2013年度 保險法 判例의 動向과 그 硏究

This paper is to study and analyze some important cases held by the Korean Supreme in 2013. First, the issue involves the duty of disclosure and especially the term “gross negligence”. The insureds of the cases (the proposer) took insurances for the purpose of her daughter, and she did not know her daughter’s illness, so she did not answer questions on the something important. The Supreme Court construed the related matters, and this paper clarified the holding. Second, the court dealt with a variable insurance. it clarifies the rule of suitability and a setoff. Third, the court concludes that the insured can withdraw his consent if the based condition has been significantly changed. Forth, the personal accident insurance has been dealt on the issue of reduction of the claim. The court holds that insurance company can subtract the claim in the ratio of the already suffered disease. However the holding needs to be scrutinized in the aspects of the nature of a personal insurance. Fifth, the Supreme Court of Korea clarified the duty to explain of financial institutions. Sixth, the Supreme Court of Korea clarifies the scope of driving insured. If the named insured opposes, no one can be a driving insured.