Practice Areas
Litigation Against Insurance Companies
Litigation against an insurance company is a legal lawsuit filed to resolve a dispute that arises between an insurance company and a policyholder, such as a refusal to pay insurance proceeds, a delay in payment, or incomplete compensation.
1. Litigation Against Insurance Companies | Definition
Litigation against an insurance company refers to a civil lawsuit filed to resolve a legal dispute between an insurance company and a policyholder or beneficiary concerning the payment of insurance proceeds.
It is generally filed when the insurance company refuses or delays payment of insurance proceeds, or pays less than the agreed amount.
Like ordinary businesses, insurance companies pursue profit and have a duty to manage their loss ratios.
Accordingly, they tend to apply conservative review standards in the process of paying insurance proceeds, which frequently leads to conflicts of interest with policyholders who seek to receive payment.
In particular, as insurance fraud has recently emerged as a social problem, insurers' review standards have become even stricter, and in that process the number of cases in which even legitimate claims for insurance proceeds are delayed or refused has been increasing.
In such situations, litigation against the insurance company is precisely the means of response available to the person claiming the insurance proceeds.
2. Litigation Against Insurance Companies | Main Types

Litigation against insurance companies is divided into various types according to the nature of the dispute.
Lawsuit for Payment of Insurance Proceeds
As the most common form of litigation against an insurance company, where the policyholder has claimed payment of insurance proceeds but the insurer refuses it or pays only a portion, the policyholder may claim the insurance proceeds through a civil lawsuit.
Lawsuit to Confirm Invalidity of an Insurance Contract
Where an insurance company asserts the invalidity of the insurance contract on grounds such as a breach of the duty of disclosure at the time the contract was concluded and refuses to pay insurance proceeds, the policyholder may file a lawsuit to confirm that the contract is valid.
Lawsuit for Damages
Where an insurance company causes harm to the policyholder in the course of intentionally or negligently delaying or refusing payment of insurance proceeds, a separate lawsuit claiming damages is also possible.
Responding to Criminal Proceedings Related to Insurance Fraud
Where insurance fraud is suspected in the course of claiming insurance proceeds and criminal proceedings are initiated, a complex procedure may arise in which one must respond to those proceedings while also asserting the payment of insurance proceeds in civil terms.
3. Litigation Against Insurance Companies | Methods of Dispute Mediation

Before litigation against an insurance company, one may first attempt dispute mediation through bodies such as the Financial Supervisory Service or the Korea Consumer Agency.
Dispute Mediation by the Financial Supervisory Service
▶Competent authority: Financial Dispute Mediation Committee of the Financial Supervisory Service
▶How to apply for dispute mediation
-Submission channels: Financial Civil Complaint Center (internet, mail, fax, in person)
-Required entries: applicant information, the opposing insurance company, and the substance of the dispute (described according to the Five Ws and One H)
▶Mediation procedure
Filing of complaint → notification of receipt by text message
Investigation and request for materials
Recommendation of settlement → referral to the mediation committee if not complied with
Mediation committee presents a mediation proposal → decision on acceptance within 20 days
When both parties accept, it takes effect equivalent to a "judicial settlement"
▶Points to note
-If a lawsuit is filed before the application, the mediation procedure may be omitted
-For disputes of ordinary financial consumers involving 20 million won or less, filing a lawsuit is prohibited until the mediation proposal is presented (exceptions apply)
-The mediation procedure may be suspended for cases under litigation
Consumer Dispute Mediation Committee of the Korea Consumer Agency
▶Competent authority: Consumer Dispute Mediation Committee of the Korea Consumer Agency
▶Subject of mediation: disputes between insurance companies and consumers (consumers may apply for relief from harm)
▶Mediation procedure
Filing of complaint (using the counseling center)
Recommendation of settlement (referral to the committee if the settlement is not complied with within 30 days)
The mediation committee prepares a mediation proposal (generally 30 days, extendable)
When the parties accept, it takes effect as a "judicial settlement"
If no objection is raised within 15 days, acceptance is deemed automatic
Postal Savings and Insurance Dispute Mediation Committee
▶Subject of mediation: disputes concerning postal savings and insurance, such as contracts, payment, cancellation, and interpretation of terms and conditions
▶Mediation procedure
Receipt of application → decision on whether to refer to a meeting
The meeting may be omitted in cases such as a filing of suit in court or a lack of practical benefit
Supplementation may be requested
Deliberation and mediation (within 60 days)
Notification of the mediation proposal and guidance on the result
It takes effect when both parties accept
4. Litigation Against Insurance Companies | Civil Litigation Procedure

Litigation against an insurance company may be filed to seek a remedy for one's rights when external dispute mediation through bodies such as the Financial Supervisory Service or the Korea Consumer Agency fails.
The Decision Recommending Settlement System
Before pronouncing a formal judgment, the court may issue a decision recommending settlement during the preparatory pleading procedure or the pleading procedure, without separately setting a mediation date.
This decision has the same effect as a judicial settlement when the parties do not raise an objection, and it is used as a means for the swift resolution of simple disputes.
Overview of the Civil Conciliation Procedure
There is also a method of resolving a dispute through the court's civil conciliation procedure.
Civil conciliation begins when one of the parties applies to the court for conciliation, or when the judge hearing the case refers it to conciliation on the judge's own authority.
When an agreement is reached between the parties, a conciliation protocol is prepared, and it carries the same legal effect as a judicial settlement.
On the other hand, where no agreement is reached between the parties, where the content of the agreement is judged to be inappropriate, or where the respondent does not appear on the conciliation date, the court may issue a decision in lieu of conciliation on its own authority.
5. Litigation Against Insurance Companies | How to Prepare
Before filing litigation against an insurance company, it is common to go through the following procedures and preparation processes.
Sending a Certified Letter (Content-Certified Mail)
The first step is to send a content-certified letter formally requesting the insurance company to pay the insurance proceeds.
Through this process, one can confirm the insurance company's position once again, and in some cases the dispute ends through an amicable settlement.
Because a no-suit agreement clause may be included in the settlement process, it is necessary to review whether such a clause fundamentally bars the possibility of filing a lawsuit later, and it is advisable to obtain the assistance of a civil litigation attorney.
Review of the Insurance Contract and Related Materials
To determine whether a claim for insurance proceeds is possible in a given case, one must first closely analyze related materials such as the insurance contract, the terms and conditions, the claim form for insurance proceeds, the medical certificate, and the statement of accident circumstances.
In particular, because special clauses or exclusion provisions in the terms and conditions are often at issue, careful review is necessary.
Organizing the Purpose of the Claim and the Cause of the Claim
When filing a lawsuit, one must clearly organize the purpose of the claim (the amount of insurance proceeds claimed) and the cause of the claim (the cause giving rise to the obligation to pay insurance proceeds).
In this process, one must comprehensively consider the type of contract, the nature of the insured event, and the interpretation of the insurance terms and conditions.
6. Litigation Against Insurance Companies | Main Issues
Unlike ordinary civil litigation, litigation against insurance companies involves special legal issues such as insurance law, interpretation of terms and conditions, breach of the duty of disclosure, and the recognition of causation.
The main issues are as follows.
▶Whether the duty of disclosure was breached
When concluding an insurance contract, the policyholder has a duty to disclose important matters to the insurance company.
If this is omitted or falsely disclosed, the insurance company may cancel the contract or refuse to pay insurance proceeds.
However, there are cases in which the insurance company asserts cancellation of the contract on this basis even where the matter is not a breach of the duty of disclosure but merely a simple mistake or a minor matter, so it is important to determine whether the cancellation is legally justified.
▶Whether grounds for exclusion exist
The insurance terms and conditions specify grounds for exclusion under which the payment of insurance proceeds is limited.
For example, an intentional accident or an accident while intoxicated is prescribed as a representative ground for exclusion, and whether the case falls under such grounds has a significant effect on whether insurance proceeds are paid.
▶Causation and whether an insured event occurred
Whether the insured event actually occurred, and whether causation exists between that event and the disease or harm, become issues.
This is particularly often a problem in health insurance or accident insurance, and there are many cases in which a medical appraisal is necessary.
▶Interpretation of the terms and conditions
Insurance terms and conditions are usually a standard contract drafted unilaterally by the insurance company, and they can be somewhat difficult for an ordinary person without relevant knowledge to interpret.
Therefore, with the help of a professional, it is necessary to examine whether the interpretation of the terms and conditions has been made only in the insurance company's favor.
7. Litigation Against Insurance Companies | How to Respond
To respond effectively to litigation against an insurance company, one must secure all related materials without omission, such as the insurance contract, the terms and conditions, the documents for claiming insurance proceeds, the medical certificate, the statement of accident circumstances, and the hospital records.
In particular, because the contract and the terms and conditions serve as the core basis for determining whether insurance proceeds are payable, even a copy must be secured.
In addition, the right to claim insurance proceeds and the right to claim the return of premiums or reserves are extinguished by the completion of prescription if not exercised for three years, and the right to claim premiums is extinguished if not exercised for two years.
Because a claim may be rejected depending on whether the prescription period has elapsed, prompt action is necessary.
At this firm, civil litigation attorneys with experience in numerous cases related to litigation against insurance companies collaborate with attorneys specializing in insurance to respond to legal disputes.
In addition, by collaborating with the evidence investigation center within the law firm, the collection of evidence necessary for the litigation can be carried out in a one-stop manner.
To resolve legal blind spots, this firm operates branch offices in each region nationwide, maintains a 365-day, 24-hour emergency counseling system, and provides a non-face-to-face video counseling service, so please feel free to consult with the firm at any time.
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