What are Insurance Law Litigation Procedures?
Insurance law; It is the branch of law used to resolve disputes between the insured and the insurer. Within the scope of this branch of law, it examines the rights and obligations arising from the contracts in which the insurer undertakes to indemnify or act in case of a danger that harms a monetary benefit of the person.
Insurance law, which is within the scope of Commercial Law, has become widespread with the development of insurance in our country. The Insurance Law, which regulates the relations between the insurer and the insured, provides the management of the process within the scope of accident, death and personal insurance types. Preparation of insurance contracts, termination, partial annulment or withdrawal, bankruptcy of the insurer, collection of the payments for the injured party, accident insurance, pension, health and life insurance disputes are also within this scope.
Why is Insurance Law Necessary?
Insurance Law is important for businesses and individuals to be aware of their rights and to act according to these rights. Insurance law will come into play to cover the pecuniary and moral damages of both parties and will decide what the parties should do within the legal framework. Insurance law, which regulates the insured and insurer relations, is one of the important branches of law.
What are the Types of Insurance?
So what is covered by insurance law? So what are the types of insurance? The cases followed within the framework of insurance law and which may be the subject of litigation are as follows:
Loss and Indemnity Insurance: It is the type of insurance that provides compensation for the damage caused by the risk covered by insurance contracts. Fire insurance, automobile insurance, theft insurance, ground shaking, hail or sickness insurance provide compensation for damage.
Life Insurances: Life insurances that come into play in matters related to human life; It has types such as Death Event Insurance, Group Life Insurance, Disability Insurance, Personal Accident Insurance.
Liability Insurance: It is a type of insurance aimed at covering the indemnity in return for the damage caused by the insured. Third Party Liability Insurance, Product Liability Insurance and Professional Liability Insurance are of this type.
Debts and obligations are fulfilled according to the articles in the contract of the insured. Therefore, the rights of both parties are ensured.
What are the Insurance Contract Obligations?
The insurance contract causes both the person and the insurer to act with certain obligations. Insurance contract obligations:
premium payment,
Don't make a statement,
Not aggravating the risk and reporting the aggravating risk,
Obligation to notify that the risk has occurred,
It can be specified as an obligation to mitigate and recover damage.
The insurer has to pay the premium and the liability of the insurer will begin with the payment of the premium or down payment. If the premium is not paid, the liability of the insurer does not begin. The premium debtor is the policyholder or its legal successors.
Which Cases Are Covered by Insurance Law?
There are types of cases that are handled by insurance lawyers and fall within the scope of insurance law. These:
Dispute cases related to motor insurance, aviation and marine insurance,
Litigation for pecuniary and non-pecuniary damages in traffic accidents,
Cases related to personal accidents,
Claims and compensation cases arising from pension insurance, health insurance and life insurance,
Flood, fire, earthquake etc. Lawsuits for insurance claims and compensations resulting from disasters,
Lawsuits arising from breach of obligations in insurance contracts,
Damage insurance, disputes arising from compulsory liability insurance,
Execution of unpaid insurance premiums before enforcement offices and courts,
It can be summarized as the collection of compensation and insurance costs from the injured party.