A Practical Study on the Issue of Recognition of Securitization in Marine Cargo Insurance Policy

해상적하보험증권의 유가증권성의 인정문제에 관한 실무적 고찰

Whether or not insurance policies are securities has been debated for nearly a century. The position of claiming that an insurance policy has securities properties is premised on the concomitant nature of the maritime cargo insurance policy to the bill of lading. However, in reality today, marine cargo insurance policies are transferred between parties involved in international trade as an integral part of the bill of lading, and the two securities go through the same distribution process. The issue of recognizing the securities properties of an insurance policy is particularly debated when the insurance policy is issued in a order or bearer form. In a normal insurance policy, the name of the right holder, such as the claimant, is written on the insurance policy, and it is not usually transferred by endorsement. In principle, insurance policies are interpreted as neither securities nor negotiable securities. Sometimes, research is being done on legal reform to respond to digitalization of securities, and bills of lading are the subject of research. If marine cargo insurance policies, which are sometimes premised on distribution, have securities properties, the status of the regulations on digitization of bills of lading currently being studied may be helpful for digitization of marine cargo insurance policies. Under these circumstances, the securities of marine cargo insurance policies are reviewed based on recent practices.