자동차책임보험에서 피보험자 개별적용의 사례 연구

Abstract

Except with respect to the limit of liability, the automobile liability insurance afforded applies seperately to each insured. This is the severability of interest clause. Korean Standard Automobile Insurance Policy says the clause applies to the workers compensation exclusion clause. But it is just a example of the severability of interest. Therefore, all clauses under the bodily liability insurance except the limit of liability the policy should apply seperately to each insured. That is the severability of interest theory. And even though the policy doesn't contain any severability of interest clause the bodily liability clauses should apply seperately to each insured. The supreme court and the majority stands for the theory. But the supreme court misjudged the severability of interest theory in the case described above. Even though the driving agent is one of the additional insureds the court decided that the compulsory bodily liability insurance did not bear responsibility to pay for the victim of the driving agent. This conclusion goes against the severability of interest theory and many former cases of the supreme court.