2008년도 보험법 판례의 동향과 그 연구

초록

This paper is to study and analyze some important cases held by the Korean Supreme in 2008. First, this paper studies the scope of the automobile insured accident. It is usually expressed in the automobile insurance policy "are covered for the ownership, maintenance, or use of auto." Second, the automobile insurance policy generally provides that insured- that is, the covered persons, including the named insured and his or her family members who reside in the same household- are covered "for the ownership, maintenance, or use of auto." This means each of these persons is insured both as an operator of the vehicle designed in the insurance policy. This paper attempts to identify the exact meaning of the policy. Third, this paper deals with the question whether injury, loss, or damage inflicted by a person insured under a insurance policy was "intentional" injury, loss, or damage within the scope of an intentional injury exclusion clause set forth in the Korean Commercial §659. Forth, the subject of this study is temporary protection of insurance. A substantial period of time may passs between the moment insurance is applied for and the date when an insurance policy is issued. This occurs because an applicant is dealing with a sales representative who does not have the authority to issue a policy. A lack of coverage before the issuance of an insurance policy, especially when the period extends for weeks or months, is disadvantageous to an applicant. The Supreme Court construed the related regulation, and this paper clarified the hloding.

키워드