Coinsurance and its practice in Turkey

If the similar interest insured is insured by more than one insurer, there is more than one insurance. Multiple insurances are regulated in articles 1465 and onwards of the Turkish Commercial Code No. 6102. When the provisions regulated under multiple insurance subheadings are examined, it is seen that joint insurance, double insurance and partial insurance are determined as multiple insurance types. In the joint insurance, which is the subject of our study and regulated in Article 1466 of the Law, more than one insurer against the insurant bears the risk by acting jointly by assuming a certain part or a certain percentage of each insurance amount. In practice, joint insurance is applied in areas where the risk accumulation is high and where the risk is not desired to be carried by a single insurer. In joint insurance, it is aimed not to deteriorate the equality between the insurance value and the insurance value, with the principle of prohibition of enrichment stipulated in loss insurances. In joint insurance, although partial liability is essential, it is possible for the insurers to be jointly and severally liable with a clause to be included in the contract. With the decision on this issue, the responsibilities of the insurers in internal and external relations will become clear. While explaining the joint insurance institution, there is an absolute benefit to mention other multiple insurance situations. In our study, Turkish law was examined by giving place to similar regulations in comparative law at the point it came into contact with.