NEWSLETTER-2019-metin

374 NEWSLETTER 2019 tant circumstances that it knows or should know at the same time of conclusion of contract. The circumstances, which are not disclosed or are disclosed incompletely or wrongly to the insurer, are considered as important. Matters that are not notified to the insurer, or that are incomplete or misrepresented, are considered to be important, if they have the nature requiring that the contract be not made or be made on different terms. The matters asked by the insurer in written or in verbal are considered as important until proven otherwise. The matters that may affect the insurer’s decision on the contract are considered to be “important” 2 . The third paragraph of the relevant article accepts the presumption that the questions posed by the insurer are important for the insurer. That’s because, the insurer will decide whether or not to undertake the risk and the conditions of undertaking within the framework of the questions asked. However, it is likely that the person making the declaration will have some hesitation in identifying and determining the issues to be considered as important. For this reason, the insur- ers usually provide a list of questions that they consider as important to the insurant. Therefore, there is the presumption that the questions posed by the insurer are important for it 3 . Article 1436 of the TCC stipulates a regulation on the questions to be asked only in writing by the insurer. According to the relevant article, if the insurer has provided the insurant a list of questions to an- swer, no liability can be imposed on the insurant for matters other than the questions listed. However, if the insurant has kept an important matter in bad faith, the insurant shall remain to be liable for the mat- ters that have not been declared. The insurer may also ask additional questions if there are any issues he/she wants to learn. These questions should also be written and clear. The insurer is obliged to answer these questions. 2 Article 1439 of the TCC. 3 Article 1435 of the TCC.