책임보험자의 방어의무에 관한 연구

Most liability insurance policies in Korea provide that the insurance company has theright to defend the insured today. Because there wil be keen competition in the insurance industry soon, however, it has been that the insurer generally would have the duty to defend. Even though the liability insurance policies provide such duty, the determination of whether the duty to defend attaches involves a prospective analysis in the absence of a record of established facts. The insurer must make this at the time the insured informs the insurer that a lawsuit has been commenced. At that time, both the insurer and the insured are most likely in the worst position to forecast what the facts regarding coverage wil eventualy be found to be. Because the consequences of refusing to accept the defense of the insured can be quite severe, in all but the clearest cases of non-coverage insurers must accept the tender, even if only conditionally. The net result is that the insurer ends up providing coverage for claims that neither the insurer nor the insured to be covered. Accordingly, it is important the problem of how determinate that the duty to defend attaches.This research studied the discussion of duty to defend in the U.S. for the origin of the insurer’s duty to defend, the source and scope of the duty to defend and the effect of breach of the duty to defend.