… TO THE PRESIDENT OF THE COMMERCIAL COURT OF FIRST INSTANCE;

File: … / … E.

AUTHORITY APPEAL :

FOUND DEFENDANT

TRADE REGISTER NO. :

ADDRESS :

Deputy :

(Legal representatives of the parties, if any)

OPPONENT :

Deputy :

(Legal representatives of the parties, if any)

Subject: the authority consists of our objection.

LITIGATION VALUE :

(In cases related to property rights)

INSTRUCTIONS :

1 -) Our client is a Casco insurer of a vehicle with a license plate number belonging to the plaintiff. (Annex-1)

2 -) the plaintiff has substituted the case at hand on the grounds that the damage in the amount of …-TL (Annex-2) caused by his vehicle was not paid by us.

3 -) 6100 Law No. 6. in the article, the subject of the general competent court is regulated as follows::

“The general competent court is the court of settlement of the defendant’s natural or legal person at the date of filing the case.”

15 of the same law. in the article, the subject of authority in cases arising from the insurance contract is regulated as follows:

“Claims arising from damage insurance may also be filed where the risk occurs, if the insurance is related to a move or a move that must be fixed or conditioned in a place due to its nature, where the property is located; if it is related to a move that does not need to be fixed or not conditioned in a place.”

4 -) our client is an insurance company organized in the form of a joint stock company. A sample of the trade register for this is submitted for examination by your court in the annex to our petition (Annex-3). The non-litigation agency that regulates the insurance policy is also based in the same province. The registration of the non-litigation agent, which is not a branch of our client but an independent organization, is also presented in the annex (Annex-4). Tool in case if there is damage, please the attached form (Appendix 5) accident report suggests, as a plaintiff’s lawyer, due to a business trip at that time while cruising in the province where it was found, by failing to notice the hole, the tool is formed at the lower end in the pit quickly.

5 -) Given the above legal regulations, it is clear that your court, where the case at hand is derdest, is not authorized in respect of this case. Because the plaintiff party has filed this case in its own settlement, which is not included in any of the above. Therefore, it is necessary to make the first appeal of the authority.

Legal reasons: 6100 P. K. m. 6, 15, 19, 116.

Legal evidence: … / … / … dated damage determination price example, Trade Register of the Client Company, … / … / … dated traffic accident detection protocol, Trade Register of the non-litigation agent, … / … / … dated insurance policy

Conclusion and request : for the reasons explained above, with the acceptance of our initial objection to the authority, we request by proxy that the decision be made to the incompetence of your court and the sending of the file to the competent Commercial Court of First Instance. …/ …/ …

Attachments: 1. … / … / … dated insurance policy

… / … / … example of dated damage detection cost
Commercial Register of the client company.
Commercial Register of the agent who made the contract.
… / … / … dated traffic accident detection report.
Example of one approved power of attorney

Acting Defendant

Lawyer