124 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions b) Receivables Covered by the Insurance The coverage amount of the physician’s compulsory liability insurance, the pecuniary and non-pecuniary compensation demanded in the event that an event requiring compensation occurs during the contract period while the insured is performing his/her professional activity specified in the policy, the litigation expenses related to this claim, the interest to be awarded and the reasonable expenses related to the claim claim against the insured, (Litigation expenses to be decided by the court, the court fees imposed in the judicial decision against the insured, expert, discovery and witness expenses, attorney’s fees in favor of the plaintiff)30 (2010 Communiqué art. A.2, IGC article A.1). Claims such as the payment of judicial fines related to criminal liability are not covered by the insurance. c) Application Time of Insurance and Notification According to art. 1473 of TCC, “The insurer pays indemnity up to the amount stipulated in the insurance contract to the insured due to the liability of the insured arising from an event stipulated in the contract and that occurs during the insurance period, even if the loss occurs later, unless the contract provides otherwise”. With this provision, it is accepted that the insurance coverage will be valid for the events that have occurred between the agreed retroactive effect date and the date of the insurance contract, if the event is within the insurance period or if the policyholder (provided that he does not know that the event giving rise to his liability) has obtained retroactive insurance coverage. In other words, the TCC has adopted the event-based insurance (occurrence basis-event occurrence).31 However, this provision is not a 30 The assumption here is that the insurer was not sued and these amounts were not collected from him. If the claimant has also sued the insurer and these amounts are awarded against the insurer, the insurer will already pay them “its own liability” to the claimant. Ünan, Mandatory Physician Insurance, p. 11. 31 The event is an unlawful act that is the cause of the damage that requires the liability of the insured. Ünan, TCC Annotation, p. 288-290; A general definition of liability insurance has been made with this article. In the regulation introduced, the occurrence of the event constituting the basis for the risk within the contract period is taken as a basis. If the principle that the insurer is responsible for the losses incurred in his own period due to an event that occurred in the past was adopted, it was thought that the applicability of such insurance would be greatly reduced in practice. Because, when making a contract, the insurer will want to
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