138 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions However, those who are obliged to take out compulsory physician financial insurance despite the insured consumers who have an insurance contract are not among the consumer persons defined with the phrase “real or legal person acting for non-commercial or non-professional purposes” in article 3/k of the Law No. 6502. According to the LPC are not considered consumers because they are in the position of taking out this insurance for professional purposes. Therefore, the lawsuits to be filed within the scope of this insurance are again within the jurisdiction of the Commercial Court of First Instance. Since the lawsuit can also be filed by third parties, the lawsuits to be filed by third parties in the position of legal successor61 should also file a lawsuit at Commercial Court. 2. Standing to Sue Istanbul 14th Commercial Court of First Instance, in its decision numbered 19.02.2019 T., 2017/634 E. and 2019/154 K., by the local court, Gynecology and Obstetrics Specialist Op. Upon being asked by the General Directorate of Management Services of the Ministry of Health, which insurance company issued Dr …’s physician professional liability insurance policy, in the mail-dated reply letter of the General Directorate of Management Services of the Ministry of Health, Gynecology and Obstetrics Specialist Op. It has been reported that Dr. …’s compulsory physician professional liability insurance policy was insured by … Insurance. If public officials cause harm to persons while exercising their powers or performing their duties, it constitutes a service fault of the relevant public institution. In this regard, the Constitution art. 40/III, article 129/V, Law No. 657 art. 13 (and HGK 2011/4-592 E., 2012/25 K.) contains mandatory provisions. In this case, the responsible is the public institution under whose order the public official works, and the case should be brought against that institution. On the other hand, from the spect, the most correct solution is to settle insurance disputes in which consumers are a party, in consumer courts, which are also specialized in insurance contract law.” Samim Ünan, Sigorta Tüketici Hukuku, On İki Levha Yayıncılık, İstanbul 2016, p. 156. 61 Haluk N. Nomer, “The Relationship Between Subrogation and Recourse, Especially the Role of Subrogation in terms of Social Insurance and Private Insurance Recourse Rights”, İHFM, Y. 1997, LV, I. 3, p. 247.
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