펫보험에 관한 미국 보험법의 입법 동향에 대한 연구

As the number of people who own and care for companion animals has increased significantly, there is a need to distribute the financial burden of pet illness or accident rationally. In Korea, 11 insurance companies already sell pet insurance. Nevertheless, there is no specific law regarding pet insurance. Under the Animal Protection Act, it is only mandatory to have liability insurance in case certain vicious dogs harm(usually through bites) people or animals. It is because the insurance for dog bites is one of 47 types of compulsory insurance administered by 18 central administrative agencies based on the Framework Act on the Management of Disasters and Safety(administered by the Ministry of the Interior and Safety) and 45 individual laws in preparation for social safety. However, it is difficult to consider a pet injury or illness as a disaster. Although the Animal Protection Act includes a wide range of pet policies, including mandatory liability insurance for dog bites, the idea that the Act should regulate all pet policies is a path-dependent attitude. The current Animal Protection Act will be expanded and reorganized into the Animal Welfare Act in 2024. However, it still needs to be determined whether pet insurance will be included in the legislation((including pending legislation in the National Assembly) under the jurisdiction of the Ministry of Agriculture, Forestry, and Fisheries. On the other hand, there is a view that pet insurance is suitable for a small amount and short-term insurance companies under the Insurance Business Act. In Japan, as of July 2023, 12 out of 118 registered small-amount and short-term insurance companies are selling pet insurance, while five non-life insurance companies sell pet insurance. However, in Korea, the Insurance Business Act defines animal insurance as a non-life insurance product and large insurance companies already sell it. So there is no need to forcibly regulate the companies that can engage in the pet insurance business. Currently, two bills are pending in the National Assembly, including one that would create a comprehensive pet insurance law. Researching the best legislation pathway for pet insurance led to an interest in legislative trends and history in the United States. In the United States, some states have pet insurance provisions in their insurance laws. It is a rare example worldwide. California has provided for pet insurance in its Insurance Code (Cal. Ins. Code §§12880-12880.6) since 2016. The National Association of Insurance Commissioners (NAIC) published the Pet Insurance Model Act in 2022.7.21. Since then, four states have finalized legislation, including Maine's Insurance Code(§§3151-3161). Four states have bills pending in Congress. Given the Model Act's overwhelming influence on insurance legislation in states across the country, the response to the Model Act from various states, and the fact that it is only one year old, it is confident that more states will continue to enact pet insurance provisions. The insurance laws of each U.S. state can be thought of as a combination of Korea's Commercial Act Part 4 Insurance and the Insurance Business Act, and the purpose of this paper is to examine how the laws of these two states and the Model Act regulate pet insurance and for what purposes. Pet insurance laws in the United States have practical provisions to improve policyholder satisfaction. It seems that adopting the whole U.S. law in Korea is unnecessary. Nevertheless, it seems reasonable to stipulate matters necessary to protect consumers and improve the use of pet insurance in subordinate laws of the insurance industry or standard terms and conditions of pet insurance. Further research is needed on which content related to pet insurance should be adopted and in what form.