In the Turkish legal system, insurance law attorneys are lawyers who primarily work in the field of insurance law, possessing extensive legal knowledge and experience in this area, and achieving successful outcomes in the cases and transactions they handle. An insurance law attorney is someone who protects the rights of individuals and institutions in various situations of loss or grievances that we may encounter in different areas of life and provides legal consultancy and representation to ensure compensation for damages.
Insurance law derives its foundation from the Turkish Commercial Code. It is a branch of law that defines and regulates the rights and obligations between policyholders (individuals or institutions) and insurance companies. Common types of insurance lawsuits include those related to insurance policies and claims arising from them, compensation claims regarding professional liability insurance, compensation claims stemming from damages caused by traffic accidents, cases involving life and disability insurance, and insurance cases related to damages caused by disasters such as fire, earthquakes, or floods. Additionally, there are many other cases and transactions within the scope of insurance law that are not mentioned here. Any kind of dispute related to insurance falls under the purview of insurance law.
Obtaining legal consultancy or representation from an attorney in any lawsuit or dispute in the field of insurance law is crucial to preventing individuals or institutions from incurring damages and plays a significant role in addressing any losses they may have suffered.
WHAT DOES AN INSURANCE LAWYER DO IN TURKISH LAW?
- Handling the processes for compensation of material and moral damages in cases of death or injury resulting from traffic accidents or property damage accidents,
- Offering legal representation and consultancy in resolving disputes arising from aviation, marine transportation, and casco insurance,
- Filing and following up applications to consumer arbitration committees in cases related to insurance,
- Drafting and organizing insurance contracts,
- Resolving disputes arising from real estate insurance,
- Initiating and managing enforcement proceedings in cases of non-payment of insurance premiums,
- Resolving disputes related to life, retirement, and personal insurance,
- Working to compensate damages caused by disasters such as fire, flood, or earthquake, provided insurance coverage was in place beforehand,
- Handling procedures in cases involving termination, partial termination, or withdrawal from insurance contracts, as well as the insurer’s bankruptcy,
- Managing all lawsuits and transactions arising from breaches of insurance contracts.
WHAT ARE INSURANCE CONTRACTS IN TURKISH LAW, AND HOW ARE THEY MADE?
In Turkish law, insurance contracts are agreements that impose obligations on both parties. They require the insurance company to compensate for damages in accordance with the terms of the insurance in the event of a loss to the insured item, while obliging the insured party to pay a specified amount as a premium at regular intervals. Insurance contracts are fixed-term agreements, and if no damage occurs to the insured item during the term, the premiums paid cannot be refunded.
There are certain essential elements that must be included in an insurance contract. These can be listed as follows:
- Parties: The contract must involve an individual or institution taking out the insurance and the company providing the insurance.
- Beneficiary: The beneficiary is the party who holds the interest specified in the insurance contract, typically the party purchasing the insurance.
- Insurable Interest: The subject of the insurance contract must be an interest that can be measured in monetary terms.
- Premium: For the insurance contract to be legally valid, the obligation to pay the premium must be fulfilled.
- Risk: The subject of the contract is the occurrence of a risk (dangers or situations that may cause material or moral damages, potentially resulting in compensation).
- Insurance Amount: This is the amount the insurance company is obligated to pay to the insured party.
>>>Article 1401 of the Turkish Commercial Code regulates insurance contracts. According to the relevant legal provision:
Article 1401 – (1) An insurance contract is an agreement in which the insurer, in return for a premium, undertakes to compensate for the occurrence of a risk or danger that harms an interest measurable in monetary terms, or to pay a sum of money or perform other obligations due to the lifespans or specific events in the lives of one or more individuals.
For an insurance contract to be established, the mutual agreement of the parties is required. Additionally, under the Turkish Commercial Code, the silence of the insurer is considered binding. According to Article 1405/1 of the Turkish Commercial Code: “If a proposal submitted by a person wishing to make an insurance contract with the insurer is not rejected within thirty days from the date of the proposal, the insurance contract is deemed concluded.”
Furthermore, Article 11/2 of the Insurance Law states: “If a proposal regarding the conclusion of life insurance contracts is not rejected by the insurance company within thirty days from the date the proposal is received by the company, the insurance contract is deemed to have been concluded.”
WHAT IS AN INSURANCE POLICY IN TURKISH LAW?
An insurance policy is a document prepared and signed by the insurer, which shows the rights and obligations of the parties in the insurance contract and serves as evidence of the insurance agreement. After the insurance contract is made, the insurer must issue a policy showing the rights and obligations under the contract and provide it to the insured party.
Article 1424 of the Turkish Commercial Code regulates the insurer’s obligation to provide a policy. According to this provision: “If the insurance contract is made by the insurer or its agent, the insurer is obliged to provide the insured with a policy signed by the authorized parties within twenty-four hours from the conclusion of the contract. In other cases, the insurer must provide the policy within fifteen days. The insurer is responsible for any damages caused by the late delivery of the policy.”
>>>What is included in the content of an insurance policy?
- Personal information such as the names, surnames, and addresses of the parties,
- Information about the provided coverage,
- The area and reason for which the insurance is made,
- The start and end dates of the insurance,
- The issue date,
- Payment terms and the fees for the insurance premium.
Some insurance policies include provisions regarding the collection of premium debts. If such a provision is included in the policy, it serves as a receipt; otherwise, the policy does not serve as a receipt. If a change occurs in the general terms and conditions of the insurance after the policy is issued, and if this change is in favor of the insured or the beneficiary, it is applied directly. Additionally, this change may require an additional premium payment, in which case the insurer may request the premium within 8 days from the date of the change. This matter is also regulated in Article 1425 of the Turkish Commercial Code. According to the relevant provision:
“Unless otherwise provided by law, a change in the general conditions that benefits the policyholder, the insured, or the beneficiary shall be applied immediately and directly. However, if this change requires an additional premium, the insurer may request the premium difference within eight days from the change. If the requested premium difference is not accepted within eight days, the contract will continue under the previous general terms.”
WHICH COURT HEARS INSURANCE CASES IN TURKISH LAW?
Insurance lawsuits are cases and proceedings that involve any kind of dispute within the field of insurance law, and they primarily address issues related to protecting individual or institutional rights. Health insurance, car insurance, home insurance, and many other types of insurance are policies that serve personal purposes. Therefore, since the insured person is considered a consumer, consumer courts are competent to handle such cases.
ANTALYA INSURANCE LAWYER – ANTALYA INSURANCE LAW ATTORNEY
Lawsuits and proceedings arising from insurance law are quite varied, but since they involve personal rights, they are an important issue to examine and handle. When we encounter lawsuits and proceedings in the field of insurance law, which we are highly likely to face in various areas of our lives, our first task is, of course, to conduct research on the subject and seek legal representation. To avoid the loss of rights in insurance law disputes and proceedings, or to address any damages in case of victimization, it is essential to seek legal consultancy or representation from a lawyer.
At our law office in Antalya, we offer professional legal consultancy and representation services to our clients, with a team of lawyers specialized in various fields, including insurance law. To contact us regarding any lawsuit or proceedings, you can schedule an appointment using the contact information or visit our office.
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