First of all, we should mention that insurance law contains a lot of details and is a branch of law that requires expertise.Therefore, we recommend that you apply to a Antalya/Turkey Insurance Law lawyer for disputes between the parties.
Legal solutions for the Insurance Law disputes in our law office located in Antalya
1-)Disputes related to Casco, aviation and marine insurance and settlement of the dispute through litigation follow-up
2-)Claims for financial and moral compensation related to Accident Insurance, collection of insurance costs
3-)Settlement of claims and compensation cases arising under retirement insurance, health insurance and life insurance before the Arbitration Committee or the Consumer Courts
4-)Litigation follow-up of insurance receivables and compensation arising as a result of conditions such as floods, fires, earthquakes and disasters
5-)Preparation, termination, partial termination and withdrawal of insurance contracts
6-)Follow-up of disputes arising in violation of obligations in insurance contracts
7-)Loss insurance, disputes arising from compulsory liability insurance
In other words, we provide legal services in all disputes that fall within the scope of insurance law.
We will tell you in detail what you need to know about insurance law in this article.It is useful to inform the meaning of some special terms that should be known before starting the article.
Terms to Know
Policy: The contract which outlines what the insurance company will pay in case of loss.
Benefit: The money or services an insurance company provides in case of loss.
Insured: The person who receives the insurance benefit. However, in the case of life insurance, the “insured” is the person whose life is insured, and the person who receives the benefit is called the “beneficiary.”
Premium: The money the insured pays the insurance company.
Claim: A request for benefits when loss occurs.
Coverage: The types of losses which the insurance company will reimburse.
Insurance Company: A person who is licensed to sell insurance in a particular state.
Insurance is an activity that aims to meet the economic need of a group of persons who are subject to the same or similar risks if the risk is realized.Accordingly, the elements of the insurance:
a-)If there is a situation where people are exposed to dangers (risks) that threaten their life or property and create an economic need if they happen,
b-)If there is a situation where people who are at the same or similar risk come together and form a community (danger Association)
c-)If the economic requirement that arises as a result of the realization of the risk is to be met (providing insurance assurance)
d-)If there is a case of benefiting from insurance coverage if a certain premium is paid,
e-)If there is a right to claim insurance coverage
In this case, the insurance law is mentioned.
Loss insurance is the compensation of a person’s property damage resulting from the realization of a risk specified in the insurance contract.For this reason, in loss insurance, the insurer’s payment to cover the loss is called “insurance compensation”.
If the loss insurance covers the loss resulting from the loss or decrease of the assets , it is considered as active loss insurance.The insurance of interest on a property, the insurance of receivables and the insurance of expected profit are the insurance of active loss.
If the loss insurance covers the increase in the liability of the assets, it is considered as passive loss insurance.
Liability insurance and insurance against mandatory costs are considered passive loss insurance.
In the case of active loss insurance, the insurance cost, which represents the maximum amount of compensation that the insurer will be obliged to pay, must be equal to the value of the insurance; the value of insurance is the value of the insured interest.In the contrary, there is no interest value in passive loss insurance.Because it is not possible to determine in advance the amount of compensation that a person will be liable for by law or contract, or the amount of costs that he or she will have to do because of the realization of a risk.For this reason, the principle that the cost of insurance is equal to the value of insurance is not valid in passive loss insurance.İn passive loss insurance,the insurer shall pay the insurance premium, which shall be determined freely by the contracting parties, in the event of the occurrence of the risk.
The principle of “Prohibition of enrichment” applies to loss insurances.In accordance with this principle, the insurance cannot be a means of enrichment; the insurer shall reimburse the loss actually incurred by the insured, limited by the cost of the insurance.Because of the principle of Prohibition of enrichment,the insurer becomes the successor to the rights of the insured person.The legal succession of the insurer prevents the insured from becoming wealthy by obtaining compensation separately from the insurer and the loss liability for the same loss.
We recommend that people who wish to make loss insurance consult an Antalya/Turkey insurance lawyer to prevent loss of rights.
In sum insurances, the insurance company pays the amount stipulated in the contract to the insured person or to the third party(beneficiary) in the event of a specified event.Life insurance is sum insurance.Life Insurance is a guarantee that protects the person and the life standard of their loved ones against the unexpected situations of life.In life insurance, in the event of death, disability, dangerous illness or unemployment during the period of policy, a payment shall be made to the person or to the beneficiary or legal heirs upp to the amount of the guarantee specified in the policy.
If a person is insured for the life of another person(beneficiary) the life of the insured person(the party of the contract) must have a material or moral interest in the continuation of the life of the beneficiary.
However, there is no interest in sum insurance (in the technical sense of loss insurance).For this reason, the principle of “the value of the insurance is equal to the value of the insurance (interest)” is not valid in life insurances.The cost of insurance is freely determined by the parties.
The purpose of sum insurance, unlike loss insurance, is to obtain a sum of money.Therefore, in sum insurance, the payment made by the insurer is not as insurance compensation, but as “insurance cost”.The principle of Prohibition of enrichment does not apply since there is no compensation for a loss in sum insurance.A person may insure the life of himself or a third party (for which he has a material or moral interest for the rest of his/her life) more than once at any price.
For sum insurance, it is also useful to consult an Antalya/Turkey insurance law lawyer.
C-)Compulsory Insurance-Optional Insurance
Compulsory insurance – optional (optional) insurance is grouped according to the criteria of whether the insurance should be optional or not.Optional insurance, there is no legal obligation to be done, compulsory insurance is obliged to be done in accordance by law.It is essential that the insurance is optional; however, for some reasons some insurance must be made.
For example, in the highways Traffic law, it is stipulated that the operators of vehicles must insure their liability to third parties up to the specified amount in accordance with the provisions of this law.
D-)Property Insurance-Personal Insurance
Insurances are grouped as property insurance and personal (can) insurance according to what the risk is intended for.Property insurance is the insurance that guarantees against the risks to the property.Property insurance and liability insurance are property insurance.
Personal insurances, on the other hand, are the insurances which are covered for the risks of human life and body such as illness, disability and death.Personal accident insurance, health insurance and pension insurance are covered by personal insurance.
2-)ESTABLISHMENT OF INSURANCE CONTRACT
The establishment of the insurance contract is not subject to a form by law.If the parties declare their will in accordance with each other,the insurance contract is established.The insurance contract is not subject to any form of declaration of will (requested and accepted); it may be written or oral, explicit or implicit.
In practice, by answering the questions in the documents prepared by the insurer and called Question form or proposal, the requirement is made in writing many times.At this stage, the help of an Antalya/Turkey insurance lawyer will be useful.
In other words,the insurance contract begins with the submission of the proposal form prepared by the insured to the insurance company.The insurance company evaluates this offer form.If company agrees, it shall prepare a signed policy and give it to the insured.Thus, the insurance contract is established.
A-)Insurance contract must be done in Turkey and exceptions
Persons resident in Turkey (real and legal) are obliged to make their insurable interests in Turkey to insurance companies operating in Turkey.Those who act contrary are punished with judicial fines.
⦁ transport insurance for goods subject to export and import
⦁ liability insurance arising from the operation of ships (ship operators)
⦁ life insurance
⦁ personal accident, illness, health and motor vehicle insurance which can be carried out for the duration of their stay outside Turkey, provided that they are limited to this period or temporarily while they are abroad.
Such cases can be insured abroad.
3-)DOCUMENTATION OF THE CONTRACT
Although the contract of insurance contract is not subject to a form by law, written evidence is required for proof of the contract.The existence of the insurance contract and the rights and obligations of the parties shall be proved by the policy as a rule.Therefore, the contract must be documented with an “insurance policy”
According to the Turkish commercial code,if the insurance contract is made by the insurance company or its agent, it is obliged to give to the insured person a policy signed by the authorities within twenty-four hours from the conclusion of the contract and in other cases within fifteen days.Otherwise, the insurance company is responsible for the damages caused by the late delivery of the policy.
If the contents of the policy and the Annexes of the Addendum are different from the offer or the agreed terms, the provisions which are different from the offer and which are provided against the beneficiary, the provisions of those articles are not in valid.
4-)AMENDMENT OF THE CONTRACT
Once the insurance contract has been established, it continues unchanged until its expiration.However, the provisions of the contract may be amended by the agreement of the contracting parties (the insurer and the insured).This change is documented by editing the addendum.
It is possible to change the insurance contract at the sole discretion of one of the contracting parties only if this right has been granted by the contract or by a provision of law.
5-)PARTIES TO THE INSURANCE CONTRACT AND RELATED PARTIES
The insurer is the party responsible for compensating the damages.With an insurance contract, more than one insurer can pledge insurance patronage.Each of the insurers may also conclude insurance contracts with the insured with the same conditions for a certain proportion of the risk.
In cases where more than one insurer undertakes insurance protection, one of them is jeran.Jeran represents the other insurers at the conclusion and execution stages of the contract according to the agreement between them.
At this stage, you can consult the Antalya/Turkey insurance law attorney in your relationship with jeran.
The insured person is the party that has concluded an insurance contract with the insurer.The insurer may be a natural or legal person.The premium payment debt arising from the contract belongs to the insured.
The insured may insure his own interest or the interest of a third party.If the interest covered by the insurance contract belongs to the insured, there is “insurance on his own account”, and if it belongs to another person other than the insured, there is “insurance on the account of another”.An insurance contract can also be made in the form of insurance partly on his own account and partly on someone else’s account.
In the case of a third party, the rights arising from the contract shall belong to the person whose interest is insured; however, the debtor of the premium debt is the insured person as the party of the insurance contract.
5.2.1) Insured person in life insurance
Life insurance can be made on the life of either the insured or a third party.The person whose life is insured is referred to as” insured”.The concept of insured in life insurance differs from the concept of insured in loss insurance.
In the event that the life of another person is insured, it is the validity condition of the contract that the insured person has the benefit of the life of the insured person.The third party’s consent to the insurance of his life or the fact that he is aware that his life has been insured is not important as a rule.In other words, the consent of the third party is not important for the establishment of the contract.
5.2.2.)Beneficiary in life insurances (third person)
In life insurance, the beneficiary is the person who will benefit from the insurance.In case of realization of the insured risk, the authority to claim and collect the insurance cost from the insurer shall belong to the beneficiary unless otherwise agreed.The beneficiary may be appointed by the insured during the contract or later.If the beneficiary is not specified in the insurance against the risk of death, the contract is considered to be done in favor of the heirs of the insured; if the insurance contract is made against the possibility of life, it is considered to be done in favor of the insured (the person at risk).
As you can see,insurance law is a branch of law that has a lot of details.Your work can be done easily by giving a power of attorney to an Antalya/Turkey insurance lawyer.
If more than one person is assigned as beneficiary without specifying their share in life insurance against the risk of death, they all have an equal share in the cost of insurance.If there is a share that is not taken by one of the rights holders, it is added to the share of the others.Rejection of the inheritance or abandonment of the inheritance has no effect on the beneficiary’s right to claim the insurance fee.
5.3.1-) Insured person in loss insurance
The insured person is the person whose interest is insured.The rights arising from the insurance contract concluded by the insured shall belong to the insured.This person may be a signatory of the insurance contract or a third party.
5.3.2-) Damaged Person In Loss Insurance
It is stipulated that” the beneficiary may claim the compensation of the portion of the loss up to the insurance value from the insurer, provided that it remains within the current statute of limitations for the insurance contract.”
With this provision, the person who is harmed in all liability insurance is granted the right to sue the insurance company directly.
I.OBLIGATIONS OF THE INSURED
6.1.1-)PREMIUM PAYMENT DEBT
The borrower of the premium debt is the insured person.According to the Turkish commercial code,if the insured does not pay the premium debt and the beneficiary is determined in the contract, there is a special case.Accordingly, the insured in loss insurance, the beneficiary in life insurance, if they agree to pay the premium in case of notification of this situation to them, the contract will continue with these people is regulated in the relevant law.Accordingly, if the insured in loss insurance and the beneficiary in life insurance undertake to pay the premium, it is possible that they owe the premium.
The amount of insurance premium is determined by the contract and the amount determined by the contract is valid for the duration of the guarantee, as a rule, this amount will not be increased or reduced.Exceptions to this rule are laid down in the relevant law.
According to the Turkish commercial code, if there have been changes in the reasons affecting the premium, requiring the reduction of the risk, the premium will be reduced and refunded as needed.This provision also applies if the higher premium agreed in the contract is due to mistakes of the insured.
if the insurer learns within the term of the contract that the risk is likely to occur or aggravate the current situation, or that there are events that may be considered as aggravating the risk in the contract,may terminate the contract within one month from this date or request a premium difference;if the difference is not accepted within ten days, the contract will be deemed to be terminated.”
6.1.2-)Time, Shape And Place Of Payment
According to the Turkish commercial code, insurance premium is paid in advance unless otherwise agreed by contract. However, it is also possible to decide to pay in installments.The payment time of the insurance premium is regulated in the relevant article of the Turkish Commercial Code.According to this provision, the entire insurance premium is agreed to be paid in installments, the first installment is paid as soon as the contract is made and in return for the delivery of the policy.
Insurance on land and sea goods transportation works, even if the policy is not yet regulated, the premium is paid at the time of the contract.If payment in installments is agreed, the time, amount of payment of premium installments and the results of non-payment of premium due date are notified to the insured in writing together with the policy (or in the policy).
In cases where payment in installments is decided, when the risk is realized, it is assumed that all of the premiums related to the compensation or price to be paid are due.At this stage, consulting an insurance lawyer will show you the ways to follow.
Insurance premium is paid in cash.The premium amount may also be determined in foreign currency; in this case, if the premium is paid in foreign currency (in a currency other than TL) in the contract (in the policy), or if there is no such statement, the premium debt may also be paid in Turkish lira at the exchange rate on the date of payment.
If the first installment is paid in cash, it is possible to issue a bill of exchange for subsequent premium installments; in this case, payment is made by the payment of the bill of exchange.
Insurance premium is paid at the address shown in the contract of the insurer.If the insurance premium is actually paid at an address other than the address shown in the contract, the contract provision for the place of payment is ignored.
Insurance law is a branch of law that contains a lot of details as well as being very comprehensive.Although the relevant law states the ways to be followed in the case of insurance law disputes,how the insurance laws should be applied has been clarified in the decisions of the Supreme Court.
We advise you to do your insurance transactions together with an insurance law attorney.Because a small mistake can cause you financial or moral harm.