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convention spéciale v conditions particulières

English translation: policy option vs special conditions

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:convention spéciale v conditions particulières
English translation:policy option vs special conditions
Entered by: B D Finch

13:14 Jul 27, 2013
French to English translations [PRO]
Insurance
French term or phrase: convention spéciale v conditions particulières
I wonder whether anyone can explain the difference between these terms please, which both refer to insurance policy documents. The policy comprises the following: 'conditions générales "entreprises"', 'conventions spéciales dommages', 'conventions spéciales responsabilité civile' 'conditions particulières' and various 'annexes'. The introduction of the 'conditions particulières' contains the following sentence: 'Les Conditions Particulières prévalent sur les Conventions Spéciales qui prévalent elles-mêmes sur les Conditions Générales en cas de contradiction existant entre ces différents éléments constitutifs du contrat'.
Thanks in advance to anyone who is able to explain the difference to me :-)
Sarah Russell
United Kingdom
Local time: 12:47
policy option vs special conditions
Explanation:
"conditions particulières
"In addition to the General Conditions of Insurance (GCI), an insurance policy mentions any specific agreements referred to as special conditions (SC). These may comprise additional insurance or the inclusion or exclusion of particular risks."
http://www.vbv.ch/upload/Lexikon/topi_d.htm

So that leaves "convention spéciale", which is not mentioned in the above glossary, but which sounds like optional cover, chosen from a list of pre-defined options that can be included in the main policy.
Selected response from:

B D Finch
France
Local time: 13:47
Grading comment
Thanks ever so much for this!
4 KudoZ points were awarded for this answer



Summary of answers provided
5express agreement vs particular conditions
Catherine Earle
3 +2policy option vs special conditions
B D Finch
4the explicit conditions of the company prevail over the special conditions
Josephine Cassar
3Special Agreement vs. Particular Insurance Warranties
Adrian MM. (X)


  

Answers


54 mins   confidence: Answerer confidence 5/5
express agreement vs particular conditions


Explanation:
General Conditions, Express Agreement and Particular Conditions name a three-tier hierarchy of liabilities in a liability insurance policy. The general conditions are those liabilities that the policy covers under any circumstance. The list of conditions under Express Agreement includes those liabilities that may be added to the policy coverage, most likely at a higher premium. Finally, the Particular Conditions are those liabilities that the insurer refuses to cover under any circumstance. This is the final list of potential liabilities in the policy.

Catherine Earle
United States
Local time: 06:47
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: conditions particulières invariably translates to "special (terms and) conditions"
1 hr
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58 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
policy option vs special conditions


Explanation:
"conditions particulières
"In addition to the General Conditions of Insurance (GCI), an insurance policy mentions any specific agreements referred to as special conditions (SC). These may comprise additional insurance or the inclusion or exclusion of particular risks."
http://www.vbv.ch/upload/Lexikon/topi_d.htm

So that leaves "convention spéciale", which is not mentioned in the above glossary, but which sounds like optional cover, chosen from a list of pre-defined options that can be included in the main policy.

B D Finch
France
Local time: 13:47
Native speaker of: English
PRO pts in category: 92
Grading comment
Thanks ever so much for this!

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
1 hr
  -> Thanks AT
agree  Daniel Weston
2 hrs
  -> Thanks Daniel
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the explicit conditions of the company prevail over the special conditions


Explanation:
as it is part of the company policy, it seems

Josephine Cassar
Malta
Local time: 13:47
Native speaker of: Native in EnglishEnglish, Native in MalteseMaltese

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: where does it say "of the company"? and how do you get from "particulières" to explicit?
5 mins
neutral  B D Finch: All the conditions in insurance policies ought to be "explicit".
12 mins
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Special Agreement vs. Particular Insurance Warranties


Explanation:
In EN contract law, conditions are major and warranties are minor.
In Insurance, the meaning is REVERSED. I expected to see more analysis of this point.

A representation or warranty may not be given only by the insured party: see the example sentence.

'Les Conditions Particulières prévalent sur les Conventions Spéciales qui prévalent elles-mêmes sur les Conditions Générales en cas de contradiction existant entre ces différents éléments constitutifs du contrat'

The Insurance Warranties prevail over the Special Agreements which themselves prevail over the General Conds. if there is a conflict between these various consituent parts of the Contract.

They are not the Schedule as in the first web ref. Those are the annexes.

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Note added at 7 hrs (2013-07-27 21:00:41 GMT)
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Insurance Warranty (MBI) – this is underwritten by an insurance company and is an agreement that the insurance company will indemnify the policyholder...

Example sentence(s):
  • this is underwritten by an insurance company and is an agreement that the insurance company will indemnify the policyholder

    Reference: http://www.proz.com/kudoz/french_to_english/law%3A_contracts...
    Reference: http://wiki.answers.com/Q/Difference_between_condition_a_war...
Adrian MM. (X)
Local time: 13:47
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 66
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