Insurance Act 2015의 해상보험 공정제공의무 판례 분석: Delos Shipholding SA v. Allianz 판례를 중심으로 = The Duty of Fair Presentation in Marine Insurance under the UK Insurance Act 2015: A Case Law Analysis

다국어 초록 (Multilingual Abstract)

Purpose: This paper analyzes the duty of fair presentation from risk introduced by the UK Insurance Act 2015 (IA 2015) contrasting it with the traditional duty of disclosure under the Marine Insurance Act 1906. In addition, it compares pre-contractual insurance information regimes in major maritime jurisdictions, including the United States, Singapore, Japan, and China. It further examines the implications of Berkshire Assets v. AXA and Delos Shipholding SA v. Allianz.
Research design, data, and methodology: Adopting a comparative doctrinal approach, the study examines statutory provisions, explanatory materials, and early case law under IA 2015. The analysis focuses on Berkshire Assets v. AXA and Delos v. Allianz as leading cases illustrating application of the duty of fair presentation, and is supplemented by comparative references to inquiry-based and fault-based disclosure regimes.
Results: Berkshire Assets v. AXA held that a director’s criminal indictment constituted a material circumstance, justifying avoidance where inducement was established through underwriting guidelines. By contrast, Delos Shipholding SA v. Allianz found that information known only to a nominal director fell outside the insured’s attributable knowledge and reasonable search obligations, thereby limiting the scope of the duty.
Conclusions: The findings reflect a broader shift toward inquiry-based disclosure and proportionate remedies in international insurance law. In light of these developments, this paper suggests that Korean insurance law should consider adopting similar mechanisms, including an explicit inducement requirement, in order to modernize pre-contractual information duties.