Obligation of the insurant to prevent-reduce loss and protect the recourse rights of the insurer (TCC A. 1448)

Rescue obligation of the insurant and obligation to protect the subrogation of rights, regulated in 1448th article of the Turkish Commercial Code numbered 6102, aim to prevent, reduce the loss risk and to protect the insurer's right of recourse. This obligation, regulated in 1293rd and 1378th articles of the Previous Turkish Commercial Code numbered 6762, was written in more detail in our new law. This article, which is the subject of our study, imposes the obligation of taking reasonable precautions to insurant when the risk takes place, or it is obvious to occur. In the first paragraph of the provision, there are regulations on taking rescue precautions. In the second paragraph of the provision, the results concluded to the failure to take rescue precautions were regulated and it was stated that sanction application depends on the fault of the insurant. In the third paragraph of the provision, it was regulated that covering the rescue costs is under the responsibility of the insurer and these costs will be discounted in case of under-insurance. Finally, in the last paragraph of the provision, one of the deficiencies of the old law text was corrected and it was written that the insurer is supposed to pay an amount of money advanced if the insurant demands.