암보험에 있어서 보험사고 발생 후 계약해지 효과

The insured must disclose the every circumstance based on the facts to the insurer before the contract is concluded unlike general merchandise sales contract. According to the commercial law and the insurance policy, in case of breach of duty of disclosure, the insurer is able to cancel the insurance contract except in special circumstance regardless of whether the insured accident and do not pay the payment even if the insured accident. But if there is no causation with the insured accident and breach of duty of disclosure, the insurer is responsible for insurance payment. When the insurer cancel the contract on the grounds of breach of duty of disclosure without causation with the insured accident after the accident occurred, there is insurer's obligation to pay about accident occurred before termination of the insurance contract. When the insurance contract is terminated after cancer diagnosis in the case of cancer insurance, the insurer has obligation to pay the cancer diagnosis benefit. But there is no provision in the commercial law and the insurance policy for insurance payment about cancer treatment, cancer surgery, hospitalization, death benefit, etc. This study reviews the extension of insured accident without causation with breach of duty of disclosure and coverage of responsibility of the insurance company. According to the theory, judicial precedents and adjusting case, even if the contract is cancelled on the grounds of breach of duty of disclosure without causation with the insured accident, the insurer is responsible to pay for the surgery, hospital benefit, etc due to cancer because the surgery, etc are determined to be the cause of cancer diagnosis and the cancer diagnosis is confirmed during the insurance period. But in case of the death benefit or cancer death benefit, the court judged that although cancer unlike other diseases have a high probability of death, it can not be sure that it inevitably leads to death and death benefit unlike the surgery, etc is determined by the special contract terms in a separate insured accident, so after all confirmed diagnosis of cancer and death is a separate insured accident. Therefore, it was ruled that there is no obligation to pay the death benefit or the cancer death benefit because the contract is cancelled on the grounds of breach of duty of disclosure before the death of insured accident. However, the reason that cancer death is classified separately in the special contract terms is for the purpose of calculating insurance rate for the risk not for the purpose of separating cancer death and diagnosis of cancer. The special contract terms of the cancer death stipulates that cancer death benefit is paid in case of death as a direct cause of cancer. So if the cancer causes death clearly, and even if the contract is cancelled by reason of breach of duty of disclosure without causation with the insured accident after diagnosis of cancer, the insured accident of diagnosis of cancer and the death as a direct cause of cancer should be considered as one accident. Responsible period of 180 days after the insurance contract is canceled after diagnosis of cancer was deleted and new insurance policy was established. I concluded that the cancer death benefit should be paid by extending the responsible period of the insurance company because diagnosis of cancer and the death as a direct cause of cancer should be considered as one accident.