ERDEM-NEWSLETTER-2018-metin

106 NEWSLETTER 2018 The investigations regarding this issue by the Board are not new. In 2013 4 , the Board evaluated whether insurance companies operat- ing in Turkey increased motor vehicles insurance premiums through agreement, as well. However, the Board decided that “ considering the information submitted by the undertakings, and that there was no evidence obtained showing that the insurance companies agreed on the collective fixing of motor vehicles insurance premiums , there was no need to open an investigation regarding the said allegations .” 5 The Change in the Legislation Alongside the claims that are summarized, above, as to the prog- ress of the premiums in the motor vehicles insurance market, it was also claimed that the average policy premiums that remained on a sta- tionary line between 2013 and 2014, began to increase in the second quarter of 2015. The complainants underscored that the inclusion of the claims that were not previously covered within the scope of the motor vehicles insurance premiums, and which were not included in the motor vehicles insurance premium calculation for this reason (the risks that are not related to liability, and the claims of the persons with a higher degree of fault), within the scope of coverage through judicial decisions 6 , may cause an increase in premiums 7 . The Examination of the Board The Examination Process and the Subject of the Investigation Insurance may be defined as a bilateral liaison contract concluded with an institution that is engaged in this line of work in order to eliminate pecuniary damages that a person or a thing might face in the future, in any field, or to render this damage so as to be economi- cally insignificant 8 . Pursuant to Article 24 of Insurance Law numbered 4 The Board Decision, 09.05.2013, No. 13-27/369-171. 5 Para. 539, Decision. 6 In the Decision, there are references to the Court of Cassation General Assembly Decision (15.6.2011, No. E.2011/17-142, K.2011), and to the Court of Cassation General Assembly Decision (22.2.2012, No. E.2011/17-787, K.2012/92). 7 Para. 182, Decision. 8 Para. 60, Decision.