자동차보험에서의 피보험자 개별적용 - 보상실무상의 적용을 중심으로 -

Abstract

In automobile insurance policy which is the content of automobile insurance contract, the word "the insured" is generally defined in provisions of compensation liabilities and exception provisions. And then the scope of the insured is defined separately in extra provisions of each warranty. To make good use of automobile which is the benefit of civilization, the extend of compensation liability of automobile insurance is extended to the rate of practical use not only of the registered insured in the insurance policy but also someone of those are stipulated position or socially related people. The problem occurs whether the insured is an individual application or not. If there are the multiple insured who are liable to reparation in a car accident, the provisions of compensation liabilities and exclusions should be applied differently to each the insured because the insurable interest is individual and independent. There is no problem if the individual applications of the insured are expressly stipulated in insurance policy, but if there are not or partially stipulated in several provisions, it raises many contentions in compensation affairs. Each of the insured has his own insurable interest that all escape clauses shouldn't be interpreted as unconditional exception provisions. This research paper is focused on preventing the frequent confusions that resulted from the arbitrary constructions of the exception provisions in compensation affairs and on protecting the victims of the unilateral interpretations of the exception provisions by the insurers. Additionally, it should be considered to stipulate inclusively the individual applications of the insured as general provisions of the insurance policy to prevent interpretative confusion and to improve the problems.