Page 16 - Turkinsurance Digital Magazine
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     pant with BES purchases health insur-  The Bill, which includes the amendment  DK, the regulatory agency of the sector,
     ance, we expect  an  additional  incentive  in the Traffic Law, was passed in the  has yielded results. Proposal to Amend
     to be offered in addition to the existing  General  Assembly  of  the  Grand  Nation-  the Laws Regarding Insurance, which
     advantages for these two products.  These  al Assembly of Turkey and became a law.  includes determined, of the criteria re-
     additional incentives, which are expected  How do you interpret this development in  garding the compensation payment pro-
     to be offered, will increase the attractive-  the field of traffic and its benefits to the  cedures and principles in the "compulsory
     ness of insurance products such as life,  sector?                           financial liability insurance" within the
     health, and education together with the                                     framework of the Highway Traffic Law,
     individual pension contract.          Before  2015,  the  non-standardization  and the reorganization of the issues out-
                                           of  compensation  calculation  methods  side the scope of the compulsory liabili-
     Innovations were also made about fund  in compulsory traffic insurance caused  ty insurance, was dated June 09, 2021,
     changes in BES. What are the reasons  problems in practice and caused the right  accepted at the General Assembly of the
     for this step and what are the benefits  holders to suffer.                 Grand National Assembly of Turkey and
     for the participants?                                                       became a law on 6/9/2021.
                                               “Robotic applications,
     It was stated that thanks to the proactive                                  As stated in the Decision of the Consti-
     approach of our sector, our participants    which have gained               tutional Court, the criteria regarding the
     increased the use of their right to change   popularity recently, and       calculation procedures and principles of
     the distribution of funds, and regulation                                   compensations within the scope of traf-
     was requested from the authority in this   artificial intelligence          fic  insurance  have  been  determined  by
     regard. With the change in the Regula-     applications offered             law, and thus, an important step has been
     tion made last May, which increased the                                     taken in terms of standardization in com-
     participants' right to change fund distri-  by other digital fund           pensation payment. In addition, the situ-
     bution from 6 to 12, it provides the par-  management platforms will        ations that are not covered by the policy
     ticipants  with  the  opportunity  to  make                                 have also become regulated. Following
     more efficient fund management by using   be more preferred after new       the enactment of the draft law, the limit
     the robotic applications that have gained       regulations”                of compensation to be paid both in pecu-
     popularity recently and artificial intelli-                                 niary and bodily indemnities will be clear-
     gence applications offered by other dig-                                    ly revealed after the SEDDK re-issues
     ital fund management platforms more  In 2016, with the amendments made in  the compulsory traffic insurance general
     effectively.                          articles 90, 92, 97, and 99 of the High-  conditions  within  the  framework  of  the
                                           way Traffic Law No. 2918 and clarifica-  articles of this Law. In this way, a pre-
     According to the relevant funding reg-  tion of unclear matters, and finally with  dictable environment will be provided for
     ulation, companies will also be required  the changes made in the general condi-  both the right holders, the judiciary, and
     to present all funds to the participants.  tions in March 2020, in the last-men-  the insurance companies, and the same
     How should this step be interpreted by  tioned branch, both the citizens and the  compensation amount will be reached
     system participants?                  industry grievances were minimized.   for each applicant, regardless of whether
                                                                                 they go to court or not.
     Within the scope of offering pension  However, the Constitutional Court's an-
     mutual funds from a common platform  nulment of some provisions of Article  A Special Risks Management Center
     thanks  to  BEFAS,  participants  will  be  90 of the Highway Traffic Law, which is  was established to insure areas that
     able to benefit from the fund options of-  the basis for determining the calculation  cannot be insured or that are difficult
     fered not only by the company with which  procedures and principles of compulsory  to do. What were the reasons for need-
     the BES contracts are held but also by  traffic insurance compensations, and Ar-  ing this step? Can you summarize for
     all other pension companies. In this way,  ticle 92, which regulates the cases out-  our readers?
     all participants will have the opportunity  side the coverage, and the decisions of the
     to trade in the funds of their choice, and  Council of State regarding the regulations  "The  Law  on  Making  Amendments  in
     they will be able to invest their savings  regarding the compensation calculation  Laws on Insurance and Some Other Fields
     in the fund they want in parallel with the  methods in the traffic insurance general  and a Decree with the Force of Law"
     developments in the market.           conditions have increased the uncertainty  published in the Official Gazette dated
                                           for both the sector and the victims.     May 25, 2021, and numbered 31491, by
     The transition date of our sector to the                                    amending  Article  33/A  of  the  Insurance
     said platform has been determined as of  In order to eliminate this uncertainty and  Law  No.  5684.  Private  Risks  Manage-
     July 1, 2021, and it is aimed to success-  to ensure standardization in compulsory  ment Center with legal personality was
     fully transition to the platform after an  traffic insurance compensation calcula-  established to provide coverage for risks
     intense working period by our sector.  tions, the work carried out with the SED-  that are in the public interest to be in-
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