The Covid-19 which is arise in Wuhan, China, continues to pose a risk to humanity. The pandemic covid-19, which has resonated around the world, has alarmed many countries for a long time. In addition, the importance taken in the world states and the remedies considered are inadequate; it causes great destruction both economically, socially and psychologically.
Corona virus is expanding its influence in our lives every day. The epidemic has spread to many areas such as economy, health, sports, education, culture, tourism. Due to this epidemic, uncertainties and issues that need to be discussed have arisen in many areas. One of the areas where these uncertainties are experienced is the Insurance sector. Some insurance policies were excluded after the virus was described as an epidemic by the state.
The fate of insurance policies; It is a question of whether Private Health Insurance can be used in the treatment of Covid-19 virus, whether it is possible to refund the premiums invested for Travel Insurance, what will be the Travel Policies for the travel tours that have already been taken and what life insurances made by citizens will be. In this article, the effects of the pandemic covid-19 on the insurance policies signed by the parties will be explained and examined.
THE PRICE WHICH IS PAID IN PACKAGE TOUR; MUST BE RETURNED WITHOUT DEDUCTION.
Consumers cancel domestic and international travel programs due to the Covid-19 pandemic. In this case, the refund of the insurance fees paid within the scope of package tours is raised.
The ‘Package Tour Contracts Regulation’ issued within the scope of the Law no. 6502 on Consumer Protection, which came into force on 28.05.2014, was published in the Official Gazette no. 29236 on 14.01.2015. Due to the Covid-19 pandemic, this regulation will be applied in any disputes that arise regarding the cancellation of package tours.
Termination of the Package Tour Agreement; Section 16 of the Package Tour Contracts Regulation. It is regulated in the article. Section 16 of this regulation. According to the article; The participant may unilaterally terminate the contract provided that the request for termination is notifyed in writing to the package tour organizer or agent.
Notices of termination made less than thirty days before the start of the package tour may be deducted at a certain amount or rate, provided that it is specified in the package tour contract. However, if the participant declares termination less than thirty days before the start of the package tour due to a situation or force majeure that he cannot foresee and prevent despite taking all necessary care, the fee paid by the participant will be refunded to him without any deduction, except for the costs arising from mandatory taxes, fees and similar legal obligations and the fees that can be paid and documented to third parties and cannot be refunded.
As of 11.03.2020, with the Declaration of ‘Pandemic’ by the World Health Organization, the epidemic was declared global and clearly declared a danger to the whole world. Therefore, the epidemic on our agenda constitutes the concept of force majeure for all countries of the world. With the who’s announcement, all countries have been placed on red alert; measures have been maximized. For this reason, package tour contracts may be terminated for force majeure reasons without any obligations to the parties.
In accordance with the provision of the regulation, the amount paid by the individuals after termination must be returned in full. In case of a dispute with the Agent despite the termination of the Package Tour Agreements, an application can be made to the Consumer Arbitral Tribunal or the Consumer Courts.
COVİD -19’S EFFECT ON SPECIAL HEALTH INSURANCE AND COMPLEMENTARY HEALTH INSURANCES;
In our country, the provisions of insurance are regulated by social insurances no. 5510 and general health insurance law and private health insurance regulations. If we need to give a description to the question of what is Private Health Insurance and Complementary Health Insurance; we can define it as personalized plans prepared to cover the health expenses of the insured person as a result of diseases and accidents. The limits set specifically protect the insured against the possible risks specified in the insurance policy within the scope of special and general conditions. Accordingly, Private Health Insurances are usually insurance agreements that cover the operations performed at the request of the person and the complications that may arise from these operations. Policy signed by the parties; it does not cover situations before the policy date and transactions made from non-contracted institutions. There are different opinions about whether private health insurance policies cover Covid-19 treatment.
1-The first condition for a disease not to be covered by general insurance is that it is exempted from the General Conditions of Private Health Insurance set by the Undersecretariat of Treasury. If there is no such exception, those with insurance are obliged to cover it if they are infected. Insurance policies of some insurance companies; regulates infectious diseases under the heading ‘Special Conditions’ as exception to the policy price. In order to detect this situation, insurance policies must be examined privately.
2-With the World Health Organization declaring Covid-19 an epidemic, virus treatment will be excluded from the scope of Private Health Insurance. If it has been declared an epidemic, it is not covered because it is not covered by private insurance. Covid-19 disease has been declared a pandemic throughout the country with the circular dated 20.03.2020 issued by the Ministry of Health. With the circular issued, hospitals with 3rd level adult intensive care beds including infectious diseases and clinical microbiology, chest diseases, internal medicine specialist physicians are defined as “pandemic hospitals”; On top of this circular, Covid-19 has become an epidemic in our country. Although there are growing opinions that Private Health Insurance Policies will not cover covid-19 treatment, which is an epidemic disease; It will be more accurate and qualified to evaluate and comment on each insurance contract signed on its own terms.
As a result, public hospitals and the Social Security Institution come into play when the virus, which is a disease, is not covered by Private Health Insurance. If the individual suspects himself, he or she can go to the private hospital to which private health insurance is affiliated. The intervention costs made by the Private Hospital until corona diagnosis are covered by Private Insurance. After diagnosis, the treatment costs are covered by the funds stored by the state in epidemic situations and by the Social Security Institution.
IN CASE OF DEATH, LIFE INSURANCE CAN BE USED.
Life Insurances; They are insurance contracts that are collateral for loans used by banks and aim not to victimize heirs. When the death is encountered thanks to the life insurance made while taking out a mortgage, vehicle loan or need loan, all existing debt is covered by the insurance company and no debt is transferred to the heirs of the deceased person. Insurance companies are responsible for these loans as a result of unexpected deaths. Therefore, Life Insurance can be used after the death of a person who has Covid-19 disease.
TRAVEL INSURANCE CHARGES ARE REQUIRED TO BE REFUNDED.
Travel Insurance; it is a type of insurance that guarantees risks such as disease, accident and loss of luggage that can be encountered both domestically and abroad. Travel Insurance is a prerequisite for visa processing in European countries. Therefore, most countries require Travel Insurance.
Due to the current epidemic, flights between countries have stopped. Accordingly, the travel insurances you have purchased are not available. If the conditions are right, you may cancel your ticket that you have not used; You can request a refund of your Travel Insurance. If the purchased travel policy will not be used, the insurance company must be notified of the cancellation request at least 24 hours in advance. Your request for a premium refund must be evaluated and returned to you according to the cancellation conditions specified in the policy special conditions.
