118 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions With the “Communiqué on the Procedures and Principles Regarding the Institution’s Contribution in Compulsory Liability Insurance Regarding Medical Malpractice” and “Mandatory Liability Insurance Tariff and Instruction regarding Medical Malpractice” the Annex to the Communiqué on the implementation of the Law No. 1219. Compulsory Liability Insurance General Conditions for Medical Malpractice”12 was published and entered into force as of 30.07.2010.13 Thus, the compulsory liability insurance of the physician, which is referred to as “Compulsory Liability Insurance for Medical Malpractice” in the provisions of the relevant law, has been implemented in our country since 2010. B. PHYSICIAN’S MANDATORY FINANCIAL LIABILITY INSURANCE 1- In General The compulsory liability insurance of the physician is a “loss insurance” and “passive liability insurance” in terms of securing the assets due to possible damages that may arise in the future.14 The risk in liability insurance does not occur on the life of the policyholder or anyone else notified by the policyholder; on the contrary, it takes place on their property. Therefore, it is not a life insurance. Physician compulsory liability insurance cannot be made in the form of group insurance.15 I. 92, p. 433, http://tbbdergisi.barobirlik.org.tr/m2011-92-682, (Date of Access: 16.08.2019). 12 In the Communiqué published in 21.07.2010 T. and 27648 I. OG, 19.7.2011 T. and 27999 I. OG, 26.07.2014 T. and 29072 I. OG, 23.5.2015 T. and 29364 I. OG, 28.10. Amendments have been made with the Communiqués published in 2015 T. and 29516 I. OG and most recently 16.4.2016 T. and 29686 I. OG. 13 Communiqué on Procedures and Principles Regarding Institutional Contribution in Compulsory Liability Insurance Regarding Medical Malpractice, which regulates the procedures and principles of corporate contribution to insurance premium, was published in 21.7.2010 T. and 27648 I. OG and entered into force on 30.7.2010. With the Communiqué published on 26.07.2014 T. and 29072 I. OG, the ANNEX 1 risk groups were amended with the tariff in the previous Communiqué. 14 Rıza Ayhan/Hayrettin Çağlar/Mehmet Özdamar, Insurance Law Textbook, 3. B., Ankara 2020, p. 301; “The new general conditions brought regulation in accordance with the technique known as “claims made” in practice”. Samim Ünan, “Compulsory Physician Liability Insurance General Conditions Commentary”, Turkish Association of Insurance Law, Istanbul 2012, p. 10. 15 TCC art. 1496/1: “Insurance can be made with a single contract in favor of per-
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