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| TITLE | Supreme Court Decision 2017Da208232, 208249 Decided December 27, 2019【Action Demanding Confirmation of Right to Receive Hull Insurance and Action for Confirmation of a Person Entitled to Demand Deposit Payment】 [full Text] |
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| Summary | |
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[1] A case where a person not entered in a contract of insurance as the insured under the Law of the United Kingdom may be recognized as the insured [2] In the case where: (a) Stock Company B, a charterer of the body of a ship owned by Foreign Corporation A entrusted the ship management to Stock Company C; (b) Stock Company C concluded an insurance contract, including a hull insurance contract stipulating that any loss or damage of the instant ship constitutes an insured accident, with Insurance Company D, limiting the insured to “Foreign Corporation A, a ship owner, and Stock Company C, a ship manager,” under the insurance policy; (c) after an insurance incident, both Foreign Corporation A and Stock Company B requested the payment of the insurance, arguing that each is entitled to claim insurance money; and (d) Insurance Company D deposited the insurance money for performance on the grounds that an obligee is unidentified, the case holding that: (a) the interpretation of the aforementioned insurance contract is governed by the Law of the United Kingdom; (b) Stock Company B, which was not entered in the insurance policy as the insured, cannot become the insured of the foregoing insurance contract in accordance with the “legal doctrine of unnamed principal or undisclosed principal,” as referred to in the Law of the United Kingdom; (c) in the same regard, the lower judgment, which did not accept Stock Company B’s argument that it corresponds to the insured under the instant insurance contract, was justifiable; and (d) in so determining, it did not err by misapprehending the legal principle regarding the construction of the insurance contract under the Law of the United Kingdom |
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