論責任保險之消滅時效起算－以最高法院九十二年台上字七八號判決評釋為中心A Study on the Counting Point of Extinctive Prescription Period

我國保險法第六十五條第三款雖就責任保險之消滅時效起算時點有所規定，惟與同法第九十條有所出入，加上學說就責任保險之保險事故發生時點存有爭議，且未強調保險事故與消滅時效制度之差異，導致法院於判斷責任保險之消滅時效起算時點時見解分歧。本文區分強制汽車責任保險與任意汽車責任保險，強制汽車責任保險之消滅時效起算依強制汽車責任保險法第十四條規定，至於較有爭議之任意責任保險之消滅時效起算問題，於釐清保險事故發生時點與消滅時效起算時點之差異後，獲致之結論為：「損害事故發生，被保險人受第三人求償後其損害賠償責任確定之時」。此結論可供法院裁判參考及將來修法依據。
關鍵字：責任保險、保險事故發生、消滅時效、消滅時效起算時點
Abstract
Although the counting point of extinctive prescription period is already regulated under the sub-paragraph 3 of Article 65 of the Insurance Law, there still exists a conflict between this provision and Article 90 of Insurance Law. In addition, the discussion regarding the time point of the occurrence of the covered loss under liability insurance has not been settled; neither the distinction between time point of the occurrence of the covered loss and the counting point of extinctive prescription period has been noticed. These elements lead to confusions and difficulties when the courts try to determine when the counting point of extinctive prescription period begins. This article distinguishes compulsory liability insurances and voluntary liability insurances and tries to differentiate between the concept of prescription period and the concept of occurrence of covered loss. In the end, the determination of the counting point of extinctive prescription period under voluntary insurances will be provided: “when the liability of the insured is settled after the loss and the request for damages from the third party.” This conclusion can be the reference for the future verdicts and the amendment of Insurance Law.
Keywords: liability insurance, the occurrence of covered loss, extinctive prescription period, the counting point of prescription period