General Conditions of Insurance against Window Breaking

Scope of the insurance warranties

Section 1- The insurer shall warranty the losses and damages that have been caused by the results of the breaking of windows and mirror which are included in this insurance policy, according to the following conditions.

The conditions that are not covered by the warranty, unless agreed otherwise

Section 2- Unless agreed otherwise, the following conditions are excluded from the warranty:

1. The losses and damages that have been caused by fire, lightening, explosion or by the putting off the fire or rescuing in the fire on the condition that it shall not be warranted by another insurance.
2. The losses or damages that have been caused by construction or repair in the buildings or in their place where the insured windows and mirrors are attached.
3. The losses or damages that have been occurred to the ornamentations and writings on the windows and mirror that are broken.
4. The loss or damages that are caused by strike, lock-out, riot and public movements and the military operations which has to be done in order to prevent those.

The conditions that are excluded from the warranty

Section 3- The following conditions are excluded from the insurance warranty:

1. The collapsing or breaking down (falling down) of buildings or places where the windows or mirrors are attached.
2. The losses or damages that have been occurred in the circumstances and purposes of repair and changing of their place or transferring of the insured windows and mirrors while they were being placing their position, attaching or taking out from their place.
3. The losses or damages that have been caused on purpose by the insured person or his/her family’s members and his/her employees who reside with him/her.
4. The drawings and breaking away with violence, which have been occurred to the exterior surface of the insured windows and mirrors.
5. The losses or damages that have been occurred to the insured windows and mirrors as a result of defect and deformity without any exterior influence.
6. The losses or damages that have been occurred to the insured windows or mirrors as a result of earthquake, flood, inundation, eruption of volcano.
7. Every kind of loss or damages that are caused by war, every kind of war incidents, invasion, foreigner enemy movements, collusion (if it is declared war or not), interior war, revolution, rebellion, mutiny and the military action taken in order to prevent those.
8. All loss or damages caused by any nuclear fuel or nuclear residue as a result of burning of any nuclear fuel or ionized radiation occurred in relation to this or meeting of radioactivity and the military actions that needs to be taken in order to prevent those (“burning” which is used in this sub-section will cover any self-extended nuclear separation, “fission” incident).
9. The loss or damages caused by the disposal on the insured windows and mirrors made by the public authority.

The start and the end of insurance

Section 4- This insurance shall begin on the start and end dates written in the insurance policy and also unless agreed otherwise, shall begin at 12:00 p.m. and shall end at 12:00 p.m.

The declaration responsibility of the insurer

Section 5- The insurer has accepted this insurance depending on offer letter, policy and notices in its additions with the condition that the insurer must inform the real state of risks.

If the declaration of the insured person is not right or true, then in the situations that the insurer would be able to not start the agreement or make it heavier:

1. If the insured person is acting on purpose, after the insurer has informed the situation he/she could cancel the contract within 1 month and if the risks has occurred he/she would not pat the compensation. In the situations of forfeit the insurer gain rights in the premium.
2. If the insured person has not acted on purpose, and if this state has been informed before the happening of risks, then the insurer shall cancel the insurance policy within 1 month after he/she has been informed or holds the agreement in force on the condition of getting the premium difference.

If the insured person states that he/she does not accept the premium difference of the insurance in 15 days, then the agreement will be cancelled.

The cancellation notice which has been made by the insurer is valid after 15 days at 12:00 noon as soon as it is posted or given to the notary public; the cancellation that has been made by the insured person is valid on the following day at 12:00 noon after it is posted or given to the notary public.

If the cancellation has been made by the insurer, the premium for the period of validation shall be calculated and the additional premium shall be given back on the day basis; if the cancellation has been made by the insured person shall be calculated and the additional premium shall be given back on the short period basis.

1. The forfeit, cancellation or the right to ask premium difference will be cancelled if it is not used in time.
2. In the situations that there is no purpose from the insured person, risks:

1. Before the insurer has informed the situation or,
2. In the period that the insurer could notice the cancellation or,
3. If it is happened in the period of the validity of notice, the insurer shall reduce the compensation between the verified premium and the premium that needs to be verified, in the circumstances of proportion.

The responsibility to give the notice in the insurance period and its results

A- Changing of position and situation

Section 6- After the agreement that has been made, if the offer letter, the insurance policy and the place and its state written in its additions of the insured windows and mirrors have been changed without the knowledge of the insurer, the insured person shall inform this changes:

1. If it is made either by the insured person or by another person on his/her behalf, immediately, or
2. If it is made by another person who is not acting on the insured person’s behalf, shall inform the insurer within 8 days after the insured person has informed the situation.

If this change makes the insurer not to start the agreement or makes the agreement harder to operate, after informing the situation, within 8 days:

1. Shall cancel the agreement or,
2. Holds the agreement in force on the condition of getting the premium difference. The agreement will be cancelled if the insured person informs that he/she does not accept the requested premium difference within 8 days.

After the cancellation notice has been posted or given to the notary public by the insurer at 12:00 noon within 8 days, after the cancellation notice has been posted or given to the notary public by the insured person at 12:00 noon on the following date it shall be valid.

If the cancellation has been made by the insurer, the premium for the period of validation shall be calculated and the additional premium shall be given back on the day basis; if the cancellation has been made by the insured person shall be calculated and the additional premium shall be given back on the short period basis. The right of cancellation or requesting premium difference that has not been used on time will be lost. When the insurer has informed that the place insured windows and mirrors has been changed from the offer letter, policy and notices in its additions with the condition and the insurer acts like he/she accepts this change as the acquisition of the premium, the right of cancellation or requesting premium difference will be lost.

If the insured person does not inform about the changes that made heavier risks in the places of insured windows and mirrors on purpose, then the compensation for damages after the notice period will be lost; there could be a reduce for compensation depending on the proportion between the received premium and the premium that needs to be received if the insured person failure to inform has not done on purpose. The premium difference will be given back to the insured person from the written information that has been given to the insurer until the end of the agreement, after demonstrated by the authorized Instruction Committee if these changes will lighten the risks and makes the premium to be lowered down.

The sections of this act will also apply to the insured person.

B- Changing of proprietorship

Section 7- If there is any change in the possession of the insured goods, the statute of insured person will continue and the loans and rights of the insured person in the insurance policy will transfer to the new rightful owner. Therefore, the new rightful owner, after he/she has been informed about the insurer’s and insured person’s existence, is under and obligation to inform the insurer about the circumstances of transfer within 15 days. If this obligation has not been done, then the insurer will be free from the responsibility.

The insurer could cancel the changes and the new rightful owner could cancel the existence of insurance from the date of knowledge within 8 days. The unused right of cancellation on time will be lost.

In the cancellation of the insurance policy by the insurer, the cancellation will be valid after the date of the cancellation notice has been given to the post or public notary at 12:00 noon and in the cancellation of the insurance policy by the new rightful owner, the cancellation will be valid after the date of the cancellation notice has been given to the post or public notary at 12:00 noon.

If the cancellation has been made by the insurer, the premium for the period of validation shall be calculated and the additional premium shall be given back on the day basis; if the cancellation has been made by the insured person shall be calculated and the additional premium shall be given back on the short period basis.

In the situations of the changing of the possessor of the insured goods, the insured person that has not used the right of cancellation will be responsible with the new rightful owner for the current premium loans.

In the situation of the death of the insured person, all the rights band loans from this insurance will completely transfer to the new rightful owner.

Payment of insurance premium, beginning of the insurer’s responsibility and the default of the insured person

Section 8- If it is agreed that the whole of the insurance premium will be paid in installments, then first installment shall be paid as soon as the agreement has been made or latest on the date of handing over of the insurance policy. Unless agreed otherwise, in the situation of non payment of the first installment or premium, the responsibility of the insurer will not start and this condition shall be written down on the face of the insurance policy. The insured person falls into default if he/she fails to make the payment until the end of the handing-over date where it is agreed that the insurance premium or the premium will be paid in installments and the insurance agreement will be cancelled in 30 days from the date of falling into default without any notice if he/she still has not made any payment. The responsibility of the insurer will continue for first 15 days after the payment of premium in which it is agreed that the insurance policy will be handed-over with the start of the insurer’s responsibility.

In the situations in which it is agreed that the insurance premium will be paid in installments, the results of the non-payment on the defined payment date, the amount and in its fixed term shall be written on the insurance policy in order to inform insured person. If the insured person does not pay the fixed term premiums written on the insurance policy or the premium installments that he/she has been informed in writing, the insurance premium will be defaulted. The warranty of the insured person will stop within 15 days after the default of the premium loan. If the risks have not happened, the warrant shall continue from where it has stopped if the premium loan has been paid. If the premium loan has not been paid within 15 days from the date of stoppage of the insurance premium, the warranty will stop without a written notice.

In the situation of happening of risks, the fixed terms of the premium installments that has not yet come which does not exceed the amount of warranty where the insurer will have to pay becomes in promptly paid situation on the condition that it has to be written down on the face of the insurance policy.

According to this section, in the condition of cancellation of the insurance agreement, the premium that meets with the period in which the insurer’s responsibility continues shall be calculated on the day basis and the exceeding amount shall be given back to the insured person.

The responsibilities of the insured person in the cases of damage

Section 9- The insured person is under an obligation to make the following conditions in the situation of damage:

1. To notice the insurer within 5 days after the information of damages.
2. To take the saving and protection as he/she is not the insured person and to comply with the instructions this has been given by the insurer.
3. Not to make any changes in the damaged places or windows and mirrors unless exceptional circumstances.
4. If the insurer has asked all the possible certificates and information in order to appoint the conditions and states of the causes of damages, amount of loss and damages with its evidences (the real ones or the photocopies which are the true copy of original stamped from the public notary), the insured person is under an obligation to give these certificates without any delay, to guarantee and keep all possible certificates which is for the use of returning right.
5. To give the amount of loss or damages with any compensation declaration in a just and reasonable time to the insurer.
6. To give permission to the persons who are authorized by the insurer for determining the returning right and compensation responsibility and to make investigation and study on the certificates that relates to this.
7. If there is another insurance agreement on the insurance topic, inform this agreement(s) to the insurer.

The decline or loss of the compensation right

Section 10- If the insured person does not make his/her responsibilities in the damage incidents and if there in an increase in the damage amount as a result of this, the increased amount shall be reduced from the compensation that the insurer will pay.

If the insured person caused the realization of damage and acts to increase the amount of damages on purpose, the right that he/she has gained from the insurance policy will be lost.

Demonstration of the losses and damages

Section 11- The amount of loss or damages that occurred to the insured windows and mirrors shall be demonstrated by the parties according to this insurance policy. If the parties do not agree, the referee or expert witnesses which have chosen by the specialist engineers or technicians shall be demonstrated according to the following sections:

1. If the parties could not agree on one referee or expert witnesses, then each part chooses his/her referee or expert witnesses and informs the other party through notary public. The referee or expert witnesses chosen by the parties choose a third referee or expert witnesses and determine this with minutes within 7 days of the first meeting. The third referee or expert witnesses could only decide in the disagreement of the referee or expert witnesses chosen by the parties only with one report. Report of the referee or expert witnesses shall be notified to the parties at the same time.
2. If either one of the parties do not choose their referee or expert witnesses within 15 days of notification of other party or referee or expert witnesses chosen by the parties do not agree with the third referee or expert witnesses within 7 days, the third referee or expert witnesses shall be chosen by the relevant court by expert person to deal with trade cases in the damaged premises.
3. Both parties have a right to obtain the third referee or expert witnesses (either chosen from the referee or expert witnesses or from the head of the court) outside from the residence of insured person or the insurer or outside from the place of the damage and this desire has to be done.
4. If the referee or expert witness dies resins or rejected, then the new referee or expert witnesses shall be chosen by the same method and he/she shall continue from where the old one left.

The duties of the selected referee or expert witness do not end if the insured person dies. There could be a dissapprovement for the capacity of referee or expert witnesses chosen by the parties. If there is no disapproval for the capacity of referee or expert witnesses within 7 days, then this will be void.

1. The referee or expert witnesses are totally free to inspect. They are not dependant on any other sections.
2. The referee or expert witnesses could ask documents and registrations in order to determine the risk on the insured goods with the relevant evidences for the determination of damage and could study on the insured premises.
3. The decision of the referee or expert witnesses or third referee or expert witnesses that they have given on the amount of the loss or damage is final and binding by the parties. If the losses or damages have not demonstrated by any parties, then the compensation could not be obtained from the insurer an there could be no case.

The decision of the referee or expert witnesses shall be determined through the first glance, there could be a disagreement if there is a strong difference from the new situations and cancellation of those shall be done after the date of delivery within 7 days and could be asked from the courts which are authorized to hear trade cases.

1. The payment of the amount of compensation could only be promptly paid after the decision of referee or expert witnesses and the passage of time will not start until the delivery of the definite report.
2. The parties are responsible for the finance of their referee or expert witnesses. Finance of one referee or expert witnesses or third referee or expert witnesses is to be paid equally.
3. The demonstration of the amount of loss or damages, warranted risks, the amount of insurance, the value of insurance, the insurance under excessive and profit value, start of responsibilities, the caused that reduces or decrease the rights could not be influenced according to the sections and condition written down in this policy.

Finance of the compensation

Section 12- The insurer shall compensate the insured windows and mirrors at the time of damage, on the condition that it shall not exceed the insurance amount.

The insurer could establish the broken windows and mirrors if he/she desires to do so. In this situation, the broken windows and mirrors will be in the insurer’s possession. The compensation shall be made according to the proportion between insurance amount and the insurance value if the insurance amount is lower than the insurance value.

The results of damage and compensation

Section 13- The insurer becomes the insured person in law according to the amount paid for compensation. The insured person is under an obligation to provide all possible certificates to the insurer where he/she will set up in the case.

In the cases of occurrence of warranted risks with the full damage, the insurance warranty will end.

In the cases of partial damages, the paid compensation amount shall be reduced from the date of damage of insured goods.

The warranty of insurance of the units (groups) will end on the date of damage where those units (groups) in the insurance policy have been shown separately and one or more than one of them have been damaged. If it has partially damaged, the paid compensation amount shall be reduced from the date of damage of insured goods.

In the cases of missing of insurance amount, the insurance amount could be taken back to the old amount with the condition of taking premium on the day basis.

The parties have the right to cancel the agreement in the situation of partial damage. The parties could use their right of cancellation only before the payment of compensation.

If the insurer uses his/her right of cancellation, this cancellation shall be valid within 15 days at 12:00 noon after it is posted or given to the notary public and until the date of validation for this cancellation and the premium that belong to the unprocessed day shall not be given back.

If the insurer uses his/her right of cancellation, this cancellation shall be valid within the following day at 12:00 noon after it is posted or given to the notary public and the premium will not be refunded in the insurance period.

Leaving

Section 14- Unless agreed otherwise the damaged goods could not be given to the insurer.

Different Regulations

Tax, Picture, Fee and Management Expenses

Section 15- The insured person will be responsible for the current or possible tax expenses, picture or fees with the management expenses shown in the insurance agreement.

Delivering and Warnings

Section 16- The insured person’s warnings and deliveries shall be posted by a letter to the centre of insurance agent or the agent who was the mediator to the insurance agreement through notary public.

Insurance agent’s warnings and deliveries shall be sent to the insured person’s address shown in the insurance policy, or in the cases of changing of address, to the last known address of the insured person that he/she has been informed the centre of the insurance agent or the agent who was the mediator to the insurance agreement.

The warnings and deliveries that have been posted to the parties with signature or by telegraph are also valid.

Keeping the trade and job secrets

Section 17- The insurer will be responsible for the damages that have been caused from non-keeping the secrets of the insured person.

The authorized court

Section 18- The authorized court to hear all the cases that have been taken to the court against the insurance agent because of this insurance policy, shall be within the residence of the centre of the insurance agent or the agent who was the mediator to the insurance agreement or within the place of damage incident and the authorized court for the cases that have been taken by the insurance agent shall be within the residence of the defendant and authorized to hear trade cases.

Passage of time

Section 19- The entire requests which have been made through the insurance agreement will lapse in 2 years.

Special conditions

Section 20- Any special condition could be added to these general conditions or if there is any clause, it could not be conflict with it.