2015년도 보험법 판례 회고

This paper is to study and analyze some important insurance law cases held by the Korean Supreme Court in 2015. The first case, the issue involves matter related to the contention of the claim in case of partial insurance. Namely, this is a matter of judgment about who does take priority among the insured’s claims and the insurer's subrogation. In some cases, even if the third party caused damage and the insurer paid of insurance money, part of insured’s damage may remain. If part of insured’s damage remains after the insured received of insurance money, it is interpreted that insurer's subrogation is only recognized so far as the rights of the insured are not prejudice. Next case, if liability insurance is redundant, it becomes double insurance, then it is a matter of decision about how share these double insurance. Third, this a matter of judgment relates to interpretation of agreements, an agreements shall be construed impartially in accordance with the principle of trust and good faith, and shall not be construed differently depending on customers. If the meaning of terms and conditions is not clear, it shall be construed in favor of customers. Forth, suicide under non compos mentis(including insane) is not a deliberate accident. Therefore, it is normal that the insurer's liability occurs. But the target judgment sentences the opposite conclusion. So I oppose to the final judgement, I look forward to a change of ruling. Finally, it is reasonable to judge whether the insurer claims the invalidity of the contract, for policyholder who concluded a number of insurance contracts. I attempt to identify the exact meaning of legal principles of insurance law in this paper.