APPLICATION
The person who benefits from the “insurance contract” is generally the “insurer” as a real or legal person. The “insurant” is the person who concludes the insurance contract. A person whose benefit is secured by an insurance contract, in other words, who benefits from insurance protection, is defined as “insured”. Usually the insured and the insured are the same person. The person who benefits from the insurance contract should be understood as the “insured”. However, although the interests of the insured are protected in liability insurance, article 1478 of the Turkish Commercial Code regulates the right of third parties to directly claim against the insurer. The direct application of the insured to the commission is essential. However, it is also possible for the insured to give power of attorney to a lawyer to act himself. An application fee is charged at the time of application to the Commission. The application fee varies according to the amount in dispute.
The amount of the dispute;
200 TL in disputes up to 5,000 TL
450 TL in disputes between 5.001- 10.000 TL
650 TL in disputes between 10,001-30,000 TL
In disputes of 30,001 TL or more, the application fee is 1.5% of the dispute amount (minimum 650 TL).
In the dispute applications, the application form, information and documents regarding the dispute and the document showing that the application fee has been paid must be included. The file regarding the dispute is transferred to the relevant rapporteur according to his expertise on this subject.
PRELIMINARY EXAMINATION
The application of the person who has a dispute with the insurance company to the Commission is first examined by the rapporteur. The rapporteur review is about whether the application meets the formal requirements. Rapporteurs must complete their investigations within fifteen days at the latest. If, as a result of the preliminary examination, it is understood that the file cannot be evaluated by the Commission, the situation is immediately notified to the relevant person and ninety percent of the application fee is returned to the applicant. (Likewise, if the application is withdrawn before the rapporteur starts the examination, ninety percent of the application fee is refunded.) If the rapporteur, who has completed the preliminary examination, determines that the dispute is due to the lack of information and documents, he informs the parties of the situation and closes the file provided that the parties are informed. In this case, fifty percent of the application fee is returned to the applicant.
REFEREE APPOINTMENT
Arbitrators are selected by the Commission from the list of insurance arbitrators. After the file is classified according to the life or non-life insurance group according to its subject, the selection of the arbitrator is made according to the order procedure from the general list. The rank procedure is based on the expertise of the insurance arbitrators. The selected insurance arbitrator cannot refuse duty, except for force majeure and unexpected circumstances.
JURISDICTION PROCESS
It has been regulated that in cases where there is no provision in the CB, the provisions of the HMK will be applied by analogy to the arbitration in the insurance business. Unless the parties agree otherwise, the arbitrators apply the Turkish substantive law rules to the merits of the dispute. Although the arbitrators decide only on the file/document given to them, there is no obstacle for the arbitrators to hold a hearing. (In practice, a hearing is usually held). The arbitrator or the arbitral tribunal may decide to take the opinion and vote of the expert upon the request of one of the parties or spontaneously, in cases where the solution requires special or technical knowledge outside the law. Experts are also selected by the list method.
REFEREE DECISIONS
Arbitrators must decide within four months at the latest from the date of their appointment by the Commission. Otherwise, the dispute is resolved by the competent court. However, the four-month period can be extended with the express and written consent of the parties -to be made within the arbitration period. As soon as the arbitrator’s decisions are made, they become enforceable. The attorney’s fee to be decided against those whose request is partially or completely rejected is one-fifth of the attorney’s fee determined in the Attorney’s Minimum Fee Schedule. The arbitrator submits his decision to the Director of the Commission. The duty of arbitration ends with the deposit.
LEGAL WAYS
For the decisions of the insurance arbitration commission, two levels of legal remedies are foreseen in the law.
First of all, arbitrator decisions on disputes under 8,000,00 TL are final.
Decisions made on disputes of 8,000,00-TL and above can be appealed (1 time only), and the decisions made by the commission upon the objection are final. The appeal must be made within 10 days from the date of notification of the decision. (Together with the application form and appeal application fee)
Decisions made by the commission regarding disputes over 107,000,00 TL can be appealed. The appeal period is one month in accordance with Article 361 of the HMK. In the event that the arbitrator’s decisions are overturned by the Supreme Court, the proceedings will continue by the former arbitrators or by the new arbitrators to be selected by the Commission.
and a new arbitration period is determined. The referees cannot resist the decision to overturn.
