[...] shall be paid to the Insured, unless and until [...] [Legal contract]

Burak

New Member
Turkish
Hi All,

I'm supposed to translate the paragraph quoted hereunder :

all other losses hereunder shall be paid to the Assignee except that claims (or the aggregate of claims) in respect of any one accident not exceeding USD 100.000 including any deductible of franchise shall be paid to the Insured, unless and until the (Insurer(s)) (Underwriter(s)) receive notice from the Assignee to the contrary, whereupon all such insurance proceeds shall be paid directly to the Assignee for distribution by it firstly to itself and/or to its order.

however, i couldn't entirely understand, especially the fraction ending with "Insured, unless"..

Thank you in advance...



 
  • Burak

    New Member
    Turkish
    Hi nzfauna,
    First of all thank you for your quick reply..

    "Assignee will be paid for all other losses hereunder" it says
    but right after it continues as follows
    "including any deductible or franchise shall be paid to the Insured"
    therefore i am a little confused who will be paid ? Assignee or Insured ? :(
     

    languageGuy

    Senior Member
    USA and English
    all other losses are paid to the Assignee except that claims of any one accident (not exceeding USD 100.000 including any deductible of franchise) shall be paid to the Insured, unless we receive notice from the Assignee to the contrary, whereupon all such insurance proceeds shall be paid directly to the Assignee.

    So assignee gets paid everything, except for one accident. The insured is paid for that one accident, unless the insurer is instructed otherwise.

    Hope this helps.
     

    Burak

    New Member
    Turkish
    all other losses are paid to the Assignee except that claims of any one accident (not exceeding USD 100.000 including any deductible of franchise) shall be paid to the Insured, unless we receive notice from the Assignee to the contrary, whereupon all such insurance proceeds shall be paid directly to the Assignee.

    So assignee gets paid everything, except for one accident. The insured is paid for that one accident, unless the insurer is instructed otherwise.

    Hope this helps.
    Thank you very much languageGUY;
    a last question about this :
    the amount of the accident subject to payment to Assignee should not exceed USD 100.000 including deductible or franchise... am i right?
     

    JamesM

    Senior Member
    The original text is confusing, unless it was copied incorrectly. In the U.S. we separate thousands and millions (and above) using commas. We use the decimal point to indicate cents. "100.000" does not look like the way a dollar amount would be represented in AE. I believe it is supposed to be one hundred thousand dollars ("100,000") in this context, not one hundred dollars as languageGuy understandably read it.
     
    Last edited:

    panjandrum

    Occasional Moderator
    English-Ireland (top end)
    A bit of standard advice to anyone involved in translating or interpreting contracts or other legal documents.

    Do not assume that anything you read here is correct, or accurately represents the legal meaning of the original text. Take legal advice that is competent in the relevant jurisdiction(s) or you could be making a very expensive mistake.
     

    Polixenes

    Member
    English - English
    all other losses are paid to the Assignee except that claims of any one accident (not exceeding USD 100.000 including any deductible of franchise) shall be paid to the Insured, unless we receive notice from the Assignee to the contrary, whereupon all such insurance proceeds shall be paid directly to the Assignee.

    So assignee gets paid everything, except for one accident. The insured is paid for that one accident, unless the insurer is instructed otherwise.

    Hope this helps.
    Sorry, that's not the right explanation.

    The Assignee should be paid in respect of any and all claims where the claim value* exceeds $100,000 (or $100.00 depending on which typographical error occurred).

    The Insured will receive payment in respect of any claims of value less than $100,000. But the Assignee has the right to assert that all payments should be made to it, irrespective of the value, thus over-riding the Insured's right to be paid under the policy.


    *The phrase "including any deductible of franchise" conveys to us that the claim value is measured "from the ground up" and is not limited to just the amount payable under the insurance policy.
     

    Polixenes

    Member
    English - English
    I should also add that I am interpreting this as an insurance professional, and I would reiterate Panjandrum's excellent advice never to rely on a natural reading of the terms of an insurance contract.


    For example, the legal wrangling over what the words "actually paid" mean in the context of an insurance contract under English Law has cost an awful lot of money considering most of us would think the answer is obvious!
     
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