Practice Areas
Insurance Law Advisory
Legal support in insurance disputes — from forming the insurance contract to rejected claims and proceedings before the Insurance Arbitration Commission — under the Turkish Commercial Code.
Last updated: · Prepared by: Av. Barış Kaymaz
Insurance law, under the Sixth Book of the Turkish Commercial Code No. 6102 (Art. 1401 et seq.), governs the formation of the insurance contract, the parties' rights and obligations, and the claims process once the insured risk materializes. For compulsory motor insurance, provisions of the Highway Traffic Law No. 2918 also apply.
Rejected or underpaid insurance claims are a common problem for policyholders. Correctly assessing policy terms and expert (loss adjuster) reports is often decisive in establishing the merits of a claim.
Forming the Contract and the Duty of Disclosure
An insurance contract is one under which the insurer, in return for a premium, undertakes to pay compensation if a defined risk materializes. The policyholder must accurately disclose matters relevant to assessing the risk when the contract is formed; a breach of this duty can lead to a reduced payout or rescission of the contract.
Rejected Claims and Objection Routes
Insurers may reject a claim on grounds such as the risk falling outside coverage, a breach of the disclosure duty, or gross negligence. Correctly assessing the stated grounds for rejection against the policy terms and the facts is decisive for a successful objection; where needed, an application can be made to the Insurance Arbitration Commission.
Motor Liability and Casco Insurance Disputes
In traffic accidents, compulsory motor liability insurance covers third-party losses up to certain limits, while casco insurance covers damage to the insured vehicle itself. Diminished-value claims, damage calculations, and objections to loss adjuster reports are common sources of dispute in this area.
Subrogation Actions
An insurer that pays a claim is subrogated, to the extent of that payment, to the insured's rights against the party at fault (TTK Art. 1472). On this basis, insurers can bring subrogation actions against the at-fault party to recover amounts paid; correctly establishing the degree of fault and the amount of damages directly affects the outcome of such actions.
Services in This Area
- Assessing and pursuing rejected or underpaid insurance claims
- Preparing applications to the Insurance Arbitration Commission
- Preparing diminished-value and damages claims from traffic accidents and casco losses
- Handling objections to loss adjuster reports
- Pursuing subrogation actions on behalf of insurers or policyholders
- Reviewing insurance policies and general terms and conditions