Dear Cranford,

1.The case you have mentioned was explicitly set by the Turkish Code of Obligations out in the Art. 44 as :

"the judge may order a reduction on the quantity of compensation or completely set the claim of indemnity aside in cases such as an advance consent or a likely contribution in the occurrence or increase of damage or aggravation of the conditions of the defendant by the injured party."

So the judge is to assess the circumstances and even could reject the suit for damage recovery.

2.In the property insurance , the company becomes legally successor of the claims of the insured in the extent that the recovery was fulfilled.Therefore, the firm is subject to the alleged defences of the litigants' which might be advanced as if those pleas were pleaded against the insured.

Hope this helps.