영국 해상보험법상 고지의무와 워런티 위반에 관한 최근 판례 동향 - SEA GLORY 사건의 보험금을 중심으로 -
Recent Development of the“Non-Disclosure”and“Breach of Warranties”Principle in 「MIA 1906」
정해석(오로라법률사무소 해상팀); 정영석(한국해양대학교)
32권 1호, 127~147쪽
초록
Marine companies insure marine insurances to alleviate risks which may arise toa vessel or shipment. Upon the Marine Insurance Act(“MIA”), an insurer requiresthe insured to disclose important matters to the insurer in order to assess the riskaccurately when the insurer underwrites insurance. However, if any circumstancewhich is known to the insurer and any circumstance which diminishes the risk, theduty of disclosure can be waived. Further, when the insurance contract is madebetween the insured and the insurer, the parties encompass implied or explicitwarranty(International Safety Management Code) in the contract. Since this is notfound in Korean law, if any dispute related to warranty occurs in Korea, thejudgment of the British Court should be reviewed and find out whether the legalprinciple of MIA can be used as is.
Abstract
Marine companies insure marine insurances to alleviate risks which may arise toa vessel or shipment. Upon the Marine Insurance Act(“MIA”), an insurer requiresthe insured to disclose important matters to the insurer in order to assess the riskaccurately when the insurer underwrites insurance. However, if any circumstancewhich is known to the insurer and any circumstance which diminishes the risk, theduty of disclosure can be waived. Further, when the insurance contract is madebetween the insured and the insurer, the parties encompass implied or explicitwarranty(International Safety Management Code) in the contract. Since this is notfound in Korean law, if any dispute related to warranty occurs in Korea, thejudgment of the British Court should be reviewed and find out whether the legalprinciple of MIA can be used as is.
- 발행기관:
- 법학연구소
- 분류:
- 법학