Non-Admitted Insurance in Turkey

Posted in Corporate, M&A and securities

As a general rule, persons domiciled in Turkey must use insurance companies admitted in Turkey to cover their insurable interests in Turkey. However, the Insurance Law[1] (the “Law”) provides five exceptions to this general rule. Accordingly, the following types of insurance cover may be purchased from companies not admitted in Turkey:

  1. transportation insurance related to import and export activities;
  2. insurance for aircraft, ships or helicopters financed through foreign loans, limited to the loan amount and valid throughout the term of the loan, or, if brought to Turkey through financial leasing, limited to the term of the financial lease;
  3. liability insurance for risks arising from the operation of ships;
  4. life insurance; and
  5. personal accident, sickness, health and motor vehicle insurance valid only for the time period during which a Turkish resident will be temporarily abroad.

The Law grants the President (previously the Council of Ministers) the power to add other exceptions to the five mentioned above. Previously, the Council of Ministers had added the following two additional exceptions to the list:

  • insurance purchased for ships and yachts registered with the Turkish International Ship Registry; and
  • insurance for clinical pharmaceutical research as required by the Ministry of Health.

Other than these seven exceptions, non-admitted insurances cannot be used to insure any insurable interest in Turkey.

 

[1] Sigortacılık Kanunu, Law no. 5684 on insurance published in the Official Gazette dated June 14, 2007, and numbered 26552.

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