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TITLE | Supreme Court Decision 2024Da238392 Decided November 14, 2024 ¡¼Insurance Proceeds¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Where a policyholder does not obtain consent in written form from another person at the time of the conclusion of the insurance contract while concluding an insurance contract that covers the bodily injury of another person as a peril insured in violation of Article 731(1) of the Commercial Act, the effect of the insurance contract (nulification) and where a person, who concludes an insurance contract that covers the bodily injury of another person as a peril insured without any consent in written form from the insured, asserts the invalidation of the insurance contract by himself or herself, whether such act is contrary to the principle of trust and good faith or the principle of estoppel (negative in principle) [2] Exceptional cases where the court shall be liable to reopen a pleading by accepting a party¡¯s request for the reopening of a pleading |