보험회사의 보험설계사에 대한 손해배상청구와 그 범위

Abstract

An insurance contract is concluded through solicitation of insurance solicitors, the soliciting conduct of planners influence greatly on insurance deals. The soliciting conduct of insurance solicitor is regulated by insurance acts and its related regulations. If a policyholder bears loss from the solicitors' conduct, insurers shall take responsibility for indemnifying any loss caused according to Article 102, paragraph (1) of the Insurance Act. Such liabilities of insurers are to protect policyholders trust on certain insurance deals. In order for the liability of damages to be established, the solicitor's conduct should be in accordance with 'performing solicitation' under Article 102, paragraph (1) of the Insurance Act. If his conduct accords with the condition, the insurer should compensate for the loss of proximate causal relation, which caused for the policyholder. Given such, whether the conduct of insurance solicitor accords with solicitation or not, becomes a standard for balancing conflicting interests. The scope and extent of a policyholder's indemnity determines the scope of insurer liability as well as its reimbursement to the insurance solicitor. As a result, reviewing the conditions of insurer liabilities and their effect becomes important for determining response directions of insurers.