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손해사정 질의회신집 - 회신관련 판례 수록

 

목차

 

관 계 법 규

 

11가불금의 종류 및 산정방법 ············································································ 11 

12치료비가불금의 한도 ························································································ 12

13가불금 과태료의 산정방법 ·············································································· 13

14가불금 과태료의 부과주체 ·············································································· 14

15우선지급금의 종류 및 산정방법 ····································································· 15

16치료비 우선지급금의 산정방법 ······································································· 17

17부상 발생시 우선지급금의 산정방법 ····························································· 18

18장해 발생시 우선지급금의 산정방법 ····························································· 19

19자배법의 장해등급 판정방법 ·········································································· 20

110일명 한시장해가 자재법의 장해등급에 포함되는지 ································· 21

111차주가 부상한 경우 정부보장금 지급대상인지 ··········································· 22

112렌트가의 결함으로 임차인이 부상한 경우 정부보장금 지급여부 ············ 23

113신체손해배상특약부화재보험에서 장해보상금의 산정방식 ······················· 24

114상대적 강행규정 단서조항의 의미 ······························································· 25

115국민건강보험법에서 급여제한사유인 법죄행위의 의미 ··························· 26

116자동차사고 피해자가 건강보험으로 치료를 받을 수 있는지 ···················· 27

117특정 의사에게 장해감정을 요청하는 행위가 의료법에 저촉되는지 ········· 28

118손해사정금액에 대하여 타협절충조정하는 행위가 적법한지 ··········· 29

119소송고지의 효력 ····························································································· 31

120보험회사와 피해자(피보험자) 사이의 소송에 참여할 수 있는지 ·············· 32

121보험금 최고 후 조사 등을 이유로 유예를 구한 경우 소멸시효 기산점

122채권자대위권 행사 요건 ················································································ 34

123보험설계사의 과실로 인한 보험회사의 배상책임 ······································· 35

 

자동차 보험 

 

21자동차보험약관의 피해자를 구속하는지 ························································ 39 

22손해액 사정기준이 약관의 지급기준으로 한정되는지 ································· 41

23자기신체사고에서 담보하는 사고의 범위 ······················································ 42

24자기신체사고에서 실제 소요된 치료비의 의미 ·········································· 43

25자기신체사고에서 안전벨트 미착용 감액조항의 효력 ································· 44

26자기신체사고에서 2가지 이상의 상해가 발생한 경우 지급할 보험금 ······· 46

27자기신체사고에서 2가지 이상의 장해가 발생한 경우 지급할 보험금 ······· 47

28자기신체사고에서 장해진단 이후 발생된 치료비 청구가능 여부 ·············· 48

29동료재해면책조항의 효력 ················································································ 49

210동료재해면책조항에서 사용자의 의미 ························································ 50

211무보험자동차에 해당하는지 여부 ································································· 51

212무보험자동차 용어정의에서 피보험자가 소유한 자동차의 의미 ············ 52

213무보험자동차의 용어정의에서 보상한도의 의미 ····································· 53

214가해차량 보험회사 면책주장시 무보험상해 청구가능 여부 ······················ 54

215무보험상해에서 공제되는 자기신체신고 보험금 ········································· 55

216다른 차량 탑승중 사고시 무보험상해에서 동승감액 여부 ························ 56

217무보험상해에서 피보험자의 과실을 상계 할 수 있는지 ···························· 57

218무보험상해에서 과실상계조항 설명의무 ······················································ 58

219무보험상해에서 공제항목은 절대적으로 적용되는지 ································· 59

220무보험상해에서 가족면책조항 설명의무 ······················································ 60

221수개 중 하나의 무보험자동차를 가족이 운전한 경우 면책 여부 ············· 61

222지급기준에서 제세공과금을 공제하는 것이 타당한지 ······························· 62

223지급기준에서 제조부문 종사자의 일용근로자임금 산정방법 ···················· 63

224지급기준에서 기타 종사자의 일용근로자임금 산정방법 ··························· 64

225지급기준에서 농촌일용노임을 일용근로자임금으로 산정 가능한지 ········ 65

226지급기준에서 휴업일수의 산정방법 ····························································· 66

227지급기준에서 기왕 간병비가 지급대상인지 여부 ······································· 67

228지급기준에서 외국인에게 적용할 현실소득액 ············································ 68

229지급기준에서 맥브라이드식 장해평가 항목에 없는 장해 인정여부 ········· 69

230전문직종의 통계소득 적용방법 ····································································· 70

231경과기간에 대하여 중간이자를 공제하여야 하는지 ··································· 72

232타차운전특약에서 수탁 받은 자동차 운전 중 면책조항 설명의무 ··········· 73

233영구장해와 한시장해가 병존하는 경우 위자료 산정기준 ·························· 74

234동일부위에 발생한 가중장해의 장해보상한도액 설정기준

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