As required by 2nd clause of Article 32 of the Insurance Law, insurance loss adjusters are obliged to avoid activities that may endanger the rights and interests of the insureds, perform activity in line with the principles of the legislation and operation plan, act in accordance with the necessities of insurance and the rules of good will.
In this context, according to Article 23/1 of the Regulations of Loss Adjusters, loss adjusters are obligated to comply with the professional integrity and the code of ethics determined by the Executive Committee of Loss Adjusters, exercise utmost due care as regards clothing and appearance, personal relationships as well as necessary meticulousness in professional titles and office arrangements.
The below-annexed “CODE OF CONDUCT” that has been devised with respect to all these laws and regulations are rules that we as ALESTA also observe and committed to comply with.
https://www.tsb.org.tr/images/documents/Sigorta_Eksperleri_ve_Eksperlik_Faaliyeti_Denetim_Rehberi_Taslagi.pdf
INTRODUCTION
This code of conduct has been prepared for all insurance loss adjusters operating in our country basing on paragraph (a) of second clause of Article 26 of Insurance Law no. 5684, in order to provide justice and honesty in insurance loss adjustment activities, members of the profession to work meticulously in discipline and solidarity as necessitated by the profession.
Definitions:
Terms in this code of conduct refer to the following:
a) Law: Insurance Law no. 5684,
b) Regulation: Regulation of Loss Adjusters,
c) Executive Committee: Executive Committee of Loss Adjusters in Turkish Union of Chambers and Stock Exchangers,
d) Code of Conduct: Loss Adjusters’ Code of Conduct,
e) Adjuster: Insurance Loss Adjuster.
SECTION 1
BASIC PRINCIPLES OF THE PROFESSION OF LOSS ADJUSTMENT
Basic principles that Loss Adjustment profession bases on are as follows:
(A) The Principle of Objectivity:
The Adjuster, as part of the defining/descriptive characteristics of the profession, is obliged to protect the rights of both the insured and the insurer regardless of who the appointer is and act in accordance with public benefit. Therefore, the Adjuster;
a) Is obliged to perform the tasks required by believing in the necessity of independence and objectivity of the profession. The Adjuster never performs the work in a biased and prejudiced manner.
b) Maintains objectivity in professional work; never acts by a behavior and attitude that will bruise objectivity.
c) Doesn’t accept an assignment that may cause suspicion in his objectivity.
d) Stands away from a conflict between parties and a tension that can arise.
B) The Principle of Trust:
(1) The Adjuster performs his professional work in full devotion observing public belief and providing trust to the profession.
(2) The Adjuster considers to be simple and easily understandable in the briefings to be held; and holds utmost transparency in his activities.
(3) The Adjuster avoids all sorts of behavior and attitude that will damage the reputation of the profession; takes this in care in his private life as well.
C) The Principle of Professional License:
(1) The Adjuster doesn’t perform loss adjustment not within the scope of his professional license and not in a branch or branches that he’s unauthorized.
(2) The Adjuster doesn’t accept a job in which he’s aware that his experience and knowledge is insufficient.
(3) The Adjuster allocates time necessary to perform the job received in a proper manner. If needed, accepts advisory assistance from an expert who has proven to be competent regarding the provisions of the relevant legislation.
(D) The Principle of Secrecy:
(1) The Adjuster is responsible for keeping professional secrets. Leaving the profession does not remove this obligation.
(2) The Adjuster keeps all types of information and documentation as confidential and meticulously away from third parties, except in cases when such information and documents legally need to be delivered to the authorized persons and bodies and sharing of information legislatively as well as in cases that the parties (the insured and the insurer) agree.
(3) The Adjuster develops and applies precautions to prevent the persons that are employed and inters from acting against professional confidentiality.
SECTION 2
PERFORMING THE PROFESSION OF LOSS ADJUSTMENT
Basic rules that the loss adjusters are required to follow during the course of their profession are as follows:
(A) Relations Between Professional Colleagues
(1) No loss adjuster can express personal opinion and thoughts that are humiliating and insulting for any professional colleague, those carrying out joint loss adjustment process in particular.
(2) Follows the guiding rates of loss adjustment determined within the scope of the relevant legislation.
(B) Relations with Insureds
(1) The Adjuster communicates respectfully and meticulously in the relations with the insureds.
(2) The Adjuster shares information regarding the loss adjustment with the insured when asked.
(C) Relations with Insurance Companies
In relationships with insurance companies, the Adjuster exhibits attitudes and behavior conforming to professional honor and dignity. In these relations, mutual respect is essential.
(D) Office and Working Order
(1) The Adjuster cannot make an announcement in the form of an advertisement.
(2) The billheads, business cards, and office signs cannot carry an advertisement form.
(3) The Adjuster cannot display attitudes and behaviors in the form of acquiring job in a way against professional customs.
(4) The Adjuster pays consideration in furnishing his office as conforming to the honor and solemnity of the profession. Follows the technological improvements in the profession.
(5) The Adjuster who will obligatorily be away from office for a long time, informs in advance the party or parties for whom he receives assignments in majority.
(6) Except for judicious excuse, the Adjuster accepts the assignments.
(7) The Adjuster who takes an intern pays utmost attention to the appropriate training of the intern and prepares opportunities in this regard.
(E) Loss Adjustment and Reporting
(1) The Adjuster is indebted to comply with the decisions taken by the Executive Committee as well as the law, regulation and decrees of the relevant legislation.
(2) During the performance of his profession, The Adjuster takes the general and special conditions of the policy (scope, exclusions, exclusions unless agreed otherwise etc.) as a guide and finalizes the loss adjustment report in this framework.
(3) The Adjuster follows up the claim file received until the end, and issues the loss adjustment report within its legal period, hence completes his task. However, he can reject the file upon situations that necessitate personally or due to professional dignity. In such cases, the Adjuster informs the situation to the assigning party in writing.
(4) The Adjuster performs his job in a clothing and appearance befitting the profession.
(F) Following the Notices
The Adjusters are obliged to follow the notices announced in the website www.sigorta.org.tr.
(G) Other Issues
(1) In claims of motor insurance, in order to eliminate the annoyance encountered in periods of repair determined by insurance loss adjusters for providing a substitute vehicle;
a. The extended duration of repair in the services / repair shops due to vehicles waiting in line upon difficulties encountered in supplying of spare parts that have to be provided by the services / repair shops cannot be recoursed to the insurer. Consequently, the specified durations cannot be added to the durations of repair determined by the insurance loss adjuster.
b. In cases in which spare parts are supplied by service providers of the insurance companies and in those in which repairs of plastic and/or aluminum parts are carried out by the service providers in question, these durations are added to the period of repair determined by the insurance loss adjuster.
c. The period repair determined by insurance loss adjuster as considering the cases mentioned in paragraphs (a) and (b) are to be notified to the parties and included in the loss adjustment report, and any subdividing in the period of repair is inapplicable.
(2) During the activity of Insurance Loss Adjustment, the insurance loss adjusters have to put in effect a secrecy agreement with persons that they employ concerning protection of information that need to be kept secret.