다른 자동차운전담보 특별약관의 보상책임조항과 양도조항에 관한 연구

In the「Uninsured Motorist Coverage」, the accident due to ‘the other automobile’ is also covered by「The Driving Others Automobile Special Clause」. However, in order for the insurer to take responsibility of compensation, ‘driving the other automobile’ and ‘not parking or stopping’ besides liability for accident compensation and injuries of the insured is required, and as ‘personal damageⅠis excluded’ the coverage is possible only if the requirements are applied. However, considering the introduction intention of these special terms, it can be problematic because these special terms are to promote the convenience of the insured and help the victim of car accidents at the same time. In addition, ‘the other automobile’ that the insured is driving is not the covered vehicle originally, but the special terms aim to protect it identically with the case of liability caused by the covered vehicle. On the other hand, in case of the covered vehicle assignment, the force of the special terms is different from a proviso unlike the assignment clause. It accepts the effect of a lapsed insurance contract, which means that it violates the insurance law largely. Therefore, this study is conducted to look into those problems and the improvement methods.