2017년도 보험법 판례의 동향과 그 연구

Abstract

This article deals with the case law of insurance law in 2017. In 2017, a number of insurance law precedents were issued, among which the important decisions are as follows. First, further investigation is required to relate the deceitful act of fraud to the problem of violating the obligation of disclosure. Considering the various circumstances such as the fact that the disclosure obligation system is overly harsh to insurance consumers and the overall improvement process, it is necessary to consider whether the logic of granting the guarantor human rights status to the violation of disclosure obligation, In-depth demonstration is necessary. Second, the conclusions are correct with the ruling on double insurance and compensation rights in liability insurance. However, it is not appropriate for the explanatory part of the direct claim to be exercised by the insurer of the common illegal act against the insurer of the other joint illegal act. The right to acquire the insurer is not a claim for damages, but a right of recourse, which requires precise understanding of the legal nature, since the prescription period is completely different. Third, if the heir of the court is designated as beneficiary of the claim, and each heir is a beneficiary, it is reasonable that each heir acquires the claim according to the proportion of the inheritance. Fourth, it is reasonable to conclude that the limitation of the passenger's deliberation, which is the reason for the exemption in the Automobile Damages Guarantee Act, is limited to the act of consciously taking the decision of free passenger's decision. However, it is not appropriate that the intention that the intentions that are the reason for the exemption from personal insurance are distinguished from the meaning of the intentional intentions is called "due to the act being deliberately viewed as a whole".