告知義務因果關係不存在抗辯與保險契約效力

A Study on an Insurer's Remedies of Non-disclosure and Lack of a Causal Link between the Breach and the Loss.

The duty of disclosure in the Article 64 of Insurance Code is said to be the most controversial issue in the legal disputes between insurers and insureds. When the policyholder is in breach of duty of disclosure, the insurer shall be entitled to avoid the contract and retain the right to any premium due even after the insured event. In the case of non-disclosure, however, the remedy to rescind contracts of insurance can be limited in lack of a causal link between the non-disclosure and the insured event. In this work, the author would like to criticize and analyze the problems arising from the remedy of non-disclosure based on several courts’ decisions and a selective survey on the rule of non-disclosure in several countries.