장해보험금을 지급받은 피보험자가 사망한 경우 보험자의 사망보험금지급책임 -대법원 2013.5.23. 선고 2011다45736 판결-
On the Death of the Insured who received Disability Insurance Payments in Accident Insurance -Supreme Court Decision 2011Da45736 Decided May 23, 2013-
김선정(동국대학교)
27권 3호, 233~257쪽
초록
In spite of no provisions on special accident(disaster) insurance in commercial act and insurance business act, the market volume of accident insurance growing at a rapid pace. As a result many legal dispute was occurred. The subject of this commentary is one of them. In recently, the supreme court holding which insurance benefit was paid in that case of the disability insurance benefit or death insurance benefit, both of them was involved in one insurance policy and the injury caused by same accident. Main issue of this decision is what's the criteria test of temporary disability and permanent decision. The first trial apply the doctrine of contra proferentem and judged against the insurer. Contra proferentem embodied art. 5.(2) of Regulation of adhesion contract act as provided as “Any contractual terms whose meaning is ambiguous shall be interpreted in favor of the customer”. But supreme court do not clearly answer the question of how such concerned general conditions should be interpreted. Rather, Supreme court save the insurer from a construction of the ambiguity by applying art.5.(1) in a manner fair and impartial toward customer. The supreme court concluded that to distinguishing criteria of temporary disability or permanent disability have to consider the concerned elements comprehensive. The writer agree with the supreme court's test and also emphasized that the revision of general conditions on accident insurance.
Abstract
In spite of no provisions on special accident(disaster) insurance in commercial act and insurance business act, the market volume of accident insurance growing at a rapid pace. As a result many legal dispute was occurred. The subject of this commentary is one of them. In recently, the supreme court holding which insurance benefit was paid in that case of the disability insurance benefit or death insurance benefit, both of them was involved in one insurance policy and the injury caused by same accident. Main issue of this decision is what's the criteria test of temporary disability and permanent decision. The first trial apply the doctrine of contra proferentem and judged against the insurer. Contra proferentem embodied art. 5.(2) of Regulation of adhesion contract act as provided as “Any contractual terms whose meaning is ambiguous shall be interpreted in favor of the customer”. But supreme court do not clearly answer the question of how such concerned general conditions should be interpreted. Rather, Supreme court save the insurer from a construction of the ambiguity by applying art.5.(1) in a manner fair and impartial toward customer. The supreme court concluded that to distinguishing criteria of temporary disability or permanent disability have to consider the concerned elements comprehensive. The writer agree with the supreme court's test and also emphasized that the revision of general conditions on accident insurance.
- 발행기관:
- 한국기업법학회
- 분류:
- 법학