129 Union of Turkish Bar Associations Review 2022 Hacı KARA The last sentence of General Conditions A.1/1 stipulates that “… insurance protection will not be available for notifications made during insured periods due to events that occur during periods of more than one month of uninsurance”.45 If a physician first takes out insurance in 2009, he will be able to benefit from this insurance for malpractice events after 2009 (it didn’t happen the subject of a claim for compensation). For instance, the 2015 policy will come into effect and provide protection for claims made after the start of the insurance period in 2015, related to an incident in July 2014. Even if the same physician took out insurance for the first time in 2011, neglected to take out insurance in 2012 and 2013, and had an insurance policy issued again for 2014, for the event in July 2013, it would remain open in accordance with the general conditions (because there was a gap of more than one month), and will not benefit from the guarantee. Assuming that the insurance contract was regularly signed from the beginning and the contract was last renewed in 2019, as insurance protection will be provided starting from 30 July 2009 until 2019 (it will also provide malpractice events that will occur from 30 July 2009 but have not yet been the subject of a claim for compensation). ) The malpractice contract that occurred in 2015 will be deemed to be included in the scope and the claim for compensation brought forward in 2019 (within the insurance period) will be paid from the 2019 policy. In the event that the insured terminates her professional activity, in addition to the retroactive coverage,46 claims that may arise up to two years after the end of the contract due to her professional activity in the last insurance contract period are also covered.47 45 It should be noted that this provision is incompatible with the feature of physician liability insurance to provide coverage for “past events”. Ünan, Mandatory Physician Insurance, p. 10. 46 Physician liability insurance does not constitute fully retroactive insurance. Retroactive insurance is in question when the risk occurred before the insurance contract (but the parties did not know about this). However, in physician liability insurance, the risk occurs at the time the claim for compensation is made pursuant to Article B.1 of the General Conditions. This moment (after the contract is made) must take place within the insurance period. Ünan, Mandatory Physician Insurance, p. 11. 47 If the occupation were terminated, a two-year “additional” protection covering not only the last insurance period but the entire period up to the retroactive effect date would have been more appropriate. Ünan, Mandatory Physician Insurance, p. 10.
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