156 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions contract be valid? Whether a lawsuit has been filed primarily against the public institution employing the health personnel or the health personnel themselves, it is not possible to have retroactive insurance in both cases. Because after the health personnel learned that a lawsuit has been filed against the administration for the time being due to the realization of the risk, it is not possible to have effective insurance if it has passed on the grounds that he did not know, that the risk has occurred yet.85 7. Occurrence of Risk According to the decision numbered Y 11. HD, T 25.6.2018, E 2016/11529 and K 2018/4747: Following the criminal court’s finding that the accused doctors were at fault; the victims of the crime had the opportunity to make a legal claim from the date of the incident, the date of the damage/risk was determined by the court. Article A. 1.b of the General Conditions of Professional Liability Insurance, that the policy was drawn up with retroactive effect, including the previous events that the risk occurred on a date before the policy was issued, and that the risk arising from the death event is also within the scope of the policy. Pursuant to Article 2 of the TMK, the claim in the policy text that “protection will be provided only against the claims that may arise against the insured during the contract period” is in the nature of asserting an actually impossible condition, and in line with the same condition, the indemnity arising from the risk is not paid to the insured person based on this condition. In violation of the honesty rule in accordance with the provision, it has been decided to accept the case. 85 According to the contrary view, in this case, the risk did not occur within the meaning of Article B.1 of the General Conditions of Compulsory Liability Insurance Regarding Medical Malpractice, since there is no compensation case against the doctor yet. It is also possible that this lawsuit filed against the public administration may result in a defect related to the planning, organization, arrangement, and arrangement of the health service in general, to result against the administration. In this case, since the doctor will not have any responsibility to the administration, the administration will not be able to file a recourse lawsuit against the doctor. In other words, it is still indeterminate whether the doctor has a fault and recourse liability at the time of the lawsuit filed against the public administration. Göçmen, p. 1.
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