재해보험약관상 자살면책조항에 관한 최근 판례의 검토 - 면책기간 경과 후의 자살이 재해사고로 되는지 여부 -

The suicide clauses in life insurance policies providing a period which suicide will not be covered. This clauses compromise the commercial code §659, because suicide is the insurance accident have arisen through the intension of the insured. In such clauses also include that after limited period from the date of the policies issued or effected, suicide shall not be a defense against claim because eliminating all restrictions thereafter. The provision of accidental protection is very similar to the life insurance policies. But critical disputes arises from the accidental protection because the suicide clauses is not compromise the definition of ‘accident’ described in the policies. The insurer refuse the indemnity on the ground that the suicide is not accidental risks even in the case of the suicide was committed after several years from the policy issued.This paper review the recent 4cases on suicide clauses in accidental protection. The legal nature of the insured death by suicide after limited period of time are not changed to accidental. But the insurer have to pay the accidental protection sum because the insurer choice the liable clauses for beneficiary. This view in accordance with the 3 cases that take the ‘contra proferentem’ principle.