157 Union of Turkish Bar Associations Review 2022 Hacı KARA The case is about the claim for compensation for the damage suffered under the professional liability insurance policy. In the insurance policy concluded between the parties for the dates 31.05.200631.05.2007, the guarantee limit was determined as 50.000 TL, and the court should have ruled that the liability of the defendant is limited to the policy limit, but it was not correct to accept the case over 54.120 TL by exceeding the coverage limit in the policy. It was unanimously decided to overturn it. According to article B.1 of the General Conditions of Professional Liability Insurance86, titled loss and compensation, the Contract; in case it is done as specified in subparagraph (a) of A.1. (against damages arising as a result of an event occurring during the contract period and indemnity claimed during or after the contract period in accordance with the liability provisions), due to the professional activity of the insured during the contract period, as a result of the loss of others, both during the contract period and within two years from the end of the contract, as specified in subparagraph (b) of A.1. depending on the event that occurred before the contract was concluded or while the contract was in force, provided that it is not less than one year87; a) Payment is made by the insured with the knowledge and written consent of the insurer, or b) In professional liability insurances, where the insurer also undertakes to provide legal assistance to the insured, upon notification of the lawsuit or legal proceeding, c) The court that the loss has occurred and that this loss arises from the liability of the insured in the event that it is decided by the company, the risk is realized. Thus, an occurrence basis-event occurrence claim has been accepted in the Professional Liability Insurance. 86 OG: D. 26.05.2013 and N. 28658. 87 Professional Liability Insurance General Conditions article A.1 with this insurance contract, while performing the professional activity of the insured specified in the policy and the subject of which is defined by the relevant parties; a) Against the damages that arise as a result of an event occurring during the contract period and whose compensation is claimed during or after the contract period in accordance with the liability provisions, or b) Against the claims that can be made against the insured only during the contract period due to an event that occurred before the contract was concluded or while the contract was in force. Guarantee is given up to the amount specified in the contract, including reasonable expenses related to the request. The parties can make a contract to include one of the (a) and (b) clauses, or they may make a contract to include both. If it is made for the responsibility of the insured regarding the business, this insurance also covers the responsibility of the insured’s representative and the people employed in the business or part of the business in the management, supervision, and business, unless there is a contrary provision in the contract.
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