COMPULSORY EARTHQUAKE INSURANCE IN LIGHT OF SUPREME COURT DECISIONS

Abstract

Compulsory Earthquake Insurance (CEI) is an important legal regulation that aims to protect individuals and society financially by providing insurance coverage for material losses caused by earthquakes. In a geography with a high earthquake risk such as Turkey, the functionality and implementation process of CEI are of great importance. In this study, the legal nature of CEI, the rights and obligations of the parties and the compensation principles are discussed, and the implementation of the relevant legislation in Turkey is evaluated in the light of the decisions of the Supreme Court of Appeals. In addition, a comparative analysis of CEI with international insurance systems is made and the problems encountered in practice are discussed. The study aims to offer solution suggestions for the legal gaps and problems encountered in practice regarding CEI. The effects of the Court of Appeals decisions on CEI applications are analyzed and suggestions are developed for the establishment of a fair and balanced insurance structure for both the insured and the insurers. In this context, a comprehensive assessment has been made regarding the current legal structure of CEI and the elimination of implementation problems.