영국 보험법 상 사기적인 보험금청구의 계약적 효과

초록

The Contractual Effect of Fraudulent Claim in English Insurance LawGeon-Hoon ShinFraudulent claims have been a problem for the insurance industry since the commencement of insurance. In order to cope with the problem, insurers have traditionally incorporated clauses providing that the insurance will be rendered void or all benefit forfeit in the event of a fraudulent claim into insurance policies. However, even in the existence of such a provision, the contractual effect of fraudulent claim have been not so clear up to date. The purpose of this article is, therefore, to analyse the contractual consequence of fraudulent claim which is based upon recent English cases. The result of analysis are as following.First, English courts have been relied upon the doctrine of utmost good faith which is specific principle of insurance contract law, to explain the consequence of fraudulent claim. However, Mance LJ in The Aegeon case rejected the establishment of interrelation between two concepts.Secondly, Mance LJ in The Aegeon case applied the public policy rule which is specific to common law. In the case, he proposed remedies against fraudulent claim which have current and prospective effect, that is to say, forfeiture of current claim and/or termination of contract. Thirdly, in the AXA case, Mance LJ confirmed that the effect of a fraudulent claim was not limited to the current and prospective effect and could operate retrospectively. In the AXA case, the establishment of partially retrospective effect against fraudulent claim by Mance LJ seems to be the result of considering the function of law policy to deter fraud in relation insurance claim.

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