Evidence issues in insurance arbitration

Taking the ombudsman system, which is an international practice, as an example, the insurance arbitration system was introduced into Turkish law. Insurance arbitration; a way in which the insured person or the person who benefits from the insurance contract can apply against the insurance company or the Assurance Account in accordance with Article 30 of the Insurance Law for the settlement of a dispute arising from the insurance law. In this context, the application to the Commission is optional for the applicant party. In the first part of our study, which consists of three parts, the resolution methods of disputes arising from insurance law will be briefly mentioned and the Insurance Arbitration Commission will be introduced. In the second part of our study, the features of insurance arbitration will be explained in terms of basic proof institutions. In this framework, general information will be given about the burdens of proof, the extent of proof and types of proof in insurance arbitration, and the decisions made regarding the law of proof in insurance arbitration will be emphasized. In the third part of our study, the features of insurance arbitration will be explained in terms of evidence. With the Insurance Law, it is regulated that the arbitrators will decide only on the documents submitted to them. Within the framework of this provision; The legal consequences of applying to the Insurance Arbitration Commission with missing documents, the evidence that can be applied in insurance arbitration, the regulation by which the health board report should be obtained in terms of disputes with claims for compensation arising from bodily harm, and the evidential nature of this report will be discussed.