最近 保險法 判例의 動向과 그 硏究

초록

Study of the Recent Insurance Law Cases Jang, Deok-Jo This paper is to study and analyze some important cases held by the Korean Supreme in 2004. First, this paper studies the life insurance of the third person. without documental consent of the third person before the conclusion of contract, the insurance contract is void. Even though the third person ratify after the conclusion contract, the contract may not be effective. The Court confirm this legal principle. Second, the annotated case is dealing with recoverability of amounts expended to protect insured property under the "sue and labor" clauses of liability insurance policies. whether an insured who has procured insurance against liability for property damage, may recover from the insurer expenses incurred in preventing or mitigating property damage. No case has been made in the Korean Supreme Court to discuss the issue of whether the existence of such a duty may bear on the recoverability of his expenses when the expenses exceeds the insured amount. Third, this paper debates the explanation duty of an insurer as applied to insurance coverage disputes. Courts and most scholars have argues for the soul of contract law. Under the traditional contract theory, the assent of both parties to the terms of an agreement is necessary for creation of an enforceable contract. Provisions excluding or limiting coverage, according to the theory, would not be enforceable because of "substantialness". However, it is very difficult to discern the substantial clause and the non-substantial. And so forth, this paper also explorers some the point at issues of insurance law.

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