130 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions II. APPLICATION OF MANDATORY FINANCIAL LIABILITY INSURANCE ACCORDING TO THE DECISIONS OF THE JUDICIARY AND INSURANCE ARBITRATION OBJECTIVE COMMITTEE A. JUDICIARY AND COURT DECISIONS 1. Jurisdiction In the case subject to the decision of Y 11. HD, T. 13.2.2017, 2017/270 E. and 2017/765 K. ...10 With the decision of the Consumer Court dated 13.06.2016 and numbered 2016/626 E. and 2016/628 K., the local court Compulsory Financial Liability Insurance Policy for Medical Malpractice was made between the defendant and the third party, the physician to whom the case was requested, between 11.08.2015 - 11.08.2016, and the Insurance Law was regulated in the articles 1401 et al. of the TCC numbered 6102, Pursuant to Article 4 of the TCC, the issues arising from this law will be considered commercial lawsuits, considering the nature of the policy, it cannot be considered within the scope of the insurance stated in Article 3 of the Law No. 6502, since it is a compulsory policy, and since there is no proxy relationship between the defendant and the plaintiff, the defendant’s It has given a decision of non-jurisdiction on the grounds that its liability arises from the insurance law and that the Commercial Court of First Instance is in charge. The decision has been appealed. The Court of Cassation decided to reject the appeals and uphold the verdict by a majority of the votes.48 48 Dissenting Vote: In article 3/k of the Law on the Protection of Consumers No. 6502, the Consumer refers to “real or legal persons acting for non-commercial or non-professional purposes”, and in article 3/1 of the Law, Consumer Transaction is also defined as “public legal persons in the goods or service markets”. All kinds of contracts and legal transactions, including works, transportation, brokerage, insurance, proxy banking and similar contracts, established between real or legal persons acting for commercial or professional purposes or acting on behalf of or on behalf of the consumer. In Article 73/1 of the Law, “Consumer Courts are in charge in cases of disputes that may arise from Consumer Transactions and consumer-oriented practices”, and in Article 83/2 of the Law, “there is a regulation in other laws regarding transactions in which the consumer is one of the parties, this transaction is a consumer transaction”, and prevent the implementation of the provisions of this Law on duties and powers. It will not” is regulated. In the concrete dispute, compensation is demanded from the defendant company on the grounds that the out-of-court doctor, who is insured under the Compulsory Liability Insurance Policy for Medical Malpractice, was defective in the birth of the plaintiffs’ child with a disability due to his failure to show the necessary attention
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