GENERAL CONDITIONS OF STATE SUPPORTED
POULTRY INSURANCE - 2016
A. SCOPE OF INSURANCE
A.1. Subject of Insurance
Damages to poultry grown in such closed facilities with bio-safety and hygiene
measures already taken, due to the cases set out in clause A.2 are covered on the
following terms and conditions within the scope established by decision of Council of
ministers pursuant to article 12 of the Agricultural Insurances Law No. 5363.
The attached definitions and Tariff and Instructions are considered in application of
these general conditions.
A.2. Events and Losses Covered
A.2.1. Extensive Scope
In the poultry covered by this insurance;
a) Any kind of poultry diseases excluding sicknesses defined in 5996 no. Veterinarian
Service, Plant Health, Food and Feed Law,
b) Any kind of accident and poisonings,
c) Any kind of natural disasters,
ç) Losses directly incurred by the insured due to deaths, killings and obligatory
slaughters caused by fire or explosion are covered by this policy.
Covered risks are set out on the policy.
A.2.2. Narrow Scope
In the poultry covered by this insurance;
a) Any kind of accident and poisonings,
b) Whirlwind, Storm, Earthquake, Landslide and Flood
c) Losses directly incurred by the insured due to deaths and obligatory slaughters
caused by fire or explosion are covered by this policy.
A.3. Events not Covered
Any losses to be caused by the following cases are not covered by this insurance;
a) All infectious diseases (obligatory notification needed) as per the Veterinary
Services, Crop Health, Food and Fodder Law Ref. Nr. 5996,
b) Cannibalism, eating feather and egg, pecking or similar bad habits,
c) Congenital diseases and abnormal growth of animals,
ç) Diseases existing before inception of insurance, nutritional deficiency,
d) Death, killing and obligatory slaughter of the insured animal due to such diseases
suffered by it during the waiting period of 3 days as from policy inception date in case
of viral, microbial and parasitic diseases.
e) Deaths, killings and obligatory slaughters caused by intentional or gross faults of
the insured or any persons whose acts are under the responsibility of the insured,
f) Theft, lost and relocation,
g) Deaths, killings and obligatory slaughters to arise from lack of the vaccinations in
the vaccination schedule set out in the Tariff and Instructions, non-compliance with
quarantine measures and failure in taking necessary measures,
ğ) Deaths, killings and obligatory slaughters as a result of decisions of owner of the
animal concerned regarding condition of animals which suffered from infection
without approval of loss adjusters in case of infectious diseases among insured
animals.
h) All losses caused by strike, lockout, riot and civil commotions and bad faith acts
and military and disciplinary operations required by them,
ı) Any losses caused by terrorist actions stated in the Prevention of the Terrorism Act
Ref. No. 3713 and sabotage arising from these acts and interventions of competent
authorities to prevent them and decrease their effects including any losses to be
caused by biological and/or chemical pollution, contamination or intoxications,
i) All losses caused by war, all war events, invasion, foreign enemy actions, combat
whether war is declared or not, civil war, revolution, riot, rebellion and military and
disciplinary operations required by them,
j) Losses arising from contamination of radiation or radioactivity caused by any
nuclear fuel or nuclear wastes as a result of burning of nuclear fuel or the reasons
attributable to them or from military and disciplinary measures required by them (The
term „burning‟ in this paragraph shall also cover any nuclear decomposition that
maintains on its own),
k) Death, killing or obligatory slaughtering as a result of decisions to be made by the
public authority on the insured animal,
l) Indirect losses which occur based on occurrence of a risk covered by this policy,
m) Damages to winged animals due to such failures of farm equipments (Generator,
fan, automatic feeder etc.) caused by faults of business employees or irregular
periodical maintenance and controls,
n) Losses occurred to building, equipment and rig,
o) In narrow scope policies, losses caused by temperature rise for whatever the
reason is.
A.4. Deductible and Coinsurance
It may agree not to compensate the part of the occurred loss, corresponding to a
certain percentage or amount of the sum insured.
In addition to the deductible set out in the first paragraph, it may agree upon
participation of the insurant in the loss by a certain co-insurance percentage.
Established deductible and co-insurance percentage is indicated on the Tariff and
Instructions and on front side of the policy.
A.5. Acceptance of Insurance Application
Information on preliminary insurance form which is filled up by insurant/insured firstly
checked whether it complies with Farmer Registration System (Turkvet) or not and
after risk inspection, policy shall be accepted and be issued.
After the risk inspection, risks found unwarrantable by Agricultural Insurance Pool
shall not be assured.
A.5.1 Vaccinations
It is necessary to make and document following vaccinations, according to the
vaccination schedule.
a) Broiler: Infectious Bronchitis, New Castle, Gumboro.
b) Breeding, laying hen brood and chicken: Marek, Infectious bronchitis, New Castle,
Gumbaro, AvianEnsephalomyelitis, Fowl pox, Infectious Laryngotriehitis, Egg Dropp
Syndrome, Mycoplasma Gallisepticum, Mycoplasma Synoviea, Coccidiosis,
Salmonella.
c) Fattening turkey: HB1, Turkey Rhinotrecheitis (TRT), New Castle.
ç) Breeding turkey: Coccidiosis, New Castle, Avian Encephalomyelitis, Multocida
Bacterin, Paramyxovirus, Ornithobacteria, Erysipelothrix.
A.5.2 Salmonella Test
The following tests must be made for the poultry to be insured:
a) Taking samples from all chick flocks in appropriate times for Salmonella and
testing/monitoring them at authorized and formally recognized laboratories.
b) Applying cleaning and disinfection procedures in writing for eliminating pathogens;
testing feeds where they are produced for Salmonella.
A.5.3. Animals to be Insured and their Ages
Ages of the animals which may be insured are as follows:
a) Broiler chicks from 1 day to 45 days.
b) Laying hen chicks from 1 day to 16 weeks.
c) Laying hens from 17 weeks to 18 months.
ç) Breeding and main breeding chicks from 1 day to 26 weeks.
d) Breeding and main breeding chickens from 27 weeks to 20 months.
e) Breeding turkeys from 1 week to 57 weeks.
f) Female fattening turkeys from 1 day to 16 weeks.
g) Male fattening turkeys from 1 day to 20 weeks.
ğ) Ostriches from 3 months to 15 years old.
A.5.4. Bio security
The following bio security conditions must be met in the poultry and farms to be
insured:
a) Proper physical conditions in poultry growing for any coop, storage, silo and similar
places where production is performed at the risk address containing poultry.
b) Giving access to the persons who need in the farm keeping visit purposes and
entry-exit records.
c) Preventing visitor entry-exit in case of any circumstance to affect health of animals.
ç) Fully closed and fenced surrounding of the farm.
d) Presence of a responsible person in the farm for 7 days 24 hours.
e) Keeping a solution for submerging feet or foot cleaning equipment in entry of the
buildings
f) Periodically renewal and record of disinfectants.
g) Leading to washing hands in farm entry-exits after taking care of the animals.
ğ) Special staff cloth in the farm.
h) Washing or changing staff clothes in flock shifts.
ı) Washing and disinfecting tires of vehicles at farm entrances.
i) Taking any measures necessary for other animals which may enter in the farm and
premises.
j) Applying necessary fighting methods against pesticide, fly and parasites.
k) Conduct of disease controls by a licensed company or trained person and applying
all disease control measures
A.5.5. Health and Hygiene
The following health and hygiene conditions must be met in the poultry and farms to
be insured:
a) Working of poultry units are based on “full entry-exit” principal.
b) Existing of health certificates of animals in the entrance.
c) Sending (daily) ill, injured and dead animals away from the farm.
ç) Leaving poultry units empty between entry-exit of two flocks for at least two weeks.
d) Limiting smoking in such places remote from animals in the farm and premises.
e) Receiving service from veterinary surgeons trained about poultry.
f) Recording daily deaths and medicine and vaccination applications.
g) Keeping drugs and vaccines in a safe and locked place based on their label data.
ğ) Medical products only being under responsibility of trained personnel.
A.5.6. Lighting, Temperature, Ventilation and Air Quality
The following living conditions must be met in the poultry and farms to be insured:
a) Applying and recording an appropriate lighting program for animals.
b) Controlled environmental conditions in all poultry units.
c) Measuring air quality parameters continuously (Ammonia, CO2, humidity).
ç) Applying written ventilation plan (air quality, flow rate, temperature).
d) Ensuring ventilation rate consistent with environmental changes.
e) Using heaters and additional fans where ventilation is not sufficient at lower and
higher temperatures.
f) Measuring and recording the maximum and minimum temperatures in each poultry
units daily.
g) Sufficient heating system to prevent animals from meeting in one place.
A.5.7. Water and Feed
a) Analyzing water supply used and recording its results regularly.
b) Storing water, sufficient for animals for at least 24 hours in case of emergency.
c) Availability of water in 3 m. and feed in 4 m. for each animal.
ç) Controlling heights of mangers and water bowls daily and water meter in all poultry
units and measuring daily water consumption.
d) Equal distribution of mangers and water bowls in the units and prevent their
contamination.
e) Controlling feed distribution system daily, numbered and identifiable feeders.
f) Recording type, quantity and date of expiry of use of the disinfected feeds and
coccidiostats.
g) Keeping record of feed samples for 3 months and feed distribution records for one
year.
A.5.8. Cleaning and chemicals
The following cleaning applications must be met in the poultry and farms to be
insured:
a) Applying a program for cleaning and disinfection of farm equipment and poultry
units.
b) Fully cleaning and disinfecting all units and equipment at flock shifts, making
fumigation if necessary.
c) Recording cleaning operations in the farm, using fresh water and pressure
washers for cleaning operations.
ç) Cleaning storage tanks and drinking lines physically, making them healthy for use
of human and animal.
d) Licensed and approved chemicals and sanitary materials for use.
e) Keeping all chemicals with their technical labels in a separate locked place.
f) Keeping records of chemical usage.
A.5.9. Animal control
The following controls must be met in the poultry and farms to be insured:
a) Controlling animals at least twice in a day and three times in such periods when
they are stressed.
b) Recording and keeping records of controls in the farm.
c) Correcting and recording any problems diagnosed.
A.5.10. Plans and security operations
The following plan and security operations must be met in the poultry and farms to be
insured:
a) Flock health plan and disease control plan agreed and updated with the farm‟s
veterinary surgeon.
b) Detailed farm plan showing units, access points, telephone points, water sources
and feed, disease control points.
c) Emergency action plan showing the actions to be taken in case of fire, power
failure, equipment failure, hot/cold stress.
ç) Availability of personnel in the farm for 7/24.
d) Control of electrical system by a competent electrician for at least quarterly and a
service contract for electricity system is needed.
e) Placement of electric opening switches/controls in a service area.
f) Full cover of service areas by non-combustible materials.
g) Heaters hung by metal security chain.
ğ) Fuel storage tank should be 25 meters away from poultry units. All exit doors to be
lockable and to be made from non-combustible material.
A.5.11. Emergency Equipment
The following emergency actions must be taken in the poultry and farms to be
insured:
a) Automatic monitoring of all environmental control systems by a video and audible
alarm signaling electric failure, minimum and maximum temperatures and humidity.
b) Vision and sound of the alarm should be audible and seen from outside of the
building.
c) Connection with another control element with pager or telephone.
ç) A service contract for alarm system.
d) All feeders, water bowls, ventilation, heating and lighting systems to be installed by
competent persons and maintained by authorized persons.
e) All fire sprinklers, alarm systems and other automatic-mechanic equipment to be
installed by competent persons and maintained by authorized persons.
f) Daily control of all automatic equipment and repair if necessary.
g) There should be generator/generators in the farm and they should automatically
work and stop.
ğ) Testing the generators under full load once a week and keeping records of the
tests.
h) A service contract is needed for generators.
Article.5.12. Removal of Animals and wastes
The following cleaning and disinfection applications must be applied in poultry and
farms to be insured:
a) Cleaning and disinfecting vehicles before transport of animals and the vehicles
being in good condition.
b) Well-drained loading area for loading and discharging animals.
c) Full cleaning and disinfection of poultry units after evacuation of animals and
arrival of new ones.
ç) Removal of wastes stored in all packages and non-permeable containers from the
farm regularly.
d) Storage of animals to be disposed in non-permeable, sterilized containers and
their removal per one week.
A.6. Inception and Expiry of Insurance Contract
Unless otherwise agreed, insurance starts at the time of issuance of the policy and
expires at the same time on such days written on the policy as inception and expiry
dates.
A.7. Excess Insurance
If the sum insured exceeds value of the insured benefit, part of the insurance over
this value becomes invalid. Agricultural Insurance Pool, who becomes aware of the
situation during insurance period, notifies the insured and reduces part of the sum
insured and premium corresponding to this excess amount and returns the surplus to
the insured.
A.8. Under Insurance
If the sum insured set out on the policy is below value of the insured benefit as of
time of damage, unless there is a contrary contract, Agricultural Insurance Pool is
responsible for the loss in proportion of the sum insured to the insurance value.
B. LOSS and INDEMNITY
B.1. Liabilities of the Insured and Agency in Case of Risk Occurrence
Insurant/insured is obliged to fulfill the following points in case of risk occurrence:
to make claim notification (including the information below) to Insurer/Agency,
Agricultural Insurance Pool or the addresses mentioned in the policy within 24 hours
after became aware of risk:
a) Name, surname and address,
b) Turkish Citizenship Number or insurance policy number,
c) Day and time of risk occurrence,
ç) Reason of loss,
d) Information about damaged animal,
e) Full address of place of risk.
Insurant/insured is obliged to notify the Pool by telephone or fax of all possible
damages to the animals recorded on the policy immediately after the damage and
request a loss adjuster.
The loss adjustment is done by Agricultural Insurance Pool adjusters.
Agricultural Insurance Pool may change the location where notice of claim shall be
given by notifying the insured.
For the payment of fire loss, insured is obliged to provide prosecution final decision
and present to Agricultural Insurance Pool.
B.2. Protection Measures and Recovery
Insurant/insured is obliged to take the necessary precautions in order to prevent loss,
to reduce or mitigate the loss in case of risk occurrence. Within this scope
insurant/insured is obliged;
a) To take necessary precautions together with the veterinary surgeon ,in case
the insured animal is sick or to suffer an accident,
b) To give permission to Agricultural Insurance Pool or the loss adjuster to
investigate/research the insured animals and related documents for
determining the indemnity.
c) To give, all information and documents, which is necessary for determining the
reason of risk occurrence in detail and useful for determining loss amount and
evidences, to Agricultural Insurance Pool or the loss adjuster upon the request
of Agricultural Insurance Pool without any delay.
When an infectious disease is seen the insured has;
a) To separate the sick and healthy animals,
b) To inform sickness to Agricultural Insurance Pool and Ministry of Food,
Agriculture and Livestock province/district offices,
c) To take the necessary precautions determined by the Veterinary Services,
Crop Health, Food and Fodder Law, Law Nr. 5996
d) Not to use or to let to be used, the insured animals apart from the aim
mentioned in the policy and to well look after these animals
e) To take the precautions that Agricultural Insurance Pool has advised after
controls.
B.3. Rights of the Agricultural Insurance Pool In Case of the Risk Occurrence
Agricultural Insurance Pool has the right to control medical condition, qualification,
rearing/feeding conditions of insured animals by employees of Agricultural Insurance
Pool or loss adjusters in a reasonable time if necessary.
Agricultural Insurance Pool may terminate the contract within 8 days from the date of
determination in case the following faults of insurant/insured are determined:
a) Lack of maintenance and clearness of poultries,
b) Failure to get vaccination mentioned in vaccination schedule stated in Tariff
and Instructions
c) Failure or negligence of hygiene and bio-safety measures,
ç) Bad treatment and torture of animals,
d) Failure of maintain and feed,
e) Use of animals beyond the purposes stated in the policy.
B.4. Loss Adjustment
Reason, quality and amount of losses occurred to, insured animals are determined
by Agricultural Insurance Pool or loss adjusters, thereby agreement between parties.
B.5. Calculation of Indemnity
In calculation of indemnity, unit prices written on the policy is taken as basis without
prejudice over insurance and under insurance applications.
Unit sum insured is calculated by multiplying the unit price written on the policy by the
rate of the assessment table corresponding to the age on the date of damage.
Loss not exceeding deductible is not paid.
In calculation of indemnity, the portion of the loss amount that exceeds the deductible
indicated in the policy is taken as basis.
After reducing the deductible calculated over the sum insured (on the date of loss),
co-insurance is calculated over the remaining loss amount and deducted from the
indemnity.
If it is possible to utilize meat, leather and similar parts of animals, the sum for those
parts is deducted from the indemnity as salvage.
The amount of indemnity due and payable is paid upon the deduction of fault rate, if
any, as indicated in the Agricultural Insurance Pool Loss Adjusters report or as
assessed with reference to the content of report.
Calculation of the indemnity is done by taking the deductible, co-insurance and
salvage into the consideration if any, with the manner that has been specified in the
Tariffs and Instructions.
B.6. Payment of Indemnity
Finalized indemnity amount after completion of loss file is paid to insured no later
than 30 days.
On the date of payment, insurant/insured‟s unpaid premiums on all policies debts
which become due and payable may be deducted from the indemnity in accordance
with the statement of the related insurance company.
Indemnity payments shall be done on behalf of insurant/insured through the bank. In
case the indemnity amount returns to Agricultural Insurance Pool‟s account because
of the bank transactions can not be done in necessary time (by insurant/insured);
insured cannot request interest or collateral loss by assuming delay.
Insurant‟s loss due to incorrect or incomplete briefing, shall be indemnified by
insurance company and all sales channels.
B.7. Reduction of Indemnity Sum or Forfeiture of Indemnity Right
In case of any increase in loss amount due to default off insurant/insured after risk
occurrence, excess loss is deducted from indemnity payable.
In case insurant/insured intentionally causes occurrence of certain risks or acts
intentionally to increase loss amount, their rights arising from the contract are lost.
In case, the insured animal intentionally left for death instead of obligatory slaughter,
no indemnity will be paid.
B.8. Results of Loss and Indemnity
Agricultural Insurance Pool legally substitutes the insured in proportion of indemnity
amount and legal rights of the insured arising from the damage against the third
person revert to Agricultural Insurance Pool in proportion of the compensated
indemnity. Insured is obliged to provide such documents and information which is
useful and available for any actions to be substituted to the Agricultural Insurance
Pool.
C. MISCELLANEOUS PROVISIONS
C.1. Payment of Insurance Premium, Start of Pool’s Responsibility and
Delinquency of Insurant
The insurance contract made in the scope of this general conditions shall be done by
the insurance company which is authorized by Agricultural Insurance Pool.
In case it is agreed that insurant/insured shall pay the whole premium debt or a part
of it, the advance payment shall be paid for once the contract has done and handing
over the policy at the latest. Unless otherwise agreed, if premium is not paid or
advance payment is not made, responsibility of Agricultural Insurance Pool does not
start even if the policy has already been delivered and this matter is written on the
front page of the policy.
In case of becoming due in the premium debt, general provisions shall be in force.
C.2. Declaration Obligation of Insurant/Insured while Issuance of the Contract
Agricultural Insurance Pool makes the insurance based on the declarations stated in
preliminary information form and annexes.
Agricultural Insurance Pool may increase the premium price by making risk
inspection if necessary. (Even if the policy has been issued)
In case that the declaration of insurant is false or missing, in any event that the
situation conduce not to make the contract or make in more heavy situations,
Agricultural Insurance Pool may renege on the contract in 15 days or request the
premium difference at the same time by keeping the contract in force.
Agricultural Insurance Pool may control the animals recorded in the policy if
necessary.
If the insured do not pay the demanded premium difference in 10 days, contract shall
be terminated without any notice.
The premium of the reneging and the finalization of termination (except the ones
which pertain to the assurance of the risks that de facto terminated) calculated by
short term and remaining part shall be returned.
If it is identified that insurant/insured gave a false and invalid declaration and this has
an effect on risk occurrence and indemnity amount, Agricultural Insurance Pool may
terminate the contract without indemnity payment even if the risk occurs.
Following risk occurrence, in case the obligation to give notice is violated (neglect of
insurant/insured), if the violation shall adversely affect the indemnity/cost amount or
risk occurrence, indemnity may be reduced according to degree of neglect. If the
defect of insurant is deliberate degree and: there is a connection between the
violation of the obligation to give notice and risk occurrence, indemnity responsibility
of the insurer will be vanished. If there is no connection, insurer will pay the indemnity
according to the ratio of paid premium and payable premium
Right of reneging on the contract or demanding premium difference, shall forfeiture if
not used in time.
C.3. Insurant/Insured’s Obligation of Notice and Results in Insurance Period
If there is a change in the information stated on the policy, insurant/insured is obligor
to notify the matter to Agricultural Insurance Pool at least in 10 days if there is a
reasonable ground.
If the change requires Agricultural Insurance Pool not to land contract or land it under
stricter conditions,
a) Agricultural Insurance Pool might terminate the agreement in 1 month since it‟s
acknowledged about the change or keep the contract in force by requesting the
premium difference,
b) In case that the insurant/insured did not pay the requested premium difference in
10 days, the contract shall be terminated without notice.
c) Premium for the period up to effectiveness date of termination is calculated on
short-term basis and its surplus is returned.
Termination or right to request premium difference, not used within the mentioned
period will be forfeit.
If the change mitigates the risk and requires less premium, Agricultural Insurance
Pool returns the premium difference to be calculated on day basis from date of
change and expiry of contract to insurant.
If the change requires Agricultural Insurance Pool not to land contract or land it under
stricter conditions:
a) Before Agricultural Insurance Pool learns the situation,
b) In the period that Agricultural Insurance Pool might give notice of termination,
c) In the period for the notice of termination shall be in force.
In case risk occurred and even in notice of the change there is negligence or
intention of insurant: there is not any connection between; risk occurrence or the
change required to notice with indemnity, indemnity shall be calculated according to
the ratio of accrued premium and premium should be accrued. In case
insurant/insured intentionally did not notice the change and there is connection
between lack of notice and risk occurrence or indemnity; Agricultural Insurance Pool
may renege on the contract without paying the indemnity. In case the change is
intentionally not noticed and there is a connection between the change and the risk,
insurer may renege on the contract without paying the indemnity. In case there is not
any intention indemnity may be discounted with the ratio of the degree of negligence
of the insurant.
In case no policy issuance after approval of the risk inspection results by Agricultural
Insurance Pool; expenses of risk inspection will be collected from insurance
company.
Insurant‟s cancellation period (without a reason) is 7 days as from policy issue date.
Expenses of risk inspection and loss adjustment will be charged to the insured, if any.
C.4. Multiple Insurances
Insurant/insured can not land an insurance contract with any other insurers for the
same risks to animals.
C.5. Change of Beneficiary
In case of change of beneficiary in any manner during term of the contract and
certification of this change is made by Animal Registration System, the insurance
remains in force and; rights and obligations of the insurant/insured arising from the
contract pass to its new owner as from date of change.
In case of the change is not notified to Agricultural Insurance Pool before the loss
date and the addendum is not issued on the policy, Agricultural Insurance Pool keeps
its rights not to pay the indemnity or not pay the full amount.
C.6. Notifications
Notification Law‟s provisions will be applied in, notifications to be made between both
parties within the scope of this general conditions.
C.7. Confidentiality of Secrets
For the regarding parties, the parties‟ obligation of secrecy and privacy is reserved
under the 5684 no. Insurance -Law, titled with Preserving the Privacy, art. 31/A
C.8. Competent Court
With respect to discrepancy arising from insurance contracts; in case the discrepancy
occurs after the date of membership, application may conduct to Insurance
Arbitration Commission. The decision is certain for both sides up to the amount
stated in Insurance Law no. 5684, twelfth paragraph of Article 30. Further information
about the application to Insurance Arbitration Commission may obtain from
www.sigortatahkim.org.
The courts in residence of the Pool, head office of the insurer or residence of the
agency mediating insurance contract or the place of risk occurrence are authorized in
any actions to be brought against the Pool or insurer due to any disputes arising from
insurance contract and the court responsible for conducting commercial actions in the
place where the defendant resides is authorized in any actions to be brought by the
insurer or Pool or persons authorized by them.
The insurant/insured cannot take legal action without completing the written process
in article B.4.
C.9 Lapse of Time
All claims arising from insurance contract lapse in two years.
C.10 Amendments to be made
Amendments to be made in General Conditions, Tariff & Instructions (no need to
increase premium), may implicate in policy without any addendum in case the
amendments are in favor of insured.
C.11 Enforcement
These general conditions come into force on 01/01/2016.
(*) TARSIM is not liable for the proper and complete translation of the text. In case of any translation
mistake; general and technical conditions written in the original policy language is in force.