2015 영국보험법에서 최대선의원칙과 보험자의 공정표시 의무에 관한 연구

Abstract

Purpose This thesis aims to provide a comparative analysis of the doctrine of utmost good faith and mutual duties of the insurer and the insured in the UK insurance laws and regulations and to identify remedies that may be used in violation of an insurer's duty of fair presentation of risks. Design/Methodology/Approach This paper reviews through the analysis of judicial precedents on the doctrine of utmost good faith and the insurer’s duty of fair presentation of risks in the Marine Insurance Act 1906 and the Insurance Act 2015. Findings The interpretation of the doctrine of utmost good faith may be wider after the coming into force of IA by imposing further duties on both insureds and insurers. This can be seen as an advantage to use the doctrine as an interpretative principle for not only the interpretation of the duty of fair presentation, but also to impose implied terms affecting both insurers and insureds. Therefore, the courts may now be able to imply clear insured’s post-contractual duties and insurers’ pre and post contractual duties based on the doctrine of utmost good faith. The study proposes to accept damages as the impact of implying the duties to allow damages to be claimed for the breach of this implied term. Research Implications A critical analysis of the principle of utmost good faith in UK insurance law is important in this paper, and therefore this study helps clarify this uncertainty as the legal field for remedies in the event of a breach is uncertain.