2004년도 보험판례의 회고와 전망

Abstract

In 2004, there were several Supreme Court's cases in insurance law. Insurance contract is one of the contracts in which there is a duty to be the utmost good faith. The insurer has the duty of specification and information of important contents in the standard insurance term. But the insurer is excused from the duty in case that the insured is expected to know the term because it is general and common. The insured is bound to disclose or notice the other insurance contract. Cases relating to this duty will be examined. The Commercial Code provides that the transfer of ship will terminate the ship insurance contract. The Supreme Court manifests that the word, transfer of ship, means the substantial transfer of ship ownership. Where the causes of accident insured concur, for the exemption from liability the insurer should prove that intention or gross negligence is the sole or decisive cause of the accident. In the contract of insurance for the benefit of a third part, the beneficiary's right to insurance money is his own peculiar one resulting from the contract. In a retroactive insurance, the accident insured ought to occur during the term insured. In this article, I will review and prospect some cases held by the Supreme Court in 2004.