Transport, Cargo, Marine and Aviation Insurance
In cargo, carrier liability, warehouse, logistics, hull, P&I, and aviation hull and liability insurance, the transport document, delivery, the moment of loss, packaging, stowage, route, delay, general average, salvage and international conventions matter.
In these files, the legal capacities of the carrier, shipper, consignee, warehouse operator, port, agent, insurer, reinsurer and other responsible parties are distinguished. The insurer’s subrogation document, the transport contract, the bill of lading or CMR document, the loss report, the survey report, the protest and the time limits are assessed together.
Related practice area: Road and Air Transport Law, Logistics and Transport Litigation
Financial Insurance, Trade Receivables and Surety Insurance
In trade receivables, credit, surety, building completion, single-risk, cyber and other financial insurance, the event that gives rise to coverage, the debtor’s default or insolvency, the credit limit, notification, collection, loss mitigation and the insurer’s subrogation matter.
In this scope, the consistency of the policy with the financing contracts, the distinction between a letter of guarantee and surety insurance, the receivables portfolio, limit decisions, management of overdue receivables, loss calculation, recourse and collection processes are addressed.
Corporate Legal Services for Insurance and Reinsurance Companies
Our scope of services for insurance and reinsurance companies and organizations operating in the sector:
- Legal review of incorporation, license, new line of business and share transfer transactions
- Company mergers, acquisitions, portfolio transfers and restructuring
- Compliance with the regulations and board decisions of the Insurance and Private Pension Regulation and Supervision Agency (SEDDK)
- Corporate governance, internal systems, outsourcing and information security
- Legal review of insurance products, policies, and general and special conditions
- Distance sales, information duties, consumer transactions and distribution channels
- Agent, broker, bank, assistance and service provider contracts
- Claims management, complaints, fraud investigation and personal data processes
- Insurance arbitration, mediation, litigation and management of mass files
- Recourse portfolios and collection processes
- Administrative review, defense, sanctions and administrative litigation
- Intra-group international transactions and reinsurance programs
A conflict-of-interest check is carried out between the corporate services provided to an insurance company and the representation provided to an insured or injured party; we do not act for conflicting parties in the same dispute.
Reinsurance Contracts and Reinsurance Disputes
Reinsurance is a separate contractual relationship in which the insurer transfers to the reinsurer the part of the risk it has assumed that is specified in the contract. As a rule, a policyholder or injured party cannot direct a claim at the reinsurer directly merely because a reinsurance agreement exists. Whether there is a direct claim is examined separately, depending on whether there is a contract provision, a special regulation or a specific legal structure.
Our work in reinsurance:
- Proportional and non-proportional reinsurance programs
- Quota share, surplus, excess of loss and catastrophe excess of loss agreements
- Facultative reinsurance and compulsory treaty relationships
- Retrocession, coinsurance, fronting and pool structures
- Placement, slip, cover note, bordereau and account reconciliation
- Transfer of risk and premium, commission and profit commission
- Provisions on loss notification, cooperation, claims control and monitoring of settlements
- Interpretation of the “follow the fortunes” and “follow the settlements” provisions in the context of the specific contract
- Treating several years or events as a single loss, and loss aggregation
- Outstanding claims, IBNR, collateral, set-off and netting disputes
- The reinsurer’s objections, late notice and coverage disputes
- Governing law, jurisdiction, seat of arbitration and enforcement of foreign judgments
- Reinsurance arbitration, litigation and settlement negotiations
In reinsurance contracts, the meaning of international market terms is assessed together with the chosen law and industry practice. The Turkish equivalent of the concepts in an English contract text may not be sufficient on its own; the function of the provision within the contract as a whole is decisive.
International Insurance and Reinsurance Disputes
In international files, the geographic scope of the policy, the country where the insured or the risk is located, compulsory insurance rules, the governing law, the competent court or arbitration, foreign currency, sanctions and the recognition or enforcement of a foreign judgment are examined.
In this scope:
- A foreign insurer’s liability for losses or compensation in Türkiye
- A Turkish insurer’s overseas risks
- Multinational insurance programs and local policies
- The difference and gaps between the master policy and the local policy
- The Green Card and international traffic losses
- Marine, aviation, transport and energy insurance
- International reinsurance and retrocession
- Policies, appraiser reports and health documents in a foreign language
- International arbitration and foreign arbitral awards
- Recognition and enforcement of foreign court judgments in Türkiye
are addressed.
The Contract Chain in a Reinsurance File
The original policy, the reinsurance contract, the annexes, the loss notifications and the payment records are addressed together. The aggregation of losses arising from the same event, the sharing of the loss, exclusions, following the settlement and the scope of the arbitration clause are assessed separately. That the policyholder may direct a claim at the reinsurer directly cannot be inferred from the existence of the reinsurance alone.
Coordination in cross-border transactions
The governing law, jurisdiction, seat of arbitration, language and enforcement of the decision are determined at the outset. Local representation outside Türkiye is carried out by an attorney authorized in the relevant country. The selection of the attorney or partner, discussions on behalf of the client, the scope of duties, document flow, monitoring, reporting and fees are decided separately.