154 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions insurance is the conclusion of the material start time of the insurance contract starting from a date before the formal start time.79 Retroactive insurance is established at the time of agreement between the insurer and the policyholder regarding the retroactive effect of the insurance protection, and thus, the parties extend the insurance protection to be provided with this contract to a date before the conclusion of the contract; that is, they make it possible to have a retrospective effect. 80 In retroactive insurance, insurance protection covers a moment before the conclusion of the contract, providing assurance against the possibility that the contractual interest may be damaged. However, it provides assurance for the risk that is objectively uncertain whether this purpose is realized or not. On the other hand, if it is known by the policyholder and the insured that the risk has occurred, this purpose stipulated in TCC article 1458 disappears. The main function of retroactive insurance is to ensure the period between the claim for the conclusion of the insurance contract and the conclusion of the contract.81 In retroactive insurance, if the risk is known at the date of the contract, this insurance is invalid. For example, if a doctor takes out retroactive insurance to cover the date of the event after learning that a lawsuit has been filed against him for medical malpractice or a claim for compensation is made with a warning, this insurance contract does not against the insured, are determined in the policy. Provides guarantees within limits. Therefore, the parties to the insurance contract will be able to make insurance with retrospective effect, which can take the insurance protection back ten years from the date of the contract. Çapa, p. 359. 79 With retrospective insurance, the insurer’s obligation to protect under the contract is not limited to the material beginning of the contract, but extends to a date prior to the starting time of the contract. As a rule, the insurer and the policyholder can freely agree on this date. Exceptionally, the will to set this date may be restricted. Capa, p. 354. 80 In this respect, the provision of TCC art.1458 is an exception to the rule stipulated in TCC art.1421, since it changes the material start time of the insurance. Çapa, p. 343. 81 Temporary insurance protection, which is not included in the TCC, provides temporary protection to the policyholder for a certain period of time. Temporary insurance protection arises from economic, insurance, and risk policy needs. In temporary insurance protection, the material beginning of the insurance and the beginning of the form coincide at the same time. In other words, insurance protection is carried out in a way that starts from the moment of establishment of the contract. Therefore, retroactive insurance and temporary insurance protection are different institutions. Çapa, p. 346
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