Korean Insurance Law Association最新文献

{"title":"A Study on the Suicide in Insanity in U.K. Life Insurance Policy","authors":"Won Gak Kim","doi":"10.36248/kdps.2023.17.3.055","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.3.055","url":null,"abstract":"According to the OECD report, the suicide rate in the U.K. in 2020 was 8.4 per 100,000 people, significantly lower than South Korea's rate of 24.1 per 100,000 people. In the U.K., however, suicide is a more serious legal topic than in other countries. In the U.K., life insurance policies can pay out for suicide. Nevertheless, most policies have provisions or clauses that limit death benefit payments. Typically, a policy will not pay for suicides committed within a one- or two-year period(commonly referred to as the exclusion period), even if the suicide was committed while in a state of insanity. In the case of a reinstated insurance contract, this period shall be calculated anew. However, if the suicide occurs after the exclusion period has expired, the insurer will pay the claim regardless of whether the suicide was committed in a sane state of mind, if the suicide was intended from the time the policy was taken out, or if the suicide was committed solely for the purpose of collecting the claim. Suicide exclusion clauses of this nature are standard in U.K. life insurance policies. On the other hand, unlike most individual policies, suicide clauses are not standard in group policies. An incontestability clause, which usually sets a two-year contestability period, operates independently of the suicide clause and allows suicide to be contested. The main difference between the U.K. and South Korea is that disputes over the payment of suicide benefits are rare in the U.K. This motivated the author to write this article. The traditional attitude of English law has been largely adopted in U.S. insurance law and practice. In Korea, in life insurance (suicide within two years) and accident insurance (suicide within the policy period), the insurer's exemption from its liability depends on whether the suicide was committed in a state of insanity. However, in recent suicide benefit litigation, beneficiaries have often argued that suicide was committed in a state of insanity, and courts have recognized insanity more broadly than in the past. This trend of interpretation by the courts goes beyond the purpose of the suicide exclusion, which is to be construed narrowly in cases of insanity. Furthermore, the socioeconomic costs of the ongoing disputes are increasing. This paper focuses on the fact that Anglo-American insurance practice has significantly resolved the problems faced by the Korean insurance industry. This paper first introduces the historical background of British society's view of suicide, dramatically influencing the insurance practice related to suicide. The paper will then analyze the Beresford decision, an essential reference in the Anglo-American literature on suicide exclusions. Based on the above discussion, the article analyzes the current attitudes of the U.K. terms and conditions and summarizes the points for our reference. The issue of suicide in U.S. insurance law and practice, similar to but different from the U.K.'s, will be intro","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"200 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139307862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Termination of Insurance Contract due to Violation of Obligation to Give Notice under Article 652 of the Commercial Law: A critical analysis of the Korea Supreme Court Case No. 2012Da62318 rendered on 24. July 2014","authors":"Seo Young Jung","doi":"10.36248/kdps.2023.17.3.035","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.3.035","url":null,"abstract":"In the case of an accident while driving a motorcycle after signing an accident insurance, the judgment is divided by the court on whether the Policyholder knew the “legal” meaning of motorcycle driving in relation to the insurance contract according to the evidence submitted by the Plaintiff and the Defendant. In the target case, the court accepted the argument made by the insurer that the insured party violated the legal duty to inform after contract them, as they did not inform the insurer despite knowing that motorcycle driving represented an increase in risk. Given that the duty to notification and the duty to inform after contract are considered to be in line with each other in the process of entering into and maintaining an insurance contract, this interpretation appears to be disadvantageous to the general public. As a result of reviewing this target judgment, it is deemed necessary to interpret strictly whether the insured party was aware that motorcycle driving posed a ‘significant change or increase in the risk' related to the insurance contract, and whether they were aware of the existence of the duty to inform after contract and its consequences and strengthening the insurer's burden of proof and the duty to explain the terms. It is believed that policyholders can be protected in the reality of the insurance industry, where insurance contracts are concluded under the terms and conditions unilaterally prepared by insurers in a superior economic and social position.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139307225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Study on scope of damage prevention costs in water leak accidents: Focusing on the 2021Da201085 and 201092 rulings of the Supreme Court on March 31, 2022","authors":"Hye Young Kim","doi":"10.36248/kdps.2023.17.3.003","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.3.003","url":null,"abstract":"The Commercial Act Article 680, Paragraph 1, stipulates that the policyholder and the insured must make efforts to prevent and reduce damage. In addition, it is stipulated that even if necessary or beneficial costs and compensation exceed the insurance amount, the insurer shall bear them. There is an increasing number of cases where insured persons who have signed up for daily life liability insurance replace pipes or perform waterproofing work when a water leak occurs and then claim insurance money as damage prevention costs. The rulings on this all come to different conclusions. However, the 2021Da201085 and 201092 rulings of the Supreme Court on March 31, 2022 states that water leak detection costs, costs related to prevent damage to third parties directly caused by water leaks and construction costs related to work to prevent the expansion of damage that has already occurred to third parties may be considered damage prevention costs. But the 2021Da201085 and 201092 rulings of the Supreme Court on March 31, 2022 also pointed out that the scope of damage prevention costs caused by water leakage accidents needs to be judged individually for each specific case. Basically, damage prevention costs are the costs required for the policyholder to fulfill the damage prevention obligation, so the scope of damage prevention costs needs to be reviewed in connection with how far the policyholder's damage prevention obligation will be extended. In addition, it must be permitted within the limits of not being contrary to relevant legal principles, such as the requirements for damage prevention obligations, the nature of liability insurance and the relationship with the Commercial Act Article 678. In that case, if the insured detects the point and the cause of the water leak, turns off the water and temporarily installs a water tank on the ceiling, the risk of further water damage disappears, and the damage prevention obligation ends at that point. Afterwards, the insurer is not obligated to compensate for pipe replacement or waterproofing layer repair work to prevent future water damage to the house below, as these are repair costs for the insured's own property or future accident prevention costs and cannot be considered damage prevention costs.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139309338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Scope and Limitations in Insurer Subrogation by Double-Hatted Insurer's Merger Defense in Civil Law","authors":"Jun Kyo Lee","doi":"10.36248/kdps.2023.17.3.089","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.3.089","url":null,"abstract":"As the culture of risk transfer and management through insurance spreads and becomes universal among individual economic agents, the emergence of the double-hatted insurer (hereafter, “DI”), who assumes the position of both the tortfeasor's liability insurer and the victim's property insurer, is increasingly observed. This trend gives rise to new issues concerning the DI's subrogation after indemnifying the insured as of property insurer. For instance, it is not easy to clearly interpret whether the DI can defend against the victim's direct claim based on the legal principles of subrogation or merger in civil law, or to what extent the DI can avoid the responsibilities they should bear as a liability insurer based on its subrogation right. In this paper, an attempt has been made to analyze and seek solutions to the above issues related to the insurer's subrogation under simple assumptions in order to facilitate a straightforward understanding of the controversies associated with insurer subrogation and victim's direct claim. Furthermore, through an analysis of two recent Supreme Court cases involving the same issues, if interpreting that the liability insurer can prioritize the application of subrogation through the principle of merger, it was confirmed that the substantive function of the victim's direct claim, which was legislatively enacted in the Commercial Act to better protect the victim, cannot be properly exercised and that the DI's subrogation rights can be limited to ensure the adequacy of liability insurance coverage when the victim's direct claim is involved. Especially, the recent Supreme Court ruling is significant in that it not only aims to maximize insurance benefits from the perspective of the ‘insured,’ but also strives to ensure the maximum utility of liability insurance from the perspective of the ‘victim.’ Considering the purpose of the victim's direct claim in the Commercial Act, it is noteworthy that the subrogation rights of the DI should also step back to some extent to facilitate the victim's damage recovery.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139309412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study on the Measures to Improve Accountability in Online Insurance Sales","authors":"Hyo-Sang Kwon","doi":"10.36248/kdps.2023.17.2.141","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.141","url":null,"abstract":"In Korea, online platforms for insurance sales services are increasing. In other words, the demand for non-face-to-face insurance sales services are increasing. However, the current Commercial Act, the Insurance Business Act, and the Act On The Protection Of Financial Consumers are difficult to secure the effectiveness of regulations. In addition, the problem of the elderly who are alienated from these technological developments is being raised. Therefore, it is necessary to develop a Commercial Act concerning the obligation of explanations of insurers and other financial instruments sellers. Because of the Commercial Act, an insurer to supplement the status of such insurance contracts of asymmetric information method as compared with that. In other words, it serves as a general law for insurance contracts that govern judicial relations between contracting parties regarding rights and obligations. In the case of foreign countries, the obligation to explain insurance sales organizations is stipulated. With this in mind, it is necessary to improve the obligation to explain the Commercial Act.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"473 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123282306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulation of insurance comparative advertisements: focusing on the legislative cases and disputes in Germany","authors":"GW Ji","doi":"10.36248/kdps.2023.17.2.301","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.301","url":null,"abstract":"Comparative advertisements for insurance products can be used to receive selection from potential buyers by delivering accurate information to consumers by clarifying their differentiation through objective comparison of products or services between advertisers and competitors. \u0000Currently, regulations on comparative advertising of insurance products are governed by the Labeling and Advertising Act in Korea, the Enforcement Decree of the same Act, and the Comparative Advertising Review Guidelines. Through the general law applied to general products and services, regulations in the form of prohibiting unreasonable display and advertising are being enforced even for insurance products. Of course, this regulatory system does not create a large legal vacuum. However, related issues such as the possibility of comparative advertising between offline and online sales channels due to the characteristics of insurance products as legal products and changes in sales channels due to the emergence of online sales channels are derived. Considering these points, this paper reviewed German legislative examples and dispute cases in order to derive implications related to the legal regulations of insurance product comparison advertisements. In particular, this study reviewed the comparative advertising acceptance criteria and related cases under the Unfair Competition Prevention Act, which is a general law on comparative advertising in Germany, and reviewed the requirements and precedents regarding the applicability of comparative advertising between competing companies in relation to insurance products. Based on this, this paper discussed the matters to be considered for the establishment of a regulatory system for insurance product comparison advertising in Korea and the need to establish self-regulatory insurance product comparison advertising guidelines.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"792 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123007110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The legal nature of actual expense medical insurance & consideration of practical issues: Focusing on the liability for compensation related to the cap on personal charges","authors":"H. -. Kim, Sang-Soo Ha","doi":"10.36248/kdps.2023.17.2.037","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.037","url":null,"abstract":"Actual expense medical insurance can be said to be the “second health insurance” that compensates for medical expenses actually borne by the insured among medical expenses incurred when the insured receives treatment at a medical institution due to illness or injury. In line with the effectiveness of such loss medical insurance, there are also a wide variety of issues and practical disputes surrounding it, especially in recent years, disputes related to the self-burden ceiling to be dealt with in this paper. Depending on the patient's income level, the National Health Insurance Service returns the excess amount to the subscriber through pre-payments and post-refund if the health insurance's self-payment exceeds the upper limit for each individual. \u0000In particular, disputes arose frequently over what would be the liability for compensation in indemnity medical insurance before October 2009, when post-refund was not stipulated as an exemption. In this regard, the Supreme Court's recent ruling on 2022da304332 on March 30, 2023 (the Seoul Central District Court's ruling on November 15, 2022na77212) does not constitute an insurance accident, that is, an out-of-pocket cost, regardless of the timing of implementation of the out-of-pocket limit system. Nevertheless, there is still controversy over whether the upper limit can be deducted before or after the revision of the terms and conditions, whether the terms and conditions stipulated after October 2009 are unfairly disadvantageous to the customer, and whether the terms and conditions are subject to explanation. \u0000Above all, it will be a key issue in determining the liability for compensation for practical issues, including post-refunds, depending on whether the nature of loss medical insurance is considered personal insurance, non-life insurance, or both. \u0000In consideration of this, we would like to analyze the lower court's ruling, including the Supreme Court's ruling on the self-burden ceiling, review various issues derived here and recent issues related to the liability for compensation of loss medical insurance, and consider the responsibility for compensation and improvement.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"290 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133940995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Legal Issues of Compulsory Insurance for Multi-Unit Dwellings","authors":"Jun-yuop Kim","doi":"10.36248/kdps.2023.17.2.233","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.233","url":null,"abstract":"Most Korean citizens reside in multi-unit dwellings. In such densely populated and confined spaces, there is a significant risk of accidents, including fires. Accordingly, compulsory insurance coverage is taken out for such incidents, for example, personal injury liability insurance for fires, disasters, elevator accidents, and children's playground accidents. This paper investigates several issues regarding compulsory insurance for multi-unit dwellings and offers measures for improvement. Regulations on liability for damages by owners of special buildings in relation to fire-related disaster compensation and insurance enrollment are examined, with a specific focus on the provisions in the Act on the Indemnification for Fire-caused Loss and the Purchase of Insurance Policies that restrict the handling of bodily injury liability special coverage for fire incidents to insurance companies. Additionally, the justification behind the penalty provisions for non-enrollment in bodily injury liability special coverage for fire incidents is assessed. \u0000Institutions related to deductibles, like insurance companies, are involved in the administration of various compulsory insurances; however, notably, there are no limitations imposed on these institutions by other laws governing compulsory insurance. Consequently, it is unjust to confine the administration of personal injury liability insurance for fires solely to insurance companies when considering the principles of equity. Furthermore, the punitive measures for non-compliance with insurance requirements seem excessively severe. \u0000It is necessary to expand the scope of insurance companies specified in the Law on Personal Injury Liability Insurance for Fires to include institutions related to deductibles. Furthermore, it is deemed necessary to align the penalties for non-compliance with compulsory insurance with the sanctions imposed on other forms of compulsory insurance. Therefore, a proposal for legislative amendment is presented to address these concerns. \u0000This paper also examines the issue of tenants bearing the burden of insurance premiums while being excluded from the benefits of insurance. In the case of fire insurance, amendments to standard terms and conditions have been made to protect tenants. However, these amendments are yet to be incorporated into disaster insurance, leaving tenants without legal or precedential protection should disaster insurance be the only policy obtained. Therefore, a proposal for the amendment of the terms and conditions of disaster insurance is offered that includes provisions for tenant protection. \u0000In conclusion, this paper identified potential concerns associated with the concurrent reimbursement of liability insurance for multi-unit dwellings and internal medical expense coverage riders that are part of comprehensive medical insurance. These concerns include the potential for an increase in intentional accidents and the facilitation of excessive medical treatment. Gi","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122839639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Criteria of the Compulsory Insurances related to Sea & Water on 「Framework Act on the Management of Disasters and Safety」","authors":"S. Ji","doi":"10.36248/kdps.2023.17.2.199","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.199","url":null,"abstract":"On June 9, 2020, the Ministry of the Interior and Safety promulgated a revision of “Framework Act on the Management of Disasters and Safety”(hereinafter “Disaster and Safety Act”), which strengthens the comprehensive management function of disaster safety obligation insurance policies operated by 22 ministries. This law establishes seven standards to be put in place by each statute for the administration and operation of mandatory insurance, which is compulsory under 45 different laws. If the standard is not met, the Ministry of the Interior and Safety may recommend the head of the central administrative agency in charge of the mandatory insurance to revise the relevant laws. \u0000This paper compares and reviews the actual conditions of mandatory insurances under eight laws related to water and sea mentioned on the “Disaster and Safety Act”. When the Ministry of the Interior and Safety recommends revisions to the head of the central administrative agencies under the Act, it is necessary to reflect the followings in consideration of the internationality and uniqueness of ships. \u0000First, it is necessary to apply the limits of liability stipulated in the “Commercial Act” and relevant “International Maritime Conventions” to the limit of compensation, and to present the limits of compensation for property damage caused by accidents at sea. Second, the incentives for compulsory insurance and the administrative sanctions applied for non-insurance should have fairness among 8 laws and require consistent application of sanction types. Third, it is necessary to revise the laws so that domestic victims' right to claim directly against foreign insurers is valid even if there are foreign elements. Fourth, when considering the intent of “Disaster and Safety Act”, it should add other water and sea-related laws that accept compulsory insurance. Finally, considering the characteristics and internationality of ships and ocean, the Ministry of Oceans and Fisheries shall conduct integrated management of the mandatory insurances related to water and sea in accordance with tentatively named ‘Guidelines for Operation and Management of Water and Marine Safety mandatory insurance’ under the “Disaster and Safety Act”. The guidelines should include criterions for approval and management for foreign insurers who are undertaking foreign vessels that entered into Korean ports.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121387839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Duty of Disclosure in the U.S. Insurance Law","authors":"Won-gak Kim","doi":"10.36248/kdps.2023.17.2.075","DOIUrl":"https://doi.org/10.36248/kdps.2023.17.2.075","url":null,"abstract":"The duty of disclosure became a doctrine of insurance contracts in 1766 with the decision in Carter v. Boehm and was codified in the U.K. Marine Insurance Act(MIA) of 1906. Since then, insurance laws in every country have provided provisions for the duty of disclosure. The specifics of the duty of disclosure have evolved over time as the interpretation of good faith in insurance contracts and the need to address moral hazard in underwriting have changed from country to country and era to era. Today, however, the duty of disclosure continues to be debated in every country, and the United States is no exception. \u0000The United States dutifully followed English law in the early years of its founding. Over the centuries, it has become part of Anglo-American law. However, it has also developed a significant amount of its law based on the needs and unique circumstances of American society. Insurance law in the United States is no different. Currently, U.S. state laws and regulations on the duty of disclosure differ from the U.K. laws, which were amended in 2012 and 2015. In addition, insurance laws and precedents are often different in each state in the United States. British laws and regulations on the duty of disclosure have been steadily and continuously introduced in Korea. However, it seems that no article in Korea provides a detailed introduction to the laws and regulations on the duty of disclosure in the United States. Although Korean insurance law belongs to the civil law system, the laws on the duty of disclosure rely very little on the difference in the law system. Today, the U.S. insurance industry has the most influence on the global insurance industry. In addition, some insurance policies in Korea still use English insurance policies used in the United States. In light of these facts, the laws and regulations of the United States may have implications for revising or interpreting the Korean insurance law. \u0000A thorough understanding of the laws on the duty of disclosure requires a complete understanding of the unique landscape of U.S. law. It also requires a deep understanding of the various systems and doctrines that are historical deposits of more than 170 years of U.S. insurance law. In this article, it would only be possible to present some 50 states' laws and cases on the duty of disclosure. Therefore, this paper is limited to summarizing the issues common to each state. The author will provide a more detailed discussion of U.S. laws and cases by studying each issue.","PeriodicalId":129340,"journal":{"name":"Korean Insurance Law Association","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122315778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}