화재보험 실무상 지급보험금 계산 시 잔존물 가액 공제방식의 문제점에 관한 연구

• 영문명: A Study on the Problem of the Debris Value Deduction in the Calculation of the Payment Insurance Benefit in Fire Insurance Practice
• 발행기관: 충북대학교 법학연구소
• 저자명: 김덕현(Kim, Duk Hyun) 김진성(Kim, Jin Seong) 이경재(Lee, Kyung Jae)
• 간행물 정보: 『법학연구』第29卷 第2號, 333~356쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

In the practice of fire insurance, when there is debris from the damaged subject-matter of insurance, the insurer uses the net loss method, which subtracts the debris value from the loss after pre-paying the debris value to the insured that was won through the Internet auction. If the insurer wants to earn the debris from the fire accident, he must pay all amount of the insured amount. However, if debris practice is proceeded after providing insured amount on every accident regarding debris, the efficiency is greatly degraded. Of all, even when the insured is in need to recover from the accident site, if the insurer sells the debris after paying the insurance benefit, it will take a long time to provide insurance benefit and delay the recovery of the accident site. There is a requirement for Article 681 of the Commercial Law to establish an subrogation for subject-matter of insurance. First, everything needs to be in a loss. Secondly, all of insured amount must be paid to the insured. This research has conducted a comparative study on the differences between deducting debris value according to the Commercial Law and calculation of insurance benefit through net loss method. As a result, if insurance benefit is calculated with a net loss method, if some insurance conditions require 80% Co-Insurance, the ratio between the insured and the insurer regarding the debris value is allocated unfairly. As a solution, when calculating the debris value during the accident procedure, even if it involves pre-paying the insured, regarding any accident fully paying for insured amount, calculation of the insurance benefit should be done according to policy conditions, and then allocate debris value between the insurer and the insured. Furthermore, standard policy condition Article 13 (Debris) should be amended to prevent any further confusion. It goes as the following : Fire insurance standard policy condition Article 13 (Debris) If subject-matter of insurance results in an total loss and the company has provided the full amount of insured amount, the company ears the full rights about the ratio of insurable value to the insured amount.

목차

Ⅰ. 서론

Ⅱ. 보험자 대위 및 Co-Insurance

Ⅲ. 순손해액 방식과 상법에 근거한 잔존물 가액 공제방식의 비교

Ⅳ. 결론

키워드

화재보험 80% 공동보험 상법 제681조 순손해액 잔존물 가액 Fire Insurance 80% Co-Insurance Article 681 of the Commercial Law a Net Loss the Value of Debris.