Insurance to cover drunk drivers

The Supreme Court ruled that beneficiaries are entitled to the insurance money when no evidence is found that the insured intentionally caused the accident while intoxicated.

A Marine and Fire Insurance had filed a lawsuit against defendant Kim for unjust profiteering, based on its insurance policy which stipulates that it does not cover drunk driving deaths. In the hearing of the final appeal, the Supreme Court decided in favor of Mr.Kim, sticking with the original verdict.

The judiciary stated that according to existing laws, insurance companies are obligated to cover deaths caused by the misfeasance of the insured. Therefore, beneficiaries have the right to insurance money in drunk driving accidents, as long as the cause is unintentional.

A Marine and Fire Insurance had sued Kim for receiving 69 million won in insurance for the death of his son who had crashed into a car while riding his motorcycle July 1996. Tests showed his blood alcohol concentration was 0.08% at the time of his death.