자동차보험에서 ‘무보험자동차에 의한 상해보험’에 관한 연구
A Study on the Uninsured Motorist Bodily Injury Coverage in Automobile Insurance Policies
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참고문헌
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초록
Uninsured motorist bodily injury coverage is a kind of coverages in automobile insurance policies. Uninsured motorist bodily injury coverage indemnify insureds when they are injured by another driver who either has no insurance coverage or who does not have enough insurance to cover the cost of the damages. The owner of the policy pays a premium to the insurance company to include this coverage. In the event of a qualifying accident, the insurance company pays the difference between what the uninsured driver can pay and what the injured driver would be entitled to as if the uninsured motorist had proper insurance. The legal nature of uninsured motorist bodily injury coverage is a very important subject for discussion because several legal problems about uninsured motorist bodily injury coverage depend on what is it’s legal nature. Korean Supreme Court has judged that the legal nature of uninsured motorist bodily injury coverage is a personal accident insurance which also has some nature of non-life insurance. In Korean Commercial Act, personal accident insurance is a kind of life insurance. So under the Korean Supreme Court judgment, the legal nature of uninsured motorist bodily injury coverage is half life insurance and half non-life insurance. The author thinks it is difficult to solve the problems of uninsured motorist bodily injury coverage under the Korean Supreme Court judgment. In this paper, the author suggest that the legal nature of uninsured motorist bodily injury coverage is similar liability insurance. And the author solves the legal problems of uninsured motorist bodily injury coverage within that legal nature.
Abstract
Uninsured motorist bodily injury coverage is a kind of coverages in automobile insurance policies. Uninsured motorist bodily injury coverage indemnify insureds when they are injured by another driver who either has no insurance coverage or who does not have enough insurance to cover the cost of the damages. The owner of the policy pays a premium to the insurance company to include this coverage. In the event of a qualifying accident, the insurance company pays the difference between what the uninsured driver can pay and what the injured driver would be entitled to as if the uninsured motorist had proper insurance. The legal nature of uninsured motorist bodily injury coverage is a very important subject for discussion because several legal problems about uninsured motorist bodily injury coverage depend on what is it’s legal nature. Korean Supreme Court has judged that the legal nature of uninsured motorist bodily injury coverage is a personal accident insurance which also has some nature of non-life insurance. In Korean Commercial Act, personal accident insurance is a kind of life insurance. So under the Korean Supreme Court judgment, the legal nature of uninsured motorist bodily injury coverage is half life insurance and half non-life insurance. The author thinks it is difficult to solve the problems of uninsured motorist bodily injury coverage under the Korean Supreme Court judgment. In this paper, the author suggest that the legal nature of uninsured motorist bodily injury coverage is similar liability insurance. And the author solves the legal problems of uninsured motorist bodily injury coverage within that legal nature.
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