Insurance Law: Indemnity Claims and Recourse Actions

Insurance contracts are governed by Articles 1401 et seq. of the Turkish Commercial Code. In practice, most disputes concern whether the loss falls within the policy coverage, the amount of indemnity payable and the insurer's grounds for refusing payment. Solak Law Office advises and litigates in these disputes on behalf of insureds, policyholders and insurance companies.

Property and indemnity insurance

In motor own damage, fire, engineering and construction all risks, machinery breakdown, business interruption and goods insurance, the exclusion of a loss from cover or its underpayment are common sources of dispute. The special conditions of the policy, deductibles and the loss adjuster's report play a decisive role in these files.

Liability insurance

In compulsory motor third party liability, employer's liability, third party liability and professional liability insurance, the injured party's direct claim against the insurer and the insurer's liability within the policy limits are of particular importance.

Transport and marine insurance

Claims for loss of or damage to cargo carried by land, sea and air, proceedings conducted in Turkey on behalf of P&I clubs and disputes arising from cargo insurance are also among the firm's areas of work.

Recourse actions

To the extent of the indemnity paid to the insured, the insurer is subrogated to the insured's rights and may seek recourse against the person liable for the loss. Recourse actions against carriers, tenants, contractors or owners of vehicles causing accidents fall within this scope.

Dispute resolution

In insurance disputes, in addition to the ordinary courts, an application may also be made to the Insurance Arbitration Commission. Which route to follow is assessed according to the amount in dispute, whether the insurer is a member of the system and the nature of the file.

Areas of work

• Indemnity claims and rejected claim files

• Review of policies, special conditions and scope of cover

• Disputes arising from motor third party liability and motor own damage insurance

• Fire, construction and engineering insurance disputes

• Transport and cargo insurance claims

• Recourse actions on behalf of insurance companies

• Applications to the Insurance Arbitration Commission

Solak Law Office · Gayrettepe, Vefabey Sokak No:7, 34349 Beşiktaş, Istanbul, Turkey · +90 531 846 99 34 · info@solaklawoffice.com

This article is for general information only and does not constitute legal advice.