2012年度 保險法 判例의 動向과 그 硏究

Abstract

This paper is to study and analyze some important cases held by the Korean Supreme in 2012. First, the issue is on the ‘severability of Interest theory’. Korean Supreme Court holds that it is possible for a liability policy to an additional insured even though there is no stipulation in policy about severability of interest, and a policy provision that refers to the insured is not applied collectively but severally. However, the broad application of the theory can create a complex situation that is difficult to deal with, and to produce an awesome result which conflicts with the principle of insurance law. Also there could be an ambuigity and troublesome if we keep on applying the theory broadly. I conclude that it must be confined to the limited area and the most ideal way is to revise the policy and then construe the revised policy literally. Second, the issue involves the duty of disclosure and multiple personal accident insurances. The insureds of the cases took insurances for the purpose of deceiving the insurer, and did not answer questions on the something important. The Supreme Court construed the related matters, and this paper clarified the holding. Third, guaranty insurance is an insurance that promises the debtor to indemnify the damage of the creditor which may arise in regard to the performance of obligation under contracts of sale, employment, works or others and receives from the debtor. Forth, the insurer’s subrogation right against third party are those of the insured himself. The court holds that the insurer’s rights are those of the insured, they can not be greater than themselves, and can not take precedence of the insured’s interest.