In this context, in the event of the occurrence of the risk, it is under two obligations…
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On İki Levha Yayıncılık
Release date: May 2025
Pages:: 285 - 288
Göker Tataroğlu
Editor:Nil İrem Saray Çelikkol, Ceyda Süral Efeçınar, Ümran Akcan, Samim Ünan, Sezer Ilgın
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3.Obligation to Carry Risk/Peril
In general, insurance contracts are contracts that impose obligations on both parties.…
i.Making payments for justified demands and,…
ii.Defending the insured against unlawful demands.Sayfa 286…
Of course, in order to be able to talk about these obligations, the risk in yacht…
In terms of time, the realisation of the risk and the possibility of claiming the…
However, in Turkish Law, the principle adopted under Article 1473 (1) of the TCC “With liability insurance, the insurer pays compensation to the injured party up to the amount stipulated in the insurance contract due to the liability of the insured arising from an event stipulated in the contract and occurring within the insurance period, even if the damage occurs later, unless otherwise stipulated in the contract…
However, according to some authors in the doctrine, even though Article 1473 of the…
In English Law, the principles adopted in relation to the time of occurrence of the…
“The liabilities in respect of which a member is insured by the club must have arisen by reason of the member’s interest in the ship, out…
However, in recent years, the trend in insurance policies has begun to shift from…
“One could say that any liability incurred during the policy period by the [insured] surveyors should be covered. That would have the result that claims might be brought home to roost months or years after the policy had expired. The insurer would have no way of determining within reason when their liability had ended, or what reserves ought to be made after they thought that they had paid all claims. A second method is that adopted in this case of providing that claims made during the year in question are covered by insurance . . . The third method would be to provide that a policy would only cover claims which were actually paid in the years of insurance . . . That would be a disaster, because it would mean that the insured would have to disclose on renewal if a claim was threatened. It does not seem very likely that he would then be able to renew his policy until the time came when the claim was actually paid…
As a result, the above-mentioned points within the scope of the obligation to bear…