중복보험; 고지의무; 통지의무; 강행규정; 고지의무 위반과 보험사고 발생 사이의 인과관계; Double Insurance; Duty of Disclosure; Mandatory Rules; the Causation between Non-Disclosure and the Occurrence of the Insured Event
법학논총, v. 32, NO 1, Page. 103-126
In this article, I survey English, American, Australian, German, Japanese insurance law about the duty to disclose other insurance contract. On the basis of comparative legal research, I draw the following conclusion in Korean insurance law. The existence of other insurance contract is not the matter that should be disclosed to insurer per se, in Korean insurance law. But when insurance contracts are so accumulated that one have reason to doubt the insured``s moral hazard, then other insurance contract should be disclosed to insurer. When there is duty of disclosure about other insurance contract, it is desirable to admit generously the causation between non-disclosure and the occurrence of the insured event.