英國保險法의 改正動向과 示唆點
Reforming Insurance Contract Law in United Kingdom and the Suggestion
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The report and draft Bill published as part of the English and Scottish Law Commissions' joint review of insurance contract law. The report recommends a new consumer statute to address the issue of what a consumer must tell an insurer before taking out insurance. The Bill replaces the duty to volunteer information with a duty on consumers to take reasonable care to answer the insurer's questions fully and accurately. The existing law of United Kingdom requires a consumer to volunteer information about other insurances to insurers. It is said that the English Reform would improve consumer protection by giving consumers the legal rights, also enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their faivor. This paper is to study and analyze our draft bil presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill 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
The report and draft Bill published as part of the English and Scottish Law Commissions' joint review of insurance contract law. The report recommends a new consumer statute to address the issue of what a consumer must tell an insurer before taking out insurance. The Bill replaces the duty to volunteer information with a duty on consumers to take reasonable care to answer the insurer's questions fully and accurately. The existing law of United Kingdom requires a consumer to volunteer information about other insurances to insurers. It is said that the English Reform would improve consumer protection by giving consumers the legal rights, also enhance the reputation of the industry by reducing the scope for insurers to rely on strict legal rights that are unfairly balanced in their faivor. This paper is to study and analyze our draft bil presented by the Korean Government in 2008. First of all our draft bill requires a consumer to volunteer information about other insurances to insurers, and if not the insurer may cancel the insurance contract. However, it is now generally accepted that insurers should ask consumer for the information they want to know. The law needs to be updated to correspond to the realities of a mass consumer market. In this process, the drafted bill of United Kingdom would be a good model to us, and controversial issues of the bill 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 (47)
- 곽윤직, "민법주해(X)" (2005), 박영사
- 곽윤직, "채권총론" (1999), 박영사
- 김성태, "현행 상법의 문제점과 개선방안", 법조, (613) (2007)
- 김성태, "보험법강론" (2001), 법문사
- 박기억, "상법 제4편 개정안상의 주요 쟁점조항의 검토", 상법 일부개정안에 관한 공청회 자료집 (2009), 국회법제사법위원회
- 박세민, "영국보험법과 고지의무" (2004), 세창출판사
- 박준서, "주석민법 채권총칙(2)" (2002), 한국사법행정학회
- 양승규, "보험법" (2006), 삼지원
- 양승규, "보험판례연구" (2000), 삼지원
- 양승규, "보험법의 쟁점" (2000), 법문사
- 양승규, "보험법개정의 관점" (2009), 목원출판사
- 장경환, "상법 제4편 개정안상의 주요 쟁점조항의 검토", 상법 일부개정안에 관한 공청회 자료집 (2009), 국회법제사법위원회
- 장덕조, "상법 보험편 개정안에 대한 검토의견", 상법 일부개정안에 관한 공청회자료집 (2009), 국회법제사법위훤회
- 장덕조, "詐欺的 保險金請求 - 商法 保險編 改正案 批判 -", 인권과 정의, (386), pp.50~69 (2008), 대한변호사협회
- 장덕조, "英國의 保險契約法 改正動向과 最大善意", 보험학회지, (82), pp.133~154 (2009), 한국보험학회
- 장덕조, "보험법쟁점연구 I" (2002), 법영사
- 한창희, "보험계약에 있어서의 신의성실의무", 보험학회지, (80), pp.37~62 (2008), 한국보험학회
- A.A. Tarr, "Utmost Good Faith in Insurance: Reform Overdue?", Asia Pacific Law Review, 10 (2002)
- Alan Berg, "Promises to Negotiate in Good Faith", L.Q.R., 119, pp.357~ (2003)
- Baris Soyer, "Continuing duty of utmost good faith in insurance contracts: still alive?", LMCLQ, pp.385~ (2003)
- "Insurance Law Reform: the consumer case for review of insurance law" (1997)[URL]
- C. Brown, "The Impact of Recent Legal Developments on Liability Insurance", Ins. L.J., 17, pp.118~ (2006)
- Christopher Butch, "Good Faith In Insurance Law: A Redundant Concept", J.B.L, (2008)
- Colin Ying, "Damages for Late Payment of Insurance Claims", L.Q.R., pp.205~ (2006)
- D Rhidian Thomas, "Fraudulent insurance claims: definition, consequence and limitations", LMCLQ, pp.447~ (2006)
- David A. Fischer, "Teaching Torts Without Insurance: A Second Best-Solution", St. Louis U.L.J., 45 (2001)
- Janan Al-Asady, "Damages, Late Payment and Indemnity Insurance", J.B.L. (2006)
- John Birds, "John Birds’ Modern Insurance Law, 7th ed." (2007), Sweet & Maxwell
- A Joint Consultation Paper, "Law Commission", ~ (2007)
- Law Commission, "A Summary of Responses to Consultation", ~ (2008)
- Law Commission, "Insurance Contract Law Analysis of Responses and Decisions on Scope", ~ (2006)
- Issues Paper 4: Insurable Interest, "Law Commission", ~ (2008)
- Joint Paper on Scope: Analysis of Responses and Decisions on Scope, "Law Commission", ~ (2006)
- Law Commission, "Policy Statement", ~ (2009)
- Law Commission, "A Summary of Responses on Consumer Insurance Reform", ~ (2007)
- Law Commission, "Insurance Law, Non-Disclosure and Breach of Warranty", Law Com, (104) (1980)
- Lowry, "Insurers, Claims and the Boundaries of Good Faith", M.L.R., 68, pp.82~ (2005)
- Malcolm A Clarke, "The Law of Insurance Contracts" (2006), Lloyd's of London Press Ltd.
- Malcolm A. Clarke, "Towards a European Insurance Contract Law? Recent developments in Brussels", ~ (2006)
- Malcolm A. Clarke, "Good Faith and Bad Blood in Insurance Claims", South Africa Law Journal, 14, pp.65~ (2002)
- Malcolm A. Clarke, "The Common Law of Contract in 1993: Is There a General Doctrine of Good Faith?", H.K.L.J., 23, pp.318~ (1993)
- Malcolm A. Clarke, "Good Faith and Bad Blood in Insurance Claims", South Africa Law Journal, 14, pp.65~ (2002)
- R Merkin, "Reconstructing Insurance Law", Modern Law Review (2008)
- R Merkin, "Reconstructing Insurance Law", ~ (2008)
- Römer, "Versicherungsvertragsgesetz mit PfIVG und KfzPFIVV, 2 Aufl" (2003), C.H.Beck
- A Joint Scoping Paper for Insurance Contract Law, "The Law Commission", ~ (2006)
- "Westlaw On Line Data Base"[URL]