Incorporation of Standard Risk Exclusion Clauses into Insurance Contract (A Comparative Analysis with the Provisions of PEICL and Turkish Law)
Loading...
Files
Date
2022
Authors
Açıkel, Aslıhan Erbaş
Journal Title
Journal ISSN
Volume Title
Publisher
Istanbul University Press
Abstract
The construction of the insurance coverage as set out in the standard insurance terms can furnish complexities for the policyholder to grasp the scope of the risks covered. If the insurer does not provide full information about the risks covered and excluded before the conclusion of the insurance contract, the policyholder may find out at a later stage that the event that occurred was not covered by the policy. In such cases, the policyholder may claim that those risk exclusions are not valid under Article 1423 of the Turkish Commercial Code, which bestows upon the insurer a duty to inform before the conclusion of the contract. In order to determine the validity of the incorporation of standard risk exclusion clauses in an insurance contract and their interplay with the provisions of the Turkish Code of Obligations, the validity of boilerplate clauses must be analysed within the frame of the so-called operability test. © 2022 Istanbul University Press. All Rights Reserved.
Description
Keywords
Duty to Inform, Incorporation of Standard Insurance Terms, Policyholder's Right of Objection, Surprising Terms, The Duty of Advice
Turkish CoHE Thesis Center URL
Citation
0
WoS Q
N/A
Scopus Q
Q4
Source
Annales de la Faculte de Droit d'Istanbul
Volume
Issue
71
Start Page
63
End Page
97