Cendor MOPU사건에 관한 연구

The decision of the English Supreme Court in The Cendor MOPU is arguably the most important decision in marine insurance since the Second World War. In this article, the judgments in the Cendor MOPU are considered at several points, that is, (1) proximate and multiple concurrent causes, (2) definition of inherent vice, (3) burden of proof, etc. When Korean marine insurance contracts are concluded, English conditions are generally included in them. Institute Conditions established by English marine insurers’ contains English governing clause which means “This insurance is subject to English law and practice”. Korean Supreme Court has recognized English law and practice regarding marine insurance as Korean sources of law. So the exact understanding of The Cendor MOPU is necessary. Currently the hull insurance issue of The Sewol sea accident is under discussion in the court. The author writes that The Cendor MOPU decision would impact on the settlement of The Sewol hull insurance. The writer thinks that the attitude of Korean Commercial Code s. 678 which exempts the insurers from the loss arising from inherent nature or vice is needed to examine in view of English marine insurance practice. English marine insurance divides the inherent vice into evitable inherent vice and accidental inherent vice. Where there is an agreement between insurer and insured which the insurer is liable to the loss arising from inherent nature or vice, the insurer is liable to indemnify.