Insurance Law

An insurance contract is an agreement in which the insurer undertakes, in return for the premium to be paid by the policyholder, to provide various coverages to compensate for the loss that the insured may suffer as a result of a risk occurring during the contract period. Since the insurance contract involves mutual obligations, the policyholder’s duty to pay the premium corresponds to the insurer’s obligation to provide insurance coverage. If the premium payment obligation is not fulfilled, the insurer may demand performance or take legal action, making it entirely a financial obligation.

Article 1401 of the Turkish Commercial Code (TCC) No. 6102 stipulates that the insurer undertakes to provide insurance coverage “in return for a premium” when defining the insurance contract. The premium payment obligation of the policyholder is regulated under Articles 1430 to 1434 of the TCC, covering the time and place of payment, reduction, and consequences of non-payment.

In our law firm, we have a dedicated department and claims experts working under property, life, and liability insurance to ensure that damages are compensated by insurance companies and other parties. Our work includes calculating damages, collecting payments from insurance companies through amicable settlements, and, if necessary, pursuing decisions and collection through the Insurance Arbitration Commission and courts.

Insurance Arbitration Commission

Established under the Insurance Law No. 5684, the Insurance Arbitration Commission aims to quickly resolve disputes arising from insurance contracts between insurance companies, policyholders, or beneficiaries through independent arbitrators. Applications to the Commission are primarily evaluated on the basis of the file, and hearings are rarely held. It is very important to submit all required documents when applying to the Commission.

When a dispute occurs with a member insurance company, it is mandatory to first apply to the insurance company. If no written response is received within 15 business days (15 days in traffic insurance) or if the response does not compensate the loss, the Commission can be approached. Applying to the Commission is not mandatory; you may also go to court after the insurer’s response period has expired.

Except for compulsory insurance, the insurance company must be a member of the Commission at the time the risk occurred to apply to the Commission. For compulsory insurance, all disputes arising after 18.04.2013 can be applied regardless of membership. The application form must be filled out completely, and identification, the insurance policy, and other relevant documents must be submitted along with the form.