Abstract:

Liability insurance is included in the Turkish Commercial Code in the section of property insurance. However, since liability insurance is related to passive assets, all of the provisions regarding property insurance is not applicable to liability insurance. For instance, while the provisions concerning under insurance and over insurance are not applicable, the provisions concerning double insurance can be implemented. Similarly, in liability insurance, the insurer who compensated the injured party for damage does not have right of recourse to the policy holder under Art. 1303 of Turkish Commercial Code. On the other hand, by comparison of Art. 1301 of Turkish Commercial Code, the insurer must be considered to have the right of recourse to third parties who are jointly liable with the policy holder due to the same damage

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