보험계약체결 후 피보험자의 선의의무 -영국의 개정논의를 중심으로-
The Insured’s Post-Contract Duty of Good Faith
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On July 2010, U.K. Law Commissions published an ‘Issues paper 7'considering policyholders’ duties after the formation of the contract. In practice, the policyholder’s main duty is to act honestly when making a claim. U.K. Law Commissions consider the law of fraudulent claims,focusing in particular on what remedies should be available to insurers if policyholders act fraudulently. Insurance contracts are based on mutual duties of good faith, which apply both before and after the contract is formed. In last paper, Issues Paper 6,U.K Law Commissions considered the duties on the insurer after the contract had been formed-including the insurer’s duties to investigate, assess and pay valid claims. The Commissions asked what remedies should be available to policyholders if the duty was breached. This paper is to study and analyze our draft bill presented by the Korean Government in 2008. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the issue papers of United Kingdom would be a good model to us, and controversial issues of the issue papers could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.
Abstract
On July 2010, U.K. Law Commissions published an ‘Issues paper 7'considering policyholders’ duties after the formation of the contract. In practice, the policyholder’s main duty is to act honestly when making a claim. U.K. Law Commissions consider the law of fraudulent claims,focusing in particular on what remedies should be available to insurers if policyholders act fraudulently. Insurance contracts are based on mutual duties of good faith, which apply both before and after the contract is formed. In last paper, Issues Paper 6,U.K Law Commissions considered the duties on the insurer after the contract had been formed-including the insurer’s duties to investigate, assess and pay valid claims. The Commissions asked what remedies should be available to policyholders if the duty was breached. This paper is to study and analyze our draft bill presented by the Korean Government in 2008. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the issue papers of United Kingdom would be a good model to us, and controversial issues of the issue papers could be a good guidance because the main problems are similar. Our Reform should enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their favour. Reform would improve confidence in the industry. In this respect this paper tries to study.
참고문헌 (25)
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