Evaluations Regarding the Risk Occasioned By Gross Negligence

Res.  Asst. Zehra Avcı*

The Turkish Commercial Code regulates the consequences of the insured or the beneficiary or the people whom the insured or the beneficiary is legally responsible for their actions being at fault in the risk’s occasion. Article 1429/1 of the TCC stipulates that the insurer shall be liable for the damages arising from the negligence of the policyholder, the insured, the beneficiary or the persons for whose acts they are legally responsible unless otherwise stated in the contract. Under the TCC, sanctions are determined if the policyholder, the insured or the persons legally responsible for their actions intentionally cause the occurrence of the risk, but negligence is left within insurance protection. However, in practice and in the general terms and conditions of some types of insurance, situations that make up an example of gross negligence specifically provide a reason for deduction from the insurance amount or the insurer’s right of recourse from the insured.

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Key words: Risk occasioned by negligence, Insurance indemnity, Insurance value, Gross negligence

* Ankara Yıldırım Beyazıt University Law School, Deparment of Commercial Law