Glossary entry (derived from question below)
English term or phrase:
waiver of subrogation endorsement
French translation:
acceptation (du principe) de la renonciation à la subrogation
- The asker opted for community grading. The question was closed on 2018-04-06 07:54:09 based on peer agreement (or, if there were too few peer comments, asker preference.)
Apr 3, 2018 00:39
6 yrs ago
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English term
France
waiver of subrogation endorsement
English to French
Law/Patents
Real Estate
Contrat de gestion immo
Owner shall obtain endorsements naming Manager as an additional insured in Owner’s commercial general liability policies and a waiver of subrogation endorsement in favor of Manager.
Proposed translations
(French)
| 4 -1 | acceptation (du principe) de la renonciation à la subrogation |
FX Fraipont (X)
|
| 4 | amendement / avenant [] accordant la renonciation à la subrogation en faveur de |
Daryo
|
References
| What Is an Insurance Endorsement? |
Daryo
|
Proposed translations
-1
5 hrs
Selected
acceptation (du principe) de la renonciation à la subrogation
"En droit des obligations, la subrogation personnelle est l'opération par laquelle un tiers paie le créancier à la place du débiteur, et se substitue au créancier dans le rapport d'obligation à hauteur de son paiement. La subrogation personnelle peut résulter d'un contrat ou de la loi."
https://fr.wikipedia.org/wiki/Subrogation_personnelle_en_dro...
"Les clauses d'assurance et la renonciation à la subrogation : la vision ...
http://www.revueassurances.ca/les-clauses-dassurance-et-la-r...
Les clauses d'assurance et la renonciation à la subrogation : la vision distincte des tribunaux québécois par Nicholas Krnjevic ... ni son assureur subrogé n'ont le droit de poursuivre le locataire en dommages relativement à toute perte qui serait ou aurait dû être couverte par l'assurance prévue au bail."
https://fr.wikipedia.org/wiki/Subrogation_personnelle_en_dro...
"Les clauses d'assurance et la renonciation à la subrogation : la vision ...
http://www.revueassurances.ca/les-clauses-dassurance-et-la-r...
Les clauses d'assurance et la renonciation à la subrogation : la vision distincte des tribunaux québécois par Nicholas Krnjevic ... ni son assureur subrogé n'ont le droit de poursuivre le locataire en dommages relativement à toute perte qui serait ou aurait dû être couverte par l'assurance prévue au bail."
4 KudoZ points awarded for this answer.
Comment: "Merci FX."
18 hrs
English term (edited):
waiver of subrogation endorsement [of an insurance policy] in favor of
amendement / avenant [] accordant la renonciation à la subrogation en faveur de
waiver of subrogation endorsement [of an insurance policy] in favour of "X"
=
an "endorsement" to the insurance policy by which the party "X" is given a "waiver of subrogation" by the insurer.
amendement / avenant [au contrat d'assurance] accordant la renonciation à la subrogation en faveur de ...
The concept of subrogation
According to International Risk Management Institute (IRMI), subrogation means “The assignment to an insurer by terms of the policy or by law, after payment of a loss, of the rights of the insured to recover the amount of the loss from one legally liable for it.” When an insurance company pays a claim, they always investigate the possibility of recouping those monies. That possibility is referred to as “subrogation”. If there is another party either directly involved in the claim, or shares responsibility for the loss happening and the insurance company can prove it, they will initiate subrogation against that other party after they have paid it.
...
So what’s a “waiver”?
Now that we’ve covered the concept of Subrogation, let’s consider a Waiver of Subrogation.
If the option to subrogate is commonly written into most insurance policies and is a “right” that the insurance companies like to retain, how would we go about getting them to “give up” that right, or refrain from pursuing subrogation against specific parties? You would ask the insurance company to add a “Waiver of Subrogation” endorsement to your policy in favor of those specific parties.
...
https://www.mycoitracking.com/blog/what-is-waiver-of-subroga...
=
an "endorsement" to the insurance policy by which the party "X" is given a "waiver of subrogation" by the insurer.
amendement / avenant [au contrat d'assurance] accordant la renonciation à la subrogation en faveur de ...
The concept of subrogation
According to International Risk Management Institute (IRMI), subrogation means “The assignment to an insurer by terms of the policy or by law, after payment of a loss, of the rights of the insured to recover the amount of the loss from one legally liable for it.” When an insurance company pays a claim, they always investigate the possibility of recouping those monies. That possibility is referred to as “subrogation”. If there is another party either directly involved in the claim, or shares responsibility for the loss happening and the insurance company can prove it, they will initiate subrogation against that other party after they have paid it.
...
So what’s a “waiver”?
Now that we’ve covered the concept of Subrogation, let’s consider a Waiver of Subrogation.
If the option to subrogate is commonly written into most insurance policies and is a “right” that the insurance companies like to retain, how would we go about getting them to “give up” that right, or refrain from pursuing subrogation against specific parties? You would ask the insurance company to add a “Waiver of Subrogation” endorsement to your policy in favor of those specific parties.
...
https://www.mycoitracking.com/blog/what-is-waiver-of-subroga...
Reference comments
16 hrs
Reference:
What Is an Insurance Endorsement?
What Is an Insurance Endorsement?
How an insurance rider or endorsement works
Understanding what is an insurance endorsement to a policy
•••
BY MILA ARAUJO Updated March 29, 2018
An insurance endorsement is an amendment or addition to an existing insurance contract which changes the terms or scope of the original policy. Endorsements may also be referred to as riders. An insurance endorsement may be used to add, delete, exclude or otherwise alter coverage. An insurance endorsement may be issued mid-term, at the time of purchase, or at renewal. The insurance endorsement is a legally binding amendment to the insurance contract.
What is the purpose of an insurance endorsement?
The purpose of an endorsement is a policy change. Insurance companies create endorsements to offer options to insureds to add coverage or increase coverage limits, but insurers may also issue special endorsements to limit or restrict coverage. Insurance endorsements are used in property and casualty insurance. You may have endorsements issued on home, renters, condo, automobile and watercraft insurance policies, among others.
...
https://www.thebalance.com/insurance-endorsement-or-rider-26...
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Note added at 17 hrs (2018-04-03 18:19:21 GMT)
--------------------------------------------------
Waiver of Subrogation: What Does It Mean To You?
What is subrogation? In the insurance context, subrogation is defined as “... [t]he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy” Lee R. Rugg, Couch On Insurance § 222.2, at 222-14 (3d ed.2000). In layman’s terms, subrogation occurs when an insurer pays an insured for a loss caused by a third party. The insurance company is then “subrogated” – or steps into the shoes of the insured – to sue that third party for the loss suffered by the insured. In short, the insurance company pays its insured to make the insured whole. The insurer, to make itself whole, then has the right to sue the third-party that caused the damage.
...
Despite this generally universal insurance policy term, often times commercial contracts between parties (not the insurer) will include “waiver of subrogation” provisions. These are most often found in construction and lease contracts. A waiver of subrogation provision prevents the insurance company (who steps into the shoes of the insured after it pays a loss) from suing the other party to the contract – which likely caused the loss. Moreover, waiver of subrogation provisions found in contracts are generally upheld by Courts.
http://www.hf-law.com/news-events/news/waiver-of-subrogation...
How an insurance rider or endorsement works
Understanding what is an insurance endorsement to a policy
•••
BY MILA ARAUJO Updated March 29, 2018
An insurance endorsement is an amendment or addition to an existing insurance contract which changes the terms or scope of the original policy. Endorsements may also be referred to as riders. An insurance endorsement may be used to add, delete, exclude or otherwise alter coverage. An insurance endorsement may be issued mid-term, at the time of purchase, or at renewal. The insurance endorsement is a legally binding amendment to the insurance contract.
What is the purpose of an insurance endorsement?
The purpose of an endorsement is a policy change. Insurance companies create endorsements to offer options to insureds to add coverage or increase coverage limits, but insurers may also issue special endorsements to limit or restrict coverage. Insurance endorsements are used in property and casualty insurance. You may have endorsements issued on home, renters, condo, automobile and watercraft insurance policies, among others.
...
https://www.thebalance.com/insurance-endorsement-or-rider-26...
--------------------------------------------------
Note added at 17 hrs (2018-04-03 18:19:21 GMT)
--------------------------------------------------
Waiver of Subrogation: What Does It Mean To You?
What is subrogation? In the insurance context, subrogation is defined as “... [t]he principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy” Lee R. Rugg, Couch On Insurance § 222.2, at 222-14 (3d ed.2000). In layman’s terms, subrogation occurs when an insurer pays an insured for a loss caused by a third party. The insurance company is then “subrogated” – or steps into the shoes of the insured – to sue that third party for the loss suffered by the insured. In short, the insurance company pays its insured to make the insured whole. The insurer, to make itself whole, then has the right to sue the third-party that caused the damage.
...
Despite this generally universal insurance policy term, often times commercial contracts between parties (not the insurer) will include “waiver of subrogation” provisions. These are most often found in construction and lease contracts. A waiver of subrogation provision prevents the insurance company (who steps into the shoes of the insured after it pays a loss) from suing the other party to the contract – which likely caused the loss. Moreover, waiver of subrogation provisions found in contracts are generally upheld by Courts.
http://www.hf-law.com/news-events/news/waiver-of-subrogation...
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