바카라사이트 주소

1. Case summary

① Background: The defendant purchased a cancer 바카라사이트 주소 policy from the plaintiff (which is an 바카라사이트 주소 company) (“바카라사이트 주소 Policy”). The defendant was diagnosed with neuro-endocrine tumors in the rectum and filed a claim for 바카라사이트 주소 money with the plaintiff. The plaintiff refused to pay the defendant 바카라사이트 주소 money and filed a lawsuit against the defendant to confirm that the plaintiff did not have any liability for the defendant. Against the lawsuit filed by the plaintiff, the defendant filed a counterclaim for the payment of 바카라사이트 주소 money.

② Main issue: The main issue was whether the insured’s carcinoids in the rectum were merely borderline tumors that were not covered by the 바카라사이트 주소 Policy, or cancer covered by the 바카라사이트 주소 Policy and 바카라사이트 주소 money was required to be paid to the insured, according to the 6th Korea Standard Classification of Disease (“KSCD”).


2. Progress of the lawsuit and Barun Law’ role

The plaintiff submitted a fact inquiry to the National Statistical Office and asked if the insured’s neuroendocrine tumor in the rectum could be interpreted as a borderline tumor (carcinoid tumor M8240 / 3) under the KSCD. We also filed a fact-finding request for the hospital that had diagnosed the insured, and asserted that the tumor should be diagnosed as borderline tumor.

Barun Law filed fact inquiries and helped the insured receive confirmation that the insured’s diagnosis of “C20,” which was, a malignant neoplasm under the KSCD, was based on the medical principle of the reading of a pathologist and diagnosis of clinicians. Then, we presented the decisions, which were compatible with the foregoing, of the Financial Dispute Resolution Committee.

As a result, the court accepted all the claims filed by the defendant and determined that the insured’s neuroendocrine tumor was “cancer” under the 바카라사이트 주소 Policy, stipulating that the 바카라사이트 주소 Policy provided that cancer shall be determined by a doctor holding a qualification for anatomy pathology or clinical pathology according to the KSCD, and the insured had been diagnosed with a neuroendocrine tumor (C20) according to the results of tissue inspections conducted by pathologists. The plaintiff did not file an appeal against the decision and the decision was conclusively entered.


3. Implication

This decision reaffirms the legal principle that, in the case of 바카라사이트 주소 terms that could be interpreted in an objective and polysemous manner, the terms should be interpreted in favor of the customers. The decision also confirms that even if clinicians diagnose according to the reading of pathologists, the diagnosis is effective as a diagnosis method under a cancer 바카라사이트 주소 policy.

In this case, we asserted to apply the 6% of commercial legal interest rate instead of an interest rate applied to a delay in the payment of 바카라사이트 주소 money under the 바카라사이트 주소 Policy. The assertion was accepted by the court without any dispute. As such, it appears that a commercial statutory interest rate will be applied to a delay in the payment of 바카라사이트 주소 money unless the relevant 바카라사이트 주소 policy explicitly stipulates the exclusion of application of the commercial statutory interest rate
 
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Attorneys: Juhyun Ahn, Taeseop Song