손해보험사의 상해보험 약관에서 규정하고 있는 ‘피보험자의 정신질환’ 면책조항의 효력에 관한 판례 고찰 - 대법원 2015. 6. 23. 선고 2015다5378 판결 -

Abstract

‘Accident’ among the elements of an insurable accident under an accident insurance contract refers to an accident due to an unforeseeable cause and means an accident occurring accidently, which is neither intentional nor foreseeable, giving rise to a result that cannot be anticipated in the ordinary course of events. In that sense, suicide does not occur the insurer's liability because it is not an accident. Among an accident insurance clause sold by non-life insurance companies in the past, even if the insured had committed suicide with insane in the mental health status, there were provisions the insurer's liability does not occur. But suicide under non compos mentis(including insane) is not a deliberate accident. Therefore, it is normal that the insurer's liability occurs. But the target judgment sentences the opposite conclusion. I think that interpretation of those terms of the accident insurance of this case contain the exemption clause stating that “The accident caused by the insured's intentional is not compensated. Furthermore, the case of injuries caused by the insured's mental illness(namely insane), the company is not compensate” {Article 2 ① 6} must be different. Because the insured had consented to and foreseen such a result due to death and so there was an unforeseeable cause but no intention on the part of the insured was involved. So I oppose to the final judgement, I look forward to a change of ruling.