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| TITLE | Supreme Court Decision 2017Da239014 Decided April 27, 2023 【Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 In a case where multiple victims have suffered losses due to fire caused by negligence on the part of the insured of a liability insurance policy, and the amount of the benefit payable by the insurer under the policy falls short of the total sum of damages incurred by the said victims, whether the victims may claim compensation for the uncovered loss to the extent of the amount of the benefit payable under the insurance policy by exercising their rights to bring a direct claim against the liability insurer (affirmative), and in a case where the fire insurer compensated the victim all damages incurred with insurance payments in accordance with a fire insurance policy concluded with the said victim, and the said fire insurer subrogates to the rights of the insured and bring a direct claim against a liability insurer, whether the fire insurer can be compensated for the remaining amount to the extent of the maximum coverage available under the liability insurance policy after the liability insurer makes payment of the liability insurance money to other victims exercising the right to bring a direct claim (affirmative in principle) | |
