126 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions is renewed regularly in 2015, 2016, 2017, 2018 and 2019), the insured will be protected as there is no gap in the renewal of the contract. If there are gaps in the renewal of the contract, the insured will not be able to benefit from the protection for these periods when the contract is not signed/renewed.36 In event-based insurance, the insurance coverage will become operational provided that this event occurs within the insurance period.37 TCC art. In 1473/1, the event principle is accepted in liability insurance.38 Event-based insurance provides retroactive insurance coverage. In particular, in order to obtain insurance protection against claims for compensation for damages that may arise from faulty practices that were not known at the time of insurance, it is possible to provide insurance coverage as far back as the statute of limitations for liability (this is often the case in professional liability insurances of notaries and lawyers), so the insurer’s need for retrospective review is in the event of an event. It also applies to basic insurance.39 In other words, the liability of the insurer and the insurance coverage continue until the statute of limitations for a claim expires. Thus, an advantage is provided to the insured. The insured (and the injured party) are entitled to benefit from this insurance, even if the damage occurs later due to the malpractice event that occurred during the insurance period and the claim for compensation is also claimed later. For example, in an event-based insurance covering the year 2014, the insurer is obliged to provide protection for this claim, even if the damage occurred in 2016 (for example, if the disability became definite on this date) and the injured party claimed compensation in 2018. In event-based insurance, it does not matter when the loss occurred. The damage may have occurred years later. Compensation process, on the other hand, can be claimed within the time limit or statute of limitati36 Ünan, Mandatory Physician Insurance, p. 10. 37 Ünan, TCC Annotation, p. 288. 38 TCC art. 1473/1: “... the liability of the insured arising from an event foreseen in the contract and occurring during the insurance period, even if the loss arises later ...”, Ünan, TCC Annotation, p. 288 39 If retroactive insurance coverage is obtained (provided that the policyholder does not know that the event giving rise to the liability has occurred), the insurance provides coverage between the agreed retroactive effect date and the date of the insurance contract. Ünan, TCC Annotation, p. 289.
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