This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. French to English
  3. Insurance

délégation d’assurance

English translation: freedom/right to choose insurance (providers)

07:57 May 20, 2019
French to English translations [PRO]
Bus/Financial - Insurance
French term or phrase: délégation d’assurance
This text is about the mortgage insurance market in France. Recent legislation allows borrowers to choose an insurer other than their bank, provided the level of coverage is equivalent. In French this is called "délégation d’assurance," and this term appears throughout the text. So far, I've been explaining it -- the right to choose an insurer other than the lender or something in that line, but I'm wondering if I can call it something else.

L’ouverture du marché vers la ***délégation d’assurance*** est inéluctable. C’est le résultat de 10 ans de lois qui se sont succédées pour déverrouiller un segment encore largement trusté par les banques.
La loi Lagarde ouvre la possibilité pour l’emprunteur de refuser l’assurance proposée par la banque au profit d’une assurance présentant un niveau de garantie équivalent (délégation d’assurance).
tatyana000
Local time: 18:09
English translation:freedom/right to choose insurance (providers)
Explanation:

Délégation d'assurance is to be understood by reference to what was happening before the Lagarde law, when, as a borrower, you had to accept the insurance your lender chose to back your loan.

The law now makes it compulsory for lenders to let borrowers choose their insurance cover elsewhere (there are conditions, the most important of which being that the conditions of the cover, but not the premium, must be appropriate and agreed by the lender). That’s what they mean by délégation here: to delegate to the borrower the power to sign a contract independently, i.e. go and see another insurance provider, even from a competing banking/insurance group. Cf. “ Délégation de compétence, de pouvoir(s)” ( https://www.cnrtl.fr/definition/délégation).

I've found US examples of "freedom/right to choose insurance", which appear to cover this provision of the Lagarde law, although they don't appear to mention the fact that lenders have a right to oppose the insurance cover if its terms are not thought to be appropriate.

See for example: https://www.eprmg.net/StateGuidelines/KS/FreedomToChooseInsu...

Also: ARIZONA NOTICE TO CHOOSE INSURANCE PROVIDER (https://www.remnwholesale.com/wp-content/uploads/2012/12/AZ-...

They call it an "anti-coercion disclosure form" in Arkansas: https://www.remnwholesale.com/wp-content/uploads/2012/12/AK....

More of these here: https://www.remnwholesale.com/state-specific-disclosures/
Selected response from:

Ph_B (X)
France
Local time: 18:09
Grading comment
Thank you
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2freedom/right to choose insurance (providers)
Ph_B (X)
4 +1right to choose/source comparable/adequate assurance
Caroline Marsh
4untying
philgoddard
4outsourcing insurance
Julie Barber
3 +1delegation of insurance
James Roden
3delinking (captive mortage) insurance; (otherwise) policy assignment
Adrian MM.


Discussion entries: 2





  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
untying


Explanation:
I don't have any particular references for this - it's just my suggestion.

--------------------------------------------------
Note added at 31 mins (2019-05-20 08:29:08 GMT)
--------------------------------------------------

Interestingly, "desligar" means untie in Spanish and Portuguese.

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 129

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Right principle but I'm not sure whether it's an industry term
1 day 1 hr
Login to enter a peer comment (or grade)

32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
outsourcing insurance


Explanation:
Based on your explanation it seems that until recently were not allowed to go elsewhere and now the new law allows for the insurance coverage to be "outsourced" from the bank.

What Is Outsourcing?
Outsourcing is the business practice of hiring a party outside a company to perform services and create goods that traditionally were performed in-house by the company's own employees and staff. Outsourcing is a practice usually undertaken by companies as a cost-cutting measure. As such, it can affect a wide range of jobs, ranging from customer support to manufacturing to the back office
https://www.investopedia.com/terms/o/outsourcing.asp

--------------------------------------------------
Note added at 33 mins (2019-05-20 08:30:51 GMT)
--------------------------------------------------

* that should read until recently borrowers were not allowed etc

--------------------------------------------------
Note added at 37 mins (2019-05-20 08:34:48 GMT)
--------------------------------------------------

you can also find other examples of this in French such as the outsourcing of public/state services to the private sector:

Les délégations de service public : définition et régime

La délégation de service public permet aux collectivités publiques de bénéficier des compétences et du capital du secteur privé et donc c'est déjà une forme de partenariat entre les personnes privées et les personnes publiques. Le terme de concession renvoie au privé et la présence du service public suppose l’autorité de l'administration. La concession de service public veut donc organiser le service public et une activité purement commerciale.
http://www.cours-de-droit.net/les-delegations-de-service-pub...

Julie Barber
United Kingdom
Local time: 17:09
Works in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: This doesn't make sense in the context. This is about consumers (presumably the word missing from your first sentence), not companies.
8 mins
  -> It makes perfect sense. Insurance was until now provided in-house by the banks, now it can be given to third parties and hence outsourced from the banks. Untying would work well in the next sentence, not this one
neutral  Ph_B (X): It is not "outsourcing" as such. That would mean the bank commissions a third entity to manage the insurance (as a co. could e.g. have its invoicing done elsewhere), whereas in this case, it is the insured that takes out a policy with someone else.
42 mins
  -> Thanks. Although the notion seems clear to me but if there are concerns about how it is perceived (ie contracting out) then "externalisation" could be an alternative
neutral  AllegroTrans: Nothing is being outsourced
1 day 1 hr
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
delegation of insurance


Explanation:
Purely because I have found one source for this solution (albeit in a fairly lazily translated corporate document) and no solid sources for other solutions specifically for this expression in this context. It's from the reports of an insurer back in 2008, before the Lagarde reform came in, but perhaps there was still a market for that back then, it just wasn't compulsory for the banks to consider the request.

EN websites and documents talking about the mortgage insurance situation in France generally or making specific reference to the Lagarde law seem to just dance around the concept, saying that you can take out insurance with an alternative provider, or your bank should allow you to seek out external insurance... etc. much like you have been doing so far.

It is clunky and unnatural in TL but it might still be a solution, it sticks like glue to SL which might be just the thing when describing a specific practice that has become mainstream due to a reform law, in which the ordinary meaning of words like 'outsourcing' might just get in the way of making an unambiguous reference to that practice.

One sub-solution of this, that might absolve you of the uncomfortable expression and - if only once in the text - attempt to emulate the SL term, might be to just put it in quote marks.

Example sentence(s):
  • Credifid vise le marché de la délégation d’assurance (assurances emprunteurs individuels déconnectés du contrat groupe de l’établissement prêteur)
  • CNP Assurances aims to use Credifid to gain a foothold in the delegation of insurance market (individual borrowers take out insurance with a different organism from that which provided them with the loan)

    https://www.cnp.fr/le-groupe-cnp-assurances/newsroom/publications/2008/analyste-investisseur/resultats/rapport-de-gestion-resultats-annuels
    https://www.cnp.fr/en/the-cnp-assurances-group/newsroom/publications/20182/investor-analyst/results/report-of-the-executive-board-2008-resul
James Roden
France
Local time: 18:09
Works in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Ph_B (X): safe translation (under Lagarde law, lenders delegate to clients the power to choose the insurer they want), esp. if in quote marks and followed by a short explanation, as in your example. And keep the French?
4 mins
neutral  philgoddard: But there is no delegation involved. And, as you say, this is one person's second-rate translation - e.g. "organism".
26 mins
  -> True. The document is not well translated and delegation is not quite right in EN, but the meaning is not a million miles away and with quote-marks we indicate the calque. In any event it may just be the least worst option.
neutral  AllegroTrans: nothing is being delegated so this would be confusing
1 day 17 mins
  -> Per Ph_B's suggestion, is it not the power/responsability to negotiate a contract of insurance that is being delegated, from bank to client?
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
delinking (captive mortage) insurance; (otherwise) policy assignment


Explanation:
Having had hands-on experience - many years ago at a City law firm - of in/ endorsing (rubber-stamping) life policy assignments for a building society or bank mortgage loan (the first idea that occurred to me), I am taking a mixture of Phil G's and Julie B's ideas.

--------------------------------------------------
Note added at 4 hrs (2019-05-20 12:28:22 GMT)
--------------------------------------------------

*switching* from captive to independent ins. co. candor.insurance/blog/switching-captive-independent-insurance-agent-success-story/

Example sentence(s):
  • De-linking | Mortgage Introducer This means that the insurance would cost them a significant amount more over the term of the loan and would pay a high upfront commission

    Reference: http://www.mortgageintroducer.com/de-linking
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  Ph_B (X): Can't comment on "delinking", but can you speak of "policy assignment", when the bank is not a party to the insurance policy?/Still, overtranslation here?...
1 hr
  -> Another good point but 1. I prefixed 'otherwise' as assignment or factoring is the 'normal' translation of délégation plus 2. in my experience, the bank or B.Soc becomes a party (assignee) to the ins. pol. by assignment of a 'chose in action' in writing.
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
freedom/right to choose insurance (providers)


Explanation:

Délégation d'assurance is to be understood by reference to what was happening before the Lagarde law, when, as a borrower, you had to accept the insurance your lender chose to back your loan.

The law now makes it compulsory for lenders to let borrowers choose their insurance cover elsewhere (there are conditions, the most important of which being that the conditions of the cover, but not the premium, must be appropriate and agreed by the lender). That’s what they mean by délégation here: to delegate to the borrower the power to sign a contract independently, i.e. go and see another insurance provider, even from a competing banking/insurance group. Cf. “ Délégation de compétence, de pouvoir(s)” ( https://www.cnrtl.fr/definition/délégation).

I've found US examples of "freedom/right to choose insurance", which appear to cover this provision of the Lagarde law, although they don't appear to mention the fact that lenders have a right to oppose the insurance cover if its terms are not thought to be appropriate.

See for example: https://www.eprmg.net/StateGuidelines/KS/FreedomToChooseInsu...

Also: ARIZONA NOTICE TO CHOOSE INSURANCE PROVIDER (https://www.remnwholesale.com/wp-content/uploads/2012/12/AZ-...

They call it an "anti-coercion disclosure form" in Arkansas: https://www.remnwholesale.com/wp-content/uploads/2012/12/AK....

More of these here: https://www.remnwholesale.com/state-specific-disclosures/

Ph_B (X)
France
Local time: 18:09
Specializes in field
Native speaker of: French
PRO pts in category: 28
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: This is the only answer that claerly states what the term means
20 hrs
  -> Thank you.
agree  Caroline Marsh: I agree with this and would perhaps qualify the term "right to choose (or to source) comparable insurance" to reflect the fact that banks can refuse the insurance if its terms are not adequate.
3 days 1 hr
  -> You're absolutely right and I hope tatyana000 will take this into account. Do post this as an answer.
neutral  Adrian MM.: 'and this term appears throughout the text....' Practical query to the asker, namely whether this will work as a 'snappy' rendering in every context. //But you are a native speaker. albeit of French. End-clients gen. want a consistent, 'one-size-fits-all'
3 days 3 hrs
  -> Safer (for me!) to leave it to native speakers.
Login to enter a peer comment (or grade)

3 days 7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
right to choose/source comparable/adequate assurance


Explanation:
I agree with Ph_B and would perhaps qualify the term "right to choose (or to source) comparable insurance" to reflect the fact that banks can refuse the insurance if its terms are not adequate

--------------------------------------------------
Note added at 3 days 7 hrs (2019-05-23 15:23:11 GMT)
--------------------------------------------------

Actually, I might also add in "third party" between "comparable" and "insurance"

Caroline Marsh
France
Local time: 18:09
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Ph_B (X)
25 mins
neutral  Adrian MM.: 'and this term appears throughout the text....' A practical consideration for the asker, namely whether this will work as a 'snappy' rendering every time. //Indeed. In my experience, agency & end-clients gen. want a single, consistent 'one-size-fits-all'
1 hr
  -> Not snappy until you make the choices of course and then at least snappier! " Right to choose comparable third party insurance" "Right to source adequate third party insurance" or permutations thereof. "Appropriate" may be another substitute for "compar
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search