insured accident and the principle of good faith, so the insurer is relieved from liability. In case of insurance on death, the insurer is exempted from its liability for an accident(death) caused by bad faith of insured. However, if the insured has committed suicide while being unable to make free decision due to non compos mentis or if the insured has committed suicide after the lapse of 2 years from the day of commencement of insurance cover, the insurer is not relieved from liability. In the meantime, insurance policy does not have a clear standard that states the definition and range of application of non compos mentis. In addition, court can't present objective interpretive criterion for it as well. So conflicts between customers and insurers are increasing for this reason. It is required to narrow the range by describing its relation with mental disease or morbidity as they do in Germany. Current interpretant of court considers the state of anxiety, agitation and panic which are generally shown in committing suicide as the state excludes the free decision making. However, this needs to be changed. Also if the insured was aware of the motivation of suicide even for a very short moment, it can't be considered that he couldn't make free decision. Committing a suicide under non compos mentis lacks the requisite of exogenism due to his morbidity reasons. So it is not a casualty. Current insurance policy which allows payment of accidental death benefit for a suicide under non compos mentis needs to be revised. Even though it happened after suicide exclusion period, if the suicide was committed under non compos mentis, general death benefit should be paid instead of accidental death benefit. It needs to be cleary stated that suicide of the insured can be a cause of exemption in the Insurance part on Commercial Law. In addition to this, it should be specified that if the suicide was committed when he couldn't make free decisions, insurer is responsible for it. This can have more than a declarative effect but also be a basis of regulation. Exceptive clause that was introduced to protect the bereaved needs to make sure that its application and interpretation should coincide with basic principle of insurance contract.