128 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions ago (in 02.05.2016) or during the insurance period (in 2017) or within one year (2018) from the expiry of the insurance period, the damage is covered by the insurer.43 According to the IGC, the physician professional liability insurance provides coverage within the limits set in the policy against the claims made to him during the contract period due to the losses he caused due to his professional activity in the ten-year period before the contract date or during the contract period, while performing the professional activity covered by the policy. However, the beginning of the ten-year period cannot exceed 30 July 2009 and there is no insurance protection for notices made during insured periods due to events occurring during periods of more than one month of uninsured (IGC art. A.1). Accordingly, the claim principle has been adopted with physician professional liability insurances and it has been assumed that the insurance will be renewed regularly every year. Accordingly, only the claims made to the insured during the insurance period are under insurance protection. In claims-based insurances, it is essential that the claim for compensation is brought against the insured physician, but in addition, the claim of the injured party must be “delivered” to the insurer within the insurance period. On the other hand, in the general conditions, it did not include any conditions regarding the notification, on the contrary, it deemed the request made to the insured sufficient. The sanction of not notifying the insurer of the claim immediately is stipulated in TCC art. 1475/3 by referring to art. 1446/2 of the TCC. Accordingly, if the non-delivery or late notification of the risk has led to an increase in the indemnity or price to be paid, a reduction from the indemnity or the price will be sought, depending on the gravity of the fault. In other words, when the insurer recourse to the insured in order to partially recover what he has paid after paying compensation to the injured party, a discount is made according to the severity of the fault to be applied.44 43 In this type of insurance, since the insurer assumes a greater risk, the premium to be demanded will be higher. Çeker, p. 310. 44 Ünan, Mandatory Physician Insurance, p. 10.
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