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GÜNEŞ & GÜNEŞ LAW FIRM

Insurance and Reinsurance

Legal support for insurance and reinsurance companies, agencies and brokers, and for insureds and rights holders.

From policies and coverage to claims and recourse; contracts, regulatory compliance and dispute follow-up.

Hands protecting a house and a car; an image representing insurance protection.

OUR APPROACH TO THE SECTOR

We consider risk, coverage and liability together.

In an insurance relationship, legal needs arise at different stages, from drafting a policy to reviewing a claim and resolving a dispute. The scope of the contract, the parties' obligations, notices and the records of the event are parts of the same file.

As Güneş & Güneş Law Firm, based in Antalya, we provide advisory, contract review and dispute follow-up for insurance and reinsurance relationships across Türkiye. The scope of service is set after the applicant's position and the nature of the file are determined.

Insurance and reinsurance companies

Policy and reinsurance contracts, distribution relationships, regulatory obligations, and claims and recourse files.

Agencies and brokers

Agency agreements, authority and liability, commissions, premium collection, termination and customer relationships.

Insureds and rights holders

Coverage assessment for companies and individuals, claim applications, and disputes over underpayment and denial.

LEGAL WORK AREAS

From the contract to the claim file.

We shape legal support according to the type of policy, the structure of the activity and the basis of the request. From residential and vehicle coverage to commercial assets and liability and transport risks, the relevant coverages are reviewed on their own terms.

01 / POLICY

Policy and coverage review

General and special conditions, supplementary documents, coverage limits, deductibles and excluded circumstances are assessed. Pre-contract disclosure, declarations, and renewal and amendment records are reviewed together.

Review the scope of insurance law

02 / CLAIMS

Claims and compensation requests

Claim notice, expert report, loss documents, the insurer's response and payment records are addressed. Grounds for denial or underpayment, and the items that may be claimed, are assessed according to the file.

Compensation Law

03 / LIABILITY

Liability and recourse

Claims of professional, product, employer and third-party liability are examined in connection with the event, fault, loss and coverage. The legal basis of recourse claims to be directed at responsible persons after payment is assessed.

Review liability relationships

04 / AGENCY

Agency and broker relationships

Agency, distribution and cooperation agreements are addressed in terms of authority, commissions, premium collection and duties to inform. The end of the contract and settlement disputes are examined separately.

Contract Law

05 / COMPLIANCE

Regulatory compliance and operations

Permits and obligations relating to the business model, correspondence with regulatory authorities, complaint management and service provider agreements are assessed legally. Personal data and health data processing is also addressed.

Protection of personal data

06 / CORPORATE TRANSACTIONS

Investment, transfer and cooperation

Legal due diligence and contract negotiation are carried out in share and portfolio transfers, investments, partnerships and distribution network transactions. The permits required by the transaction, existing obligations and closing conditions are determined.

Commercial Law

A policy's name alone does not determine its scope. Coverage assessment is made by reviewing the contract and its annexes, the applicable rules, the way the event occurred and the notice records together.

REINSURANCE AND CROSS-BORDER RELATIONSHIPS

The contractual dimension of risk sharing.

We address the reinsurance relationship through the scope of risk transfer, the sharing of losses, notice obligations and dispute resolution provisions.

Transactions under Turkish law and matters requiring foreign law are kept separate. Where necessary, the need for coordination with competent legal advisers in the relevant country is determined.

Arbitration Law

Contract structure and risk transfer

Facultative or treaty reinsurance structures, proportional or excess-of-loss sharing, scope, limits and exceptions are reviewed. The link between the primary policy and the reinsurance contract is determined.

Claims management and settlement

Notice, claims control and cooperation provisions are assessed together with payment, document sharing and settlement records. The parties' obligations are separated according to the contract text.

Applicable law and disputes

Jurisdiction, arbitration, contract language, cross-border notice and the enforcement of decisions are reviewed. Reinsurance arbitration and an application to the Insurance Arbitration Commission (Sigorta Tahkim Komisyonu) are not treated as the same route.

ONGOING ADVISORY AND DISPUTE FOLLOW-UP

Whether the business is operating or a dispute has arisen.

Preventive work and the follow-up of a dispute that has already arisen are separate needs. The work to be carried out together, the responsibilities and the communication arrangements are clarified in the service agreement.

Legal support in day-to-day operations

  • Periodic review of policy, agency and service agreements.
  • Review of renewal, notice and contractual obligation schedules.
  • Assessment of employee, supplier, outsourcing and digital distribution relationships.
  • Legal preparation concerning complaints, data processing and regulatory correspondence.

Determining the route in a dispute

  • Determining the claim, the opposing party and the preconditions for an application.
  • Assessment of notices, time limits and the need for evidence on the basis of the file.
  • Where appropriate, negotiation, mediation, insurance arbitration, litigation or enforcement proceedings.
  • Review of objections, legal remedies and options for enforcing the decision.

Legal services do not replace expert assessment, actuarial calculation, engineering or financial audit. The necessary expert reviews and separate engagements are determined at the start of the work. Ongoing advisory does not mean that all lawsuits and transactions are covered without limit for a single fee.

OUR WORKING PROCESS

Work that begins with the whole file.

The policy or contract text, the timeline of the event and the basis of the request are reviewed together. Priority actions and the information expected from you are clearly identified at the outset.

  1. Request and eligibility

    The applicant's position, the parties, the subject of the dispute or transaction, and the known dates are established. Conflict of interest and eligibility to take on the matter are assessed.

  2. Legal assessment

    The policy, endorsements, notices, expert reports and correspondence are reviewed together. Missing documents, time-sensitive steps and possible legal routes are identified.

  3. Scope and acceptance of the matter

    The service, fees, expenses, authorization and mutual obligations are clarified. Once the necessary agreements and documents are completed, acceptance of the matter is separately notified.

  4. Follow-up and information

    The agreed steps are carried out. Developments in the file, options and matters requiring a decision are shared through the agreed communication arrangement.

A consultation request or the sharing of documents alone does not mean that an attorney–client relationship has been established, that the matter has been accepted, or that the monitoring of time limits has been undertaken.

PREPARING FOR A CONSULTATION

A short summary first, then the necessary documents.

In first contact, it is sufficient to share the subject and a list of the documents you have. The documents needed and a secure transmission channel are determined separately according to the nature of the file.

State at first contact

  1. Your position in the matter as insured, rights holder, company, agency or broker.
  2. The type of policy or contract and a brief summary of your request.
  3. Dates of the event, notice, denial, payment, formal notification or hearing, if any.
  4. Basic information on the opposing party, the claim file and any existing applications.
  5. Your preferred method of consultation, language, and the country or city where you are located.

May be needed for the assessment

  • Policy, general and special conditions, and endorsements.
  • Claim notice, application and delivery records.
  • Expert report, photographs, official report, invoices and loss documents.
  • Denial or payment letter, release document, and correspondence between the parties.
  • Reinsurance or agency agreement, its annexes and settlement records.

Do not upload documents containing health data or trade secrets to publicly accessible areas before the method of sharing has been determined.

If there is a time-sensitive matter, state it at first contact. For urgent matters, call +90 531 883 33 88 (our main line). The response time to a request does not mean that statutory or contractual time limits can be deferred.

FREQUENTLY ASKED QUESTIONS

Before you apply.

The headings that shape the first decision in an insurance and reinsurance relationship.

Let us assess your matter in a consultation

The insurance company denied my claim. What is reviewed first?

The grounds for denial, the policy and its annexes, the way the event occurred, the application documents and the notice dates are reviewed together. Disputes over missing documents, coverage scope or the amount of loss are separated from one another. The course of action and time limits are determined according to the specific file.

Does having a policy mean that every loss will be covered?

No. Which risks are covered, limits, deductibles, excluded circumstances and the conditions of the event are assessed. The general and special conditions and any supplementary documents issued later must be read together. Coverage cannot be determined by looking only at the product name.

Can every dispute be taken to the Insurance Arbitration Commission?

No. The type of dispute, prior application to the insurer, response or waiting conditions, and the admissibility requirements of the system are checked. The conditions that apply may differ for voluntary and compulsory insurance. Other applications and litigation processes on the same subject are also considered.

Current application documents of the Commission (opens in a new tab)

Which provisions take priority in a reinsurance contract?

The scope of risk transfer, limits, exceptions, notice, claims management and payment provisions are the main areas of review. The link to the primary policy, the governing law and the dispute resolution clause are assessed together. The insured's policy relationship and the insurer–reinsurer relationship are treated separately.

What is reviewed when an agency or broker agreement ends?

Termination and notice conditions, existing files, commission and premium accounts, transfer of information and documents, and confidentiality obligations are reviewed. The parties' actual working practices, the contract provisions and the applicable regulations are assessed together.

Can business interruption or loss of profit be assessed separately?

For such claims, whether the relevant coverage exists, the event that triggers the coverage, the waiting period, limits and documentation of the loss are reviewed. The existence of physical damage does not in every case mean that business interruption or loss of profit is covered. The need for technical and financial review is determined separately.

Can our company obtain ongoing legal advisory?

The scope of ongoing legal advisory can be determined by assessing the business model, contract volume, distribution structure and file needs. The scope and fees for regular legal advisory, special transactions and separate dispute follow-up are explained in the agreement.

Can we consult from outside Türkiye?

Consultations can be held in person at the office, or online via Zoom or WhatsApp. Communication is available in Turkish, English, German and Russian. For an international appointment, the city where you are located and Türkiye time are arranged together. Work requiring local representation under foreign law is assessed separately.

CONSULTATION AND CONTACT

Let us assess the legal dimension of your insurance relationship together.

Please briefly share your matter, your position in the application and any time-limited steps. We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

This response time is not a delivery deadline for a detailed legal opinion, nor a commitment to provide free consultation.

Information and documents you share in the initial assessment are handled for legal assessment purposes within the framework of confidentiality and personal data protection principles. The appropriate sharing channel for sensitive documents is determined separately. Confidentiality and information security

This page is for general information only. The rules that apply in a specific case and the course of action are assessed separately on the basis of documents. The first communication, a consultation request or the sharing of documents alone does not mean that a matter has been accepted.