121 Union of Turkish Bar Associations Review 2022 Hacı KARA the Law are not obliged to take out insurance.24 In the event that the professional activity defined in the policy is terminated, the insurance contract is terminated and the premium for the days not having worked is returned to the policyholder, without prejudice to the special provisions (General Conditions C. 6). The person who is obliged to take out the insurance, that is, the insured and the physician whose liability is covered by the insurance, are not always the same person. Compulsory professional liability insurance is taken out by the relevant private health institutions and organizations for those who practice their profession independently and for those who work in private health institutions and organizations (LAMMS Annex Article 12/3). If there is a voluntary insurance for these persons in accordance with the General Conditions of Professional Liability Insurance and this optional insurance is not made for the top of the coverage given with the compulsory insurance, multiple insurance provisions of the Turkish Commercial Code (TCC) are applied between this insurance and the compulsory insurance. 4- Features of Insurance a) Scope of Risk Physician’s “Compulsory Financial Liability insurance” contract covers, indemnity payment of the physicians, dentists, and specialists25 who work in public or private health institutions and organizations, during the contract period depending on the damages caused by their professional activities, while performing their professional activities within the scope of the policy. It provides coverage within the limits set in the policy against the claims. The insurant has to notify the insurer within ten days of the events that will necessitate his liability, and immediately to the insurer about the claims against him (TCC art. 1475). 24 Mustafa Çeker, Insurance Law, 10. B., Karahan Publishing House, Adana 2014, p. 304. 25 Changed phrase: OG: D. 26.7.2014 and N. 29072.
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