Insurance litigation—Turkey—Q&A guide
Insurance litigation—Turkey—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Turkey—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Gün + Partners—Pelin Baysal; Ilgaz Önder

1. In what fora are insurance disputes litigated?

In the Turkish judicial system, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. If a province has no specialised court or any other regular commercial court, disputes are heard by the general competent court, namely a civil court of first instance.

The Code of Civil Procedure provides the claimant with a number of alternative courts with jurisdiction for insurance disputes, including the commercial courts at the domicile of the defendant, and the place of immovable property or risk that is claimed to have triggered the insurance coverage. The Code on Private International Law and International Civil Procedure No. 5718 has designated specific jurisdictions for the cases arising from insurance contract disputes including foreign elements, and clearly states that they cannot be contracted otherwise by the parties. Article 46 of the Code on Private International Law and International Civil Procedure No. 5718 provides that the relevant jurisdictional rules shall prevail:

The court where the insurer's headquarters, or its

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