“Liability Insurance and Alternative Conflict Solution Methods” Symposium was organized within the scope of the 150th Anniversary Events of the Court of Cassation. The opening speeches were delivered by İsmail Rüştü Cirit, First President of the Court of Cassation; Ahmet Genç, Deputy Undersecretary of Treasury; and Can Akın Çağlar, President of the Insurance Association of Turkey.
During his speech; Can Akın Çağlar, President of the Insurance Association of Turkey, underlined the reasons of conflicts in traffic insurance and emphasized that the burden they create on the Court of Cassation could be eased through alternative solution methods such as arbitration or conciliation. Çağlar stated that conflicts resulted from disputes especially in traffic insurance; and said that lack of uniform practices in the calculation of compensation for disability and loss of support was the main reason why traffic insurance issues were carried to the jurisdiction. Çağlar added: “80 percent of conflicts in traffic insurance are brought to jurisdiction. 90 thousand files were issued to courts in this matter. We have made amendments to the General Conditions in 2015. However, additional amendment is required to establish a standard in the calculation of compensations.”
Çağlar added: “Our market’s purpose is to standardize the calculation method so that it can be paid as soon as possible, without causing unjust enrichment and fairly; and to ease the burden on the jurisdiction.”
Hazine Müsteşarlığı Müsteşar Yardımcısı Ahmet Genç, Deputy Undersecretary of Treasury, said that that regulation and audit were the two most important axes of the legislation. Genç stated that general conditions was the most visited part of legislation in practice, adding that the market required the general conditions to be simplified. He said that they were working towards simplifying it for the last seven years and added: “The courts render their verdict based on General Conditions. However, judicial authority had a justified request: to simplify the general conditions. Otherwise, it would be naturally tough to reach a verdict. Having liability insurance and its proper legislation are the prerequisites of becoming a developed country. First, liability legislation and then liability insurance must be developed further. We need to consider standardizing the calculation of compensations. Models like Boremo would help eliminate the uncertainties.”
İsmail Rüştü Cirit, First President of the Court of Cassation, began his speech by congratulating the 150th anniversary of the Court of Cassation, which is our country’s most rooted justice institution. He said: “Undertaking the role of enforcing the law in our country equally, consistently and securely, Court of Cassation acts as a guide for the operators by considering the principles of law in the liability insurance files issued to the court. The Court delivers fair solutions to legal gaps arising from the legislation.”