대법원 판례를 중심으로 본 피보험자 개별적용법리 고찰

Abstract

Generally, the insured of, so called, the damage insurance which is the non-life insurance can be plural. In that meaning, the insured of the automobile insurance can be divided in some kinds such as the registered insured, the approved insured, the family insured, the employment insured and the driving insured. In automobile insurance policy which is the content of automobile insurance contract, the word "the insured" is generally defined in provisions of compensation liabilities and exception provisions. And then the scope of the insured is defined separately in extra provisions of each warranty. Actually, the extend of compensation liability of automobile insurance is extended to the rate of practical use not only of the registered insured in the insurance policy but also someone of those are stipulated position or socially related people. Under the situation of this extension, the practical problem occurs whether the insured is applied to the automobile insurance with an individual application or not. If there are the multiple insured who are liable to reparation in a car accident, the provisions of compensation liabilities and exclusions should be applied differently to the each insured because the insurable interest is individual and independent. However, it is not the problem if the individual applications of the insured are expressly stipulated in insurance policy. In contrary, it raises many problems of contentions in compensation affairs if the insurance policy does not express or partially stipulate the individual application of the insured in several provisions. Therefore this Article examines the legal matters related to the individual application of the insured in the automobile insurance in order to solve the problems occurred from the frequent confusions resulted from the arbitrary constructions of the exception provisions in compensation affairs and on protecting the victims of the unilateral interpretations of the exception provisions by the insurers.