무보험자동차에 의한 상해보험에서 중복보험과 보험자대위의 관계 - 대법원 2023. 6. 1. 선고 2019다237586 판결을 중심으로 -

The Supreme Court of Korea recently rendered a judgment clarifying legal principles regarding the limitation of subrogation claims by the insurer who has disbursed insurance benefits against the responsible party, in cases involving both double insurance and subrogation in uninsured motorist coverage. In this decision, the Supreme Court introduced a methodology distinct from the lower courts, stating that the amount of subrogation claims each double insurer can make against the responsible party should be calculated proportionately based on the ratio of their respective actual contributions. However, even with the methodology presented in this judgment, there remains room for criticism from the perspectives of prevention of circular litigation and adherence to the principle of good faith, as additional settlements or lawsuits among double insurers may still be necessary. To maximize efficiency, an alternative methodology can be suggested, whereby the amount of subrogation claims each double insurer can assert against the responsible party is calculated by deducting the final target contribution amount from their respective actual contributions. Nevertheless, considering the comprehensive legal foundation for recognizing double insurance and subrogation, as well as practical fairness among double insurers and adherence to established principles in liability insurance precedents, the methodology presented in the aforementioned judgment appears to be the most justified.