실손보상형 상해보험에서의 중복보험 문제

As the accident insurance falls under personal insurance from the fact that the object of insurance is a person, the cases such as dying of injuries gets the nature of a pure fixed return insurance such as life insurance as the stipulated insurance benefit is paid out. However, the accident insurance which agrees to compensate for the actually suffered by an insured person such as medical expenses, etc due to accident also contains the nature of nonlife insurance. Thus, while the accident insurance is composed of the usual fixed return insurance aspect and the non fixed return insurance, the latter creates a risk of gambling through double insurance just like the ordinary accident insurance as it also has the nature of nonlife insurance. Despite this fact, as our commercial law only applies the regulations on the life insurance related to the accident insurance, there is a controversy on whether the double insurance principle of the nonlife insurance can be applied on the actual loss compensation type accident insurance. Such problem is the same in terms of the automobile insurance contract which is a type of nonlife insurance contract. In this paper, the theories and cases related to the personal injury security provision of accident insurance and automobile insurance to present their legislative improvement plan after examining the general theories related to the accident insurance contract and double insurance. In my opinion, the principle of nonlife insurance could be applied on such actual loss compensation type accident insurance because the nature of nonlife insurance which is a non fixed return insurance also can be accepted in case the benefit of accident insurance gets the nature of actual loss compensation. Therefore, it seems that the regulation of nonlife insurance could also be applied at the extent of not being opposed to the nature such as double insurance or insurer subrogation provision, etc on the actual loss compensation type insurance among the nonlife insurances. Especially, while the commercial law is set to applying only the life insurance provisions on the accident insurance. It would have to be made to also apply the provisions related to the nonlife insurance within a reasonable range. In other words, it is necessary to newly establish the provisions to apply the double insurance provisions of the nonlife insurance on the actual loss compensation type insurance among accident insurances.