해상보험계약에서 담보특약위반 효과의 변화에 관한 연구: 2015년 영국보험법과 관련하여

Abstract

Purpose - The purpose of this study is to analyze recent trend in the controversial issues of the interpretation of the warranty doctrine in marine insurance contracts. Design/methodology/approach - This study examines the analysis of judicial precedent of the warranty in MIA 1906 and the changes in the warranty doctrine so that it can be found in the Insurance Act 2015, Findings - The warranty doctrine in marine insurance contracts is designated a kind of contractual device to limit risks against spatial or temporal hazard. the strict application of warranties has attracted so much criticism from business circles that the UK Law Commission reformed warranties through the enactment of the Insurance Act 2015. The Insurance Act 2015 is summarized as following. First, any rule of law that breach of a warranty in a contract of insurance results in the discharge of the insurer’s liability under the contract is abolished. Secondly, the insurer neither has liability under a contract of insurance in respect of any loss occurring nor is attributable to something happening if after a warranty in the contract has been breached but before breach has been remedied. Thirdly, the insurer is liable for the loss, provided the insured proves that the breach could have not increased the risk of the loss that actually occurred. Research implications or Originality - The Insurance Act 2015 with a revised warranty, which is the core provision of MIA 1906, came into effect. It is intended to assist in adapting to the changes in the warranty doctrine which will be applied in the domestic marine insurance market, governed by the English law.