Özet:

In terms of the traffic insurance, which is the most common obligatory insurance in our country and also the most common liability insurance, the significant changes made in the general conditions of insurance, which are part of the law or insurance contract in recent years, have also affected the scope of the liability of the insurer against the damaged. Finally, the Law on the Monthly Connectivity of Needs, Weak and Personless Turkish Citizens (Law on Amendments to Certain Legislative and Legislative Provisions) (Law Number: 6704, Admission Date: 14.4.2016, RG 26.4.2016/29695) and Road Traffic Act (Law Number: 2918, Admission Date: 13.10.1983, RG 18.10.2015) 1983/18195) (KTK) some articles have been amended and in parallel with this, in 2016 the General Conditions of Compulsory Financial Liability Insurance for Highway Motor Vehicles have been amended. After this change, it has become unclear whether the insurer is responsible for the damage caused by temporary unemployment. The General Conditions of Traffic Insurance (TSGŞ) contains the types of insurance that fall within the coverage of the insurance company. It is unclear whether temporary unemployment losses are covered by insurance insurance. So, insurance companies could claim that temporary unemployment losses were not covered by the guarantee. In our work, this problem has been studied. First of all, the concept of temporary unemployment was tried to be revealed in the light of the judgments of the court. The general condition ruling that later caused uncertainty about whether temporary unemployment damages were covered by the guarantee was discussed. It is also referred to a recent Resolution of the Anti-Arbitration Committee, which assessed this matter, and discussed whether temporary unemployment damages were included in the coverage of the guarantee. In the obligatory insurance regulated by special law, the circumstances specified that may be left outside the coverage of the insurance under the law, with explicit exception in the General Conditions, may be excluded from the coverage of the obligation of the insurer. In addition, the exemption clusters must be clear, clear and clear. In other words, it is not possible that these damages are excluded from the coverage of the insurance policy. There is no reason to limit the obligatory traffic insurance to permanent disability conditions. Having all these facts taken into account, the conclusion should be made that temporary unemployment damages are the liability of the insurer within the framework of the compulsory traffic insurance guarantee.

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