보험금지급지체의 손해와 보험자의 의무 - 영국의 보험계약법 개정안의 시사점 -
Damage to Late Payment and Insurer's Duty
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In Korea, an insurer's duty to pay is provided for by the Commercial code. But, where the insurer doesn't pay insurance money to insured unjustifiably, the insured's right is not provided for. On 24 March 2010, U.K. Law Commissions published an ‘Issues paper 6' considering whether an insurer should be liable for a policyholder’s loss suffered as a result of a late or non-payment of an insurance claim. At present, the English case of Sprung provides that a policyholder cannot recover for such losses, even if the insurer wrongfully refuses to pay out on time and the policyholder goes out of business as a result. U.K. Law Commissions discuss why they think Sprung is out of line with modern contractual principles Article 393 of the Korean Civil Code specifies general damage and foreseeable special damage as the remoteness of damages. Thus, whether or not the insured has a right to damages for late payment as special damages is based on the Article 393 of the Korean Civil Code. However, There is little hope of the interpretation of law on the korean precedent cases. The duty to pay is, of course, the essence of an insurer's obligation under an insurance contract and a contract of insurance is a contract based upon the utmost good faith. Therefore, at this time there is a need to make provisions for protecting the insured.
Abstract
In Korea, an insurer's duty to pay is provided for by the Commercial code. But, where the insurer doesn't pay insurance money to insured unjustifiably, the insured's right is not provided for. On 24 March 2010, U.K. Law Commissions published an ‘Issues paper 6' considering whether an insurer should be liable for a policyholder’s loss suffered as a result of a late or non-payment of an insurance claim. At present, the English case of Sprung provides that a policyholder cannot recover for such losses, even if the insurer wrongfully refuses to pay out on time and the policyholder goes out of business as a result. U.K. Law Commissions discuss why they think Sprung is out of line with modern contractual principles Article 393 of the Korean Civil Code specifies general damage and foreseeable special damage as the remoteness of damages. Thus, whether or not the insured has a right to damages for late payment as special damages is based on the Article 393 of the Korean Civil Code. However, There is little hope of the interpretation of law on the korean precedent cases. The duty to pay is, of course, the essence of an insurer's obligation under an insurance contract and a contract of insurance is a contract based upon the utmost good faith. Therefore, at this time there is a need to make provisions for protecting the insured.
참고문헌 (22)
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