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166 months ago

Kate (a guest user) asked this question:

Language pair:

French > English

Subject:

Other

Level of diffculty:

Easy / medium

Word or term in question:

compétent

Context:

dès lors qu'il n'y a pas d'interruption entre deux garanties successives

Keywords:

et que la réclamation est adressée à l'assuré ou à son assureur avant l'expiration du délai subséquent de la garantie initiale, l'un des deux assureurs est nécessairement compétent et prend en charge la réclamation --- would you say "competent"? or..."liable", maybe? this is not in a legal context, we're talking about insurance here. thx

 

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Complete list of answers and comments

166 months ago

Ginette Miranda  See profile wrote:

competent

My references:

http://en.wikipedia.org/wiki/Competence_(law)

166 months ago

Ginette Miranda  See profile wrote:

concerned

My comment:

"is automatically concerned" in the sense of 'involved'

166 months ago

Ginette Miranda  See profile wrote:

Capable

166 months ago

MACVieira  See profile wrote:

one of the two insurers will necessarily be contractually responsible and shall undertake the ...

My comment:

Competent is not, that's for sure.
I would add "contractually" to "responsible", because that is the meaning here.
When drafting contracts, especially in England, one would say that the insurer:
- "shall be responsible for" or "undertakes responsibility"
or
- shall be held liable.

Responsible is usually utilised when we are discussing the potential of being held liable under the conditions of a contract, whilst "liable" is mostly used within the context of the protected event/disaster having already taken place, more in line with legal consequence.
I know the difference is not all that clear unless you work with contractual law all the time, but this is the normal usage.
In the case of your paragraph, it seems to discuss the coexistence of two insurance policies during the discussed period and the responsibility of one of the insurers should an insured event take place. Under your paragraph, this consequence would be that one of the two insurers would have to honour the agreed coverage.

Comments by other colleagues on this answer:

166 months ago

  See profile wrote:

Yes, responsible

166 months ago

  See profile wrote:

Yes, responsible

The asker rated this answer best

166 months ago

MACVieira  See profile wrote:

is, by necessity, qualified

166 months ago

MACVieira  See profile wrote:

is the relevant insurance company

My comment:

liable in French is ONLY responsable.
Perhaps a legal dictionary is needed...When insurance companies handle things, one cannot say they are liable....

One of the two companies will be the relevant one and will handle the claim