Health law · Legal information

When Does the Physician Write the Loss Notice to the Insurer?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The physician writes the loss notice to the insurer as the document that goes to the insurer when the action paper, or the compensation request, arrives. The notice does not recount who the policy covers. The document that goes is the petition in the action that was served, the summons, and the request writing. An event or an amount that is not in the file is not built as a notice. There is no promise of payment in this text. A number of days is not written either.

This article answers the papers that go when the action paper arrives. To whom the policy is compulsory, and what the cover includes, are in the neighbouring record. That definition sits under compulsory insurance. The definition is not copied here.

The notice is not the definition of the policy

The policy carries the insured's name and the period. The notice is not a recounting of that policy again. The general conditions write that the risk will be treated as realised at the moment the insured learned that a compensation request was made to him. What is learned is the request. When the paper of the request arrives, what goes to the insurer is also that paper.

Who took out this insurance, with whom the premium stayed, and the route on which the patient applied directly, stand in the neighbouring record. The list of opponents is in the record against whom it is filed. The names of the items are in the record heads of compensation. A figure is not carried here from these three records. There is no premium amount and no cover limit in this text.

The request that was learned may also come before the petition in the action. If a request the patient, or his lawyer, wrote to the physician stands in hand, that paper is also the subject of the notification. If there is no writing yet, a word heard in the corridor is not turned into a request paper. If there is no paper, the notice is not built in order to recount an event that does not exist. If there is a paper, it goes together with the trace of service, or of taking by hand. If there is no trace, a trace is not invented.

The papers that go when the action paper arrives

The general conditions write that the insurer is informed in the face of a compensation request or a criminal prosecution, and that the notice, the summons, and similar documents taken in relation to this request are given to the insurer. Whichever of these the paper standing in the physician's hand is, that one goes. The service envelope of the petition, the hearing summons, and the request writing are named separately. If one exists, the other is not completed as if it existed.

Article 1446 of the Turkish Commercial Code writes that the situation is notified without delay after it is learned that the risk was realised. Article 1447 mentions the providing of the information and the document that are awaited in order to determine the scope. The two articles do not put a number of days. The number of the separate notification provision in the general conditions is not written into this text either. The number is read from the policy and the schedule.

If the notification not being made, or being made late, caused an increase in the amount to be paid, a reduction according to the weight of the fault may come onto the agenda. If the insurer had already learned of the risk in fact, he cannot benefit from this reduction provision. The sentence of reduction does not mean the notice gave rise to a payment. Payment is not the promise of this record. The rate of the reduction is not calculated on this page either.

The general conditions also write that the insurer is informed in the face of a criminal prosecution, and that the notice, the summons, and similar documents relating to this request are given. If a paper from the prosecution office or from the court has come into the physician's hand, that paper is named separately, without being put in the place of the petition in the action. If the paper has not come, a prosecution is not treated as opened. This text does not recount how the statement is given, or how the record is changed. What is recounted is that the paper that arrived is passed to the insurer.

The papers that were passed do not mean the insurer will join the action, or will undertake the payment. Joining and payment are understood from the insurer's own writing. If that writing is not yet there, the absence is not completed from the notice itself. The notice shows that the papers went. Their going does not cause the cover limit, or the premium, to be written on this page either.

An event that is not in the file is not written

The notice is the passing on of the paper that arrived. An intervention that is not in the file, a date that does not exist, or a harm that does not exist, is not added to the notice text. An invented account that is added is not the notice of this record. Which act the report wrote fault to is a separate reading. That reading stands in the record an expert report. The notice does not have that report rewritten, and it does not dictate a result to the expert.

The policy number is not written on top of the paper that arrived as a cover figure. If there is no number, a number is not invented. A notification window that stands separately in the schedule is not turned into a day in this paragraph.

What should stand in the notice text is the name of the paper in hand. Whether it is the petition in the action, the summons, a written compensation request, or criminal papers. If the file number is on the paper, that number is written. If it is not on it, the number is not added from memory. The account of the event is not carried outside the account in the petition. A sentence that is carried outside is not the notice of this record.

If the report stands in the annex, the report goes as well. Its going does not mean the report will be treated as absent, or will be rewritten. The report stands with whichever sentence it stands with in the file. The physician does not dictate a new result to the expert in the notice writing.

Another contract is not the same envelope

The general conditions write that, if there is another insurance contract relating to the subject of the insurance, this too is notified to the insurer. The notification does not carry the premium or the limit of that contract onto this page. What is notified is the existence of another policy. If the policy number is not in hand, a number is not invented. The existence is not assumed from a paper that does not exist either.

The hospital's own insurance is not the same as the physician's policy. A recourse sentence in the hospital contract is not the text of this notice either. The physician passes the action paper in his hand to his own insurer. What the hospital wrote to which company, if it does not stand in the physician's envelope, is not completed in this text. An envelope that is not completed does not do away with the physician's own notice either.

If there are two policies, the papers that go to each are read separately to the insurer of that policy. If one was notified, the other is not treated as notified. This separation does not choose which policy will pay. The choice and the limit are not on this page. There is no promise of payment either.

Even if the hospital wrote to its own insurer, this writing is not a notice made to the physician's policy. If the hospital's writing does not stand in the physician's hand, it is not recounted as if it did not stand. If it stands, it is not put in the place of the physician's own envelope. The physician builds the papers that go to his own insurer from the action paper in his hand. The papers that are built do not carry the hospital's internal recourse sentence. That sentence is in another contract.

The following are looked for in the notice writing. The name of the paper that arrived. The file number, if there is one. The trace of service or of taking by hand. The number, if the policy number is in hand. The existence of another contract, if it is in hand. What is not looked for is also clear. The cover limit, the premium amount, an event that is not in the file, and a new result asked of the expert. These four are not written. Their not being written does not mean the paper in hand will not be sent either. What is sent is the papers that arrived.

If, after the sending, the insurer asks for a missing document, what is asked is the paper that stands in the file. An observation that is not in the file is not built later in order to meet the request. An observation that is not built does not mean the notice was never made either. The notice that was made stands with the first papers that went. A later annex does not stand in for the first papers. The two are not turned into a promise that the payment arose either.

The insurer's writing of "your papers were received" is not a payment either. The writing of receipt is as much as it says which paper arrived. A petition that is not said to have arrived is not treated as having arrived. The physician puts the list that went and the list that was received side by side. An amount, or a limit, that is not on the list does not come out of the writing of receipt. A figure that does not come out is not written into this text either. A figure that is not written does not mean the notice is the definition of the policy. The notice is the passing on of the paper that arrived. The definition stands in the neighbouring record.

Where the notice papers are read from

Which of the action paper that arrived, the summons, and the request writing is in hand is separated. The definition of the policy is not copied in the place of the notice. A promise of payment, the premium, and a number of days are not written. The address in Çankaya does not change the centre of the insurance company. If another policy stands in hand, it is named separately as well. If it does not, it is not assumed.

Conclusion

The loss notice is the document that goes to the insurer when the action paper arrives. It is not the definition of the policy. The papers that go are the petition that was served, the summons, and the request writing. An event that is not in the file is not written. The period, the limit, and the payment are not in this text. The frame is on the health law page. The contact route is open for the paper that arrived. The basis is articles 1446 and 1447 of the Turkish Commercial Code, together with the notification provision in the general conditions.

Legislation

Frequently asked questions

Does the loss notice recount who the policy covers?

No. The definition of the policy is in a separate record. The notice is the document that goes to the insurer when a compensation request, or an action paper, is learned of.

When the petition in the action arrives, which paper goes to the insurer?

The service of the action paper that arrived, the hearing summons, and the notice relating to the compensation request go. An event that is not in the file is not written in the place of these papers.

Does the notice mean the insurer will pay?

It does not. The notice is the passing on of the papers. There is no promise of payment and no cover limit in this text.

If the notification is late, does the result fall to zero of itself?

The statute mentions a reduction, according to the weight of the fault, if the notification not being made, or being made late, leads to an increase in the amount. This sentence is not a number of days, and it does not promise a payment either.

Does this article put a period?

It does not. The notification provision in the general conditions is read from the policy and the schedule. A day and an amount are not carried here.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Health law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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