보험계약은 일종의 사행계약으로 선의성이 요구되며, 보험법은 보험계약자에게 위험에 관한 진실한 정보를 제공할 의무인 고지의무를 부과하고 있다. 이러한 고지의무제도는 보험계약의 특성에서 오는 특유한 제도이므로 다음과 같은 개선방안이 요구된다. 고지의무가 법률상의 의무라 하더라도 계약체결시 보험계약자에게 고지의무의 부담사실을 명백히 설명하는 것이 바람직할 것이며, 보험가입자보호의 측면에서 보험모집인의 고지수령권을 인정하여야 한다. 또한 질문표의 질문사항에 포함되어있지 않는 사항도 고지의무의 대상이 되는 중요한 사항일 수 있으며, 해지권의 포기는 보험계약이 위험단체를 전제로 하는 다수계약인 점에서 보험단체의 이익과 관련하여 고려하여야 하고, 모든 고지의무위반으로 인한 보험자의 해지권을 포괄적으로 미리 포기하는 합의는 선량한 풍속 기타 사회질서에 반하므로 무효라고 할 것이다.

A study on Duty of Disclosure & Representation An insurance contract is a ‘contract of Uberrima fides (utmost good faith)’, which means that all parties to the contract are under a strict duty to deal fully and frankly with each other. As a result, the potential parties to it are bound to volunteer to each other before the contract is concluded information which is material. Accordingly, the insurer must specify, deliver and explain general clause to the insured, and the insured (an applicant for insurance) must disclose all facts that are ‘material’ (or relevant) to the risk for which they are seeking cover, prior to the conclusion of the contract. ‘Non-disclosure (or misrepresentation)’ refers to the situation where a insured fails to reveal a relevant fact when applying for an insurance contract. It is widely recognised that in some situations involving non-disclosure, applying the strict legal position can result in an unduly harsh outcome for the insured. A ‘material’ fact is one which would influence an underwriter when they were deciding whether to accept the risk, and the terms and conditions that should apply. If a insured fails to disclose (or misrepresents) a material fact and this induces the insurer to accept the proposed risk, the legal remedy is to ‘avoid’ the policy. This means the insurer is entitled to treat the policy as though it never existed. Unless fraud is involved, the insurer will normally return the premium and will not pay out on any claim made under the policy.

A study on Duty of Disclosure & Representation An insurance contract is a ‘contract of Uberrima fides (utmost good faith)’, which means that all parties to the contract are under a strict duty to deal fully and frankly with each other. As a result, the potential parties to it are bound to volunteer to each other before the contract is concluded information which is material. Accordingly, the insurer must specify, deliver and explain general clause to the insured, and the insured (an applicant for insurance) must disclose all facts that are ‘material’ (or relevant) to the risk for which they are seeking cover, prior to the conclusion of the contract. ‘Non-disclosure (or misrepresentation)’ refers to the situation where a insured fails to reveal a relevant fact when applying for an insurance contract. It is widely recognised that in some situations involving non-disclosure, applying the strict legal position can result in an unduly harsh outcome for the insured. A ‘material’ fact is one which would influence an underwriter when they were deciding whether to accept the risk, and the terms and conditions that should apply. If a insured fails to disclose (or misrepresents) a material fact and this induces the insurer to accept the proposed risk, the legal remedy is to ‘avoid’ the policy. This means the insurer is entitled to treat the policy as though it never existed. Unless fraud is involved, the insurer will normally return the premium and will not pay out on any claim made under the policy.

disclosure and representation, uberrima fides, material facts, questionaire, non-disclosure, misrepresentation