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Activity Areas

Insurance Law


Insurance Law is the branch of law that regulates the rights and obligations of the parties in the insurance relationship to each other, the insurance relationship, and what to do when a dispute arises between the parties1. Insurance relationship; It is a contract in which the insurer undertakes to indemnify, in return for a premium, in case of a danger that damages a monetary benefit of the insured or the beneficiary, or to pay a money or perform another act at the end of a certain period or upon the occurrence of a certain event2. The parties in the insurance relationship; The insurer is the insured, the insured and the beneficiary. Insurer; It is the natural or legal person who undertakes the risk and undertakes to receive premiums based on the insurance contract. the insured; It is the person who makes the insurance contract and undertakes to pay the premium. Insured; It is the person who may incur losses in the event of the realization of the risk subject to the insurance contract. beneficiary; It is the person who benefits from the performance of the insurer according to the insurance contract2.

Insurance Law is a branch of private law within the scope of commercial law. The main source of Insurance Law is 1402-1474 of the Turkish Commercial Code No. 6102. Section of the Provisions Regarding the Insurance Contract. In addition, the Insurance Law No. 5684, the Highway Traffic Law No. 2918, the Law on the Protection of the Consumer No. 6502 and related regulations also contain regulations regarding the Insurance Law3.

The functions of Insurance Law are as follows:

     To protect the interests of the insured and beneficiaries and to compensate their losses.
     To determine and supervise the liabilities of insurers.
     To ensure the regular and healthy functioning of the insurance market.
     To determine the procedures and principles regarding the establishment, execution and termination of insurance contracts.
     To offer judicial and alternative ways to resolve insurance disputes.

Sub-branches of Insurance Law are:

     Loss insurance law: It is the branch of law covering the insurances in which the insurer undertakes to compensate in case of a danger that damages a monetary benefit of the insured or the beneficiary. For example, fire insurance, motor insurance, theft insurance, earthquake insurance.
     Life insurance law: It is the branch of law covering insurances in which the insurer undertakes to pay a money or perform another act at the end of a certain period or upon the occurrence of a certain event. For example, life insurance, personal accident insurance, disability insurance3.
     Liability insurance law: It is the branch of law covering insurances in which the insurer undertakes to compensate if the insured is held responsible for the damages caused to third parties. For example, traffic insurance, professional liability insurance, product liability insurance3.

The basic concepts to be considered in Insurance Law are as follows:

     Premium: It is the price paid by the policyholder, which is the equivalent of the insurance contract. Payment of the premium is essential both for the establishment and continuation of the insurance contract2.
     Risk: It is a danger or event that harms the interests of the insured or the beneficiary. The risk must be probable, but not certain. The risk must be both uncertain and in the future2.
     Damage: It is the material or moral loss that occurs as a result of the realization of the risk. The existence and amount of the damage must be proven2.
     Compensation: It is the price paid to cover the damage. The amount of compensation should be limited to the damage2.
     Reinsurance: It is the transfer of some or all of the risk by the insurer to another insurer. Thanks to reinsurance, the risk is distributed and major losses are prevented2.
     Agent: They are intermediaries working on behalf and account of the insurer. Agencies; They have the authority to issue policies, collect premiums, and assess damages2.
     Broker: They are intermediaries working on behalf and account of the insured. Brokers; They have the authority to find the most suitable policy, negotiate, and follow-up damage2.

The problems encountered in Insurance Law are as follows:

     Violation of the insured's obligation to inform: In case the insured gives incomplete or incorrect information about the risk, the liability of the insurer may be eliminated or reduced2.
     Aggravating the risk by the insured: In case the insured acts in a way that increases the probability of the realization of the risk, the liability of the insurer may be eliminated or reduced2.
     Failure of the insured to prevent or increase the damage: If the insured does not notify that the risk has occurred or does not take measures to reduce the damage, the amount of compensation may be reduced2.
     Intentionally causing the damage by the insured: In case the insured acts deliberately in a way that harms the interests of himself or the beneficiary, he loses his right to compensation2.

Processes

Working Processes

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