변호사전문인배상책임보험에서의 보험사고- 대법원 2017. 1. 25. 선고 2014다20998 판결 -

This judgment is about the requirements that the insured receive a insurance through the Lawyers Professional Reliability Insurance Policy. As a precondition to this judgment, it is necessary to check what this insurance policies are adopting as the standards of insurance accident. The english insurance policy of this case states “We will pay on behalf of an insured ‘damages’ and ‘claims expenses’ for which ‘claim’ is first made during the ‘policy period’ and reported to us within the ‘policy period’, any subsequent renewal of the policy or applicable Extended Reporting Period. Such ‘damages’ must arise out of an error, omission, negligent act or ‘personal injury’ in the rendering of or failure to render ‘professional legal services’ for others by you or on your behalf.”. English insurance policy of this case clearly adopts claims-made basis. If the english insurance policy of this case adopts the claims-made basis concerning an insurance accident, we have to determine whether there was a “a demand received by an insured for money or services alleging an error, omission, negligent act or ‘personal injury’ in the rendering of or failure to render professional legal services” defined as ‘claim’. Unlike the judgment, we could interpret that it is a claims that the plaintiff was unable to perform his registration-related work because of her staff's embezzlement, and was asked to perform the registration-related work and pay for damages from the client. In other words, there was a insurance accident. Furthermore, in order to be compensated for the insurance coverage, there should be a ‘damage’ resulting from the ‘claim’. In conclusion, we can consider the insurer has to pay their insured in this case.