law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in insurance sector

for companies :

for persons :

Insurance Sector is an important sector included in the scope after new consumer law no. 6501, which is still discussed for its scope within the consumer law. On the other hand, many lawsuits brought against insurance companies are director to consumer courts in practice and it is likely that its elements concerning the consumer law will come to the fore and be discussed in time. Regarded only as a sub-branch of commercial law before the law no. 6502, the insurance law was largely transferred from commercial law to consumer law. Naturally, all conflicts experienced between insurance companies and consumers will be resolved at consumer courts based on the basic principles and dynamics of consumer law.

 

tokbaş & partners provides consumer law service to insurance companies, agencies and intermediary institutions as well as to other companies and persons engaged in the insurance sector thanks to its command of consumer law in the insurance sector. These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows:  

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in insurance sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft insurance agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft insurance sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new insurance sector practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the insurance sector

10.   Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to insurance sector

 

 

Process Consultancy Services:

 

1.       Monitor insurance agreements and express opinions on contractual discrepancies

2.       Monitor insurance sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Provide mediation-reconciliation services between the company and consumers

8.      Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.    Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.     Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

 

Official Attorneyship Services:

 

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of company's debts and receivables

 

 

 

 

1.       Follow-up of lawsuits arising from insurance agreements and practices

2.       Claims against insurance companies for monetary and spiritual damages arising from damage to life and property

3.       Follow-up lawsuits arising from the demand for the right of withdrawal

4.       Follow-up of lawsuits arising from defective - incomplete insurance services

5.       Claims for damages arising from acts in breach of competition law in the insurance sector

6.       Claims for damages arising from manipulative ads and unfair commercial practices in the insurance sector