119 Union of Turkish Bar Associations Review 2022 Hacı KARA The purpose of liability insurance is to provide compensation claims that the insured may face due to the damage that may be caused to third parties. The insurer takes over the burden arising on the assets of the insured due to liability. Therefore, they do not mention the insurer’s obligation to pay a certain amount agreed in the contract.16 The purpose of physician liability insurance, on the other hand, is to provide assurance against compensation claims in lawsuits filed against physicians against the damages they may cause to their patients as a result of error, negligence and misapplication while fulfilling their professional duties and obligations, in other words, it saves them from the financial burden that physicians may be exposed to due to legal liability. Thanks to this insurance, those who have suffered damage have the opportunity to apply to an institution (insurer) with a high financial power to meet the compensation receivables against the doctor who harmed theart.17 The physician, whose responsibility is claimed, transfers the indemnity liability to the insurer, which, in some cases, reaches very high and unmanageable amounts. By making a payment to the third party, the insurer removes both the loss suffered by this person and the burden that the insured has incurred due to liability.18 The state that employs a physician will transfer the responsibility arising from the action of the physician it employs to the insurer. sons belonging to a group of at least ten persons, who have the opportunity to determine who they are according to certain criteria, by the policyholder. During the continuation of the contract, everyone included in the group benefits from the insurance until the end of the group insurance contract. If the group falls below ten people after the conclusion of the contract, it does not affect the validity of the contract”. 16 An insurance amount does not necessarily have to be agreed in the contract. The insurer can also provide “unlimited” coverage. It serves the purpose of determining the maximum amount that the insurer will be responsible for, calculating the insurance premium in a healthy way, and marketing the liability insurance product “for an affordable premium”. Samim Ünan, Annotation on the Turkish Commercial Code, Book 6, Insurance Law, V. II, 1st B., Onikilevha Publishing, Istanbul 2016, p. 263. 17 In compulsory liability insurances, the protection of the interests of the injured rather than the insured comes to the fore. The purpose of compulsory insurance is to protect the public interest, unlike voluntary insurancep. Rauf Karasu, “Evaluation of the Provisions of the Turkish Commercial Code No. 6102 Regarding Liability Insurance”, İnönü University Faculty of Law Journal Special Edition, Vol. 2, Y. 2015, p. 695. 18 Ünan, TCC Annotation, p. 263.
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