영국해상보험 담보특약의 변화와 개선방안에 관한 연구

The duty of the insured to observe warranty is the most basic thing required by the insurer as a safety gear to minimize insurance accidents or to reduce loss. For marine insurance, as insurance accidents are largely affected by natural disasters while sailing and are widely distributed, the insured have had a strict duty to observe warranty since marine insurance developed. However, strict legal principles of warranty which seems to have been enacted in the 18th century have worked very efficiently for prevention of speculative use of insurance system, and limit the size of risk the insurer have to take in an environment where risk factors have to be evaluated based on information presented by the insured. Thus, the warranty contract has been applied so far in a very poor insurance underwriting environment which is hard to exactly evaluate risks. However, along with the development of IT industry in the 21st century, there has been criticism that legal principles of the conventional warranty which have been maintained for 200 years are relatively unreasonable to the insured, which reflects real changes in this area. Therefore, this study presents legal effects of traditional judgements in accordance with MIA and countermeasures.