a.Condition of Reasonableness
The condition of reasonableness has been regulated under Article 1448 of the TCC…
• the examination of the insurance expert at the scene,…
• actuarial calculations to be made,…
• investigation of the cause of the occurrence of the risk,…
• expenses to be incurred for the assessment of whether it is possible to avoid the…
are, in our opinion, expenses that may be considered within the scope of the reasonableness…
On the other hand, the reasonableness of the expenses incurred is generally determined…
“…the expert appointed by the insured requesting an expertise fee from the insurance company even by obtaining an assignment from the insured is incompatible with the rules of good faith and the independence and impartiality of the expert, in this way, the expert cannot apply to the insurance company as a beneficiary of the insurance contract, since the plaintiff is not a merchant and there is no contractual relationship between the parties, the documents issued by the plaintiff are not binding in terms of the defendant ..., there is no need to determine a reasonable expertise fee since the request is not considered reasonable in terms of hostility……
the decision rendered by the Dispute Arbitration Committee was upheld by the Court…
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