보험증권상 피보험자의 사기행위와 보험계약의 효력 - 대법원 2014. 9. 4. 선고 2012다67559 판결을 중심으로 -

Abstract

For the purpose of the guarantee insurance, the insurer’s liability of indemnity is acknowledged in an insurance accident caused by policyholder’s bad faith or gross negligence on a main contract. But the non-fulfillment of contractual obligation by the policy-holer has a characteristic that requires an insurance accident occur intentionally due to the negligence of the obligator. That is why there is a potential risk of this feature to be misused in insurance fraud. In fact, there have been several cases where guarantee insurance products attached by installment finance special clause were misused in a deceitful act by a sales company, who was the insured under the guarantee insurance policy. The Supreme Court recently ruled that in the case where a buyer and a seller concluded a sales contract and the buyer received installment finance loan to pay the seller, such installment finance loan agreement should be considered as a main contract covered by the guarantee insurance, and the installment fiance company as the actual insured. Therefore, the guarantee insurance contract shall be still valid even if there was a deceitful act by the sales company who was the insured upon the insurance policy.