타보험계약의 존재와 고지의무

Abstract

In this article, I survey English, American, Australian, German, Japaneseinsurance law about the duty to disclose other insurance contract. On the basis ofcomparative legal research, I draw the following conclusion in Korean insurancelaw. The existence of other insurance contract is not the matter that should bedisclosed to insurer per se, in Korean insurance law. But when insurance contractsare so accumulated that one have reason to doubt the insured's moral hazard, thenother insurance contract should be disclosed to insurer. When there is duty ofdisclosure about other insurance contract, it is desirable to admit generously thecausation between non-disclosure and the occurrence of the insured event.