피보험이익과 타보험조항에 관한 연구 －자동차보험과 산재보험 중심으로－

Abstract

Automobile Insurance which covers the liability arising out of automobile accident is quite different from Workers Compensation Insurance which has the purpose of covering the bodily injuries arising out of accident occurred on duty, but the problem of double payment by both insurance policies arises at the time of automobile accident. The Automobile Insurance general policy wording (Article 14-(2)-⑨-Ma) says that Automobile Insurance shall not cover bodily injuries sustained to the person if he or she is injured as an employee of insured and then is covered under Workers Compensation Insurance. Workers’ Compensation Insurance Law (Article 80-3) also stipulates that the Insurance Corporation shall not pay the insurance benefits paid by others under this law, pursuant to regulations laid out in Presidential Decree, in case that he or she receives the money equivalent to insurance benefits for the same reasons under Civil Law and other Acts. As shown in the above rules, each regulation has “Other clause” mutually excluding the indemnity liability so as to prevent the overlapping payment of liability claims if he or she(victim) is paid under other laws. If Automobile accident occurs on victim’s duty, he or she is entitled to file both Automobile Insurance and Workers’ Compensation Insurance claim respectively. However,unfortunately there have been no clear solutions or practically handling Automobile accident occurred on duty even if “other Insurance clause” is stipulated in both Automobile Insurance and Worker Compensation insurance. In that respect, I find it very necessary to come up with a rational and comprehensive improvement plan by further studying and reviewing the above problem. In other words, this paper aims at contributing to the growth of insurance industry by presenting the recommended solution when Automobile insurance and Workers’ Compensation Insurance conflict with each other in handling the accident(bodily injury claim) occurred on duty