P&I Kulübe (Koruma ve Tazmin Sigortacısına) Karşı Doğrudan Dava Hakkı

Direct Right of Action Against the P&I Club (Protection and Indemnity Insurer)

The article examines the nature of P&I insurance and the direct action right of claimants against P&I club insurers. P&I (Protection and Indemnity) is a type of insurance covering the liabilities of shipowners to third parties. Under Turkish law, liability insurance generally grants claimants a direct right to sue the insurer (Article 1478 of the Turkish Commercial Code). However, the common “pay to be paid” rule in P&I insurance limits this right. The author argues that P&I insurance qualifies as mandatory liability insurance, making the “pay to be paid” rule invalid under Turkish law.…

Key Words: P&I Insurance, Direct Action Right, Liability Insurance, Pay to be Paid Rule, Mandatory Liability Insurance.…