英國의 The Star Sea號 事件 判決과 海上保險契約에서의 最大善意義務

Abstract

A contract of marine insurance is founded on the doctrine of utmost good faith in England. Under section 17 of the Marine Insurance Act 1906, a contract of marine insurance is a contract based upon the utmost good faith. It is said that the doctrine of utmost good faith applies to all insurance contracts. Furthermore, the duty of utmost good faith is a broader and deeper concept than the duty of disclosure and representations under MIA. This duty of utmost good faith is reciprocal between the insurer and the assured. It is understood that this duty is still effective before or after the making of an insurance contract. After the making of the insurance contract, however, the content of the duty of utmost good faith is not clear.Recently, the House of Lords dealt with the Star Sea case closely related to the duty of utmost good faith, and judged as follows.First, the duty of utmost good faith is reciprocal and maintained after the conclusion of the insurance contract.Second, a fraudulent claim of the assured is a breach of the duty of utmost good faith, and therefore he can not recover the claim. Third, in litigation the duty of utmost good faith does not apply to the acts of the assured.In conclusion, the obligation of utmost good faith after the making of the insurance contract is still maintained, but the obligation should narrowly apply to the acts of the assured except his fraudulent claim.