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TITLE Supreme Court Decision 2011Da54631, 54648 Decided June 13, 2013¡¼Insurance Proceeds¡¤ Insurance Proceeds¡½ [full Text]
Summary
[1] Meaning of ¡°gross negligence¡± by the policyholder or the insured, which is an element for termination of insurance contract by the insurer due to breach of duty of disclosure, the criterion to determine such negligence, and the party to bear the burden of proof (i.e., the insurer)
[2] Where the insured differs from policyholder, whether policyholder is grossly negligent merely because policyholder does not disclose personal matters or physical conditions which only the insured himself/herself could know accurately by actively asking the insured (negative in principle)
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