HAYAT SİGORTALARINDA DOKTOR İNCELEMESİ

It is significant to determine correct information relevant to health condition of the person to be insured with the purpose of identifying risk subject to insurance contract in life insurances. In practice, such information is obtained by answering the questionnaires. On the other hand, it may not always be possible for the insurant to accurately and completely reflect such information to the insurer, since knowledge on health issues requires expertise, In practice, it is seen that parties agree that person to be insured will be examined by a physician in case there is remarkable condition in the answers to health surveys or the insurance amount is high. The sole provision relevant to physician examination is in Article 1492 of TCC. According to the Article, “In spite of an agreement between the policyholder and the insurer providing that the person, on whose life insurance is to be taken out, shall sustain a medical doctor’s examination, the insurer cannot force that person to undergo this examination”. In the preamble of the provision, it is emphasized that this arrangement protects personal rights. In this study, it is aimed to determine the purpose and the scope of the provision relevant to physician information considering protection of personal rights, evaluation of liabilities of parties relevant to physician examination concept and legal consequences on the refusal of physician examination.