1- What is the issue of compulsory liability insurance for security guards?
The insurer guarantees the damages which a security guard (employed by an insurant) brings to the third parties during doing his/her duty within the scope of legislations related to private security services.
This insurance guarantees that the insurant can defense himself/herself against unjustified requests directed to him/her in consequence of events in subject matter of insurance.
2- Who are the person and the institutions called “insurant” in subject matter of insurance?
The insurant indicates special legal personalities and private security companies who gets official authorization according to “the Law no 5188 Related to the Security Services” for the compensation for damages done by special security guards and they must take out compulsory liability insurance in accordance with the same law.
3- What are the types of guaranties being included within the scope of compulsory liability insurance?
3.1- Life insurance: Life insurance pays a specified sum to the rights-holders if a person dies right after the inflictive event or within 2 years after the event.
3.2- Disability insurance: Disability insurance pays a specified amount if a person becomes permanently disabled right after an inflictive event or within 2 years after the event, discontinuation of medical treatment and the determination of the disability.
3.3- Treatment costs insurance: Treatment costs insurance covers the injured party’s first aid, medical examination, check-up costs and hospital charges due to control or traumatization, ambulatory or inpatient treatment and the other costs related to the treatment in hospitals or in other treatment centers.
3.4. Property insurance: Property insurance covers the costs of physical properties such as buildings, machinery and stock damaged by an inflictive event.
4- What are the conditions of absence of any disclaimer?
The insurant may get rid of responsibility (he/she or the security guard should not be in the wrong) if he/she proves that he/she or the security guard, who is held responsible, does not prevent from the inflictive event even though he/she is careful and attentive in order to prevent the inflictive event. (The event causing the loss takes place because of compelling reason, gross negligence of injured party or the third part)
If the injured party is responsible for the occurrence of the inflictive event, there will be made a reduction in the ratio of defect.
5- The circumstances out of warrant?
The indemnity claim stated below are out of warrant:
5.1- The damage and loss claims made by insurant suffering a loss,
5.2- The damage and loss claims made by the people having a relationship with employment contract or proxy ship, husband/wife of the insurant, adopted child or the siblings of the insurant,
5.3- The damage and loss claims that might be directed to the insurant because of professional liabilities of the private security guards by claiming that private security service is deficient or inadequate,
5.4- The damage and loss claims directed to the insurant by reason of the fact that private security guard does not use his/her power in jurisdiction of his/her area of responsibility or/and during period of office,
5.5- The loss claims directed to the insurant because of war, every kind of hostilities, invasion, attacks, skirmish (whether in wartime or not), civil war, revolution, rebellion, mutiny, terrorist actions identified in Anti-Terror Law no. 3713 and sabotages occurring because of these actions,
5.6- The damage and loss claims made on the ground that the security guard exceed his/her authority and/or carry out defective orders under the management of local authority and public security chief in accordance with Provincial Administration Law no 5442,
5.7- The damage and loss claim directed by the insurant to the private security guards,
5.8- The damage and loss claims directed to the insurant by reason of consequential losses,
5.9- The damage and loss claims directed to the insurant owing to the issues related to the nuclear fuel or nuclear wastes in consequence with the blast of that fuel and ionizing radiation attributed to that blast or radioactivity,
5.10- The indemnity claim because of private security service provided by people or institutions that do not have necessary permit, training and license designated by law,
5.11- The losses caused by an offender causing criminal act while being in need of guard within the scope of safety rules.
5.12- The demand for immaterial compensation,
6- Where is this insurance valid?
This insurance is valid within the boundaries of Turkey.
7- When does the insurance starts and expires?
Unless otherwise consented upon, the insurance starts and ends at 12:00 local time in Turkey in the days that are indicated as starting or ending dates in the insurance.
8- When can injured party or rights-holder apply and when is the application period?
The injured party or the rights-holder can make a direct claim to the insurant within the scope of the indemnity foreknown in the insurance policy.
The insurant has the right of compromise with the injured party or the rights-holder by making contact with him/her.
However, the insurant is not partly or wholly entitled to recognize a claim for compensation. As a result of that, the insurant cannot pay compensation to the injured party or the rights-holder without written permission of the insurer.
The event causing the loss should be reported to the insurer by the insurant within 5 days after he/she hears about it.
9- What are the liabilities of the insurant in case of risk?
In case of risk, the insurant should fulfil some obligations listed below;
9.1- He/she should report the event, which requires a liability, as soon as he/she finds it out.
9.2- Taking due precautions as if he/she did not carry insurance and for this purpose complying with the instructions given by the insurer.
9.3- At the insurer’s request, the insurant should give an information and the documents about how the inflictive event takes place, the reason and the circumstances of it in order to provide convenience while identifying its consequences and using the right to take benefit from indemnity and revocation.
9.4- The insurant should give information about every kind of notification, invitation and related documents concerning to the claims and/or criminal proceedings to the insurer in the event that he/she is demanded compensation or experiences criminal proceedings against him/herself because of a damage or loss.
9.5- If there is any other insurance agreements related to the subject matter of insurance, the insurant should inform the insurer about them.
10- How can the compensation be paid?
The insurer pays the amount of indemnity stated in the policy within 8 working days; henceforth, he/she receives the documents completely.
11- If the indemnity is not paid on time, what should be done?
In the event that the indemnity is not paid on time without justifiable reasons, the insurer goes into default and there will be applied legal default interest [1] to the amount of unpaid indemnity.
Default interest is not regarded as a payment made within the boundaries of indemnity. If injured party or rights-holder presents a case about this insurance, the insurer will follow the case as specified in the policy and the insurant should give a power of attorney to a lawyer identified by the insurer. The insurer will pay cost of proceedings and attorney fee. If the amount of indemnity is more than the insurance amount, the insurer will pay these costs according to the indemnity rate of the insurance amount.
1- Default interest: It is a kind of interest rate charged to a borrower when payments are overdue.
Source: The Law No 5188 Related to the Security Services
Date: 28 January 2017
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