mobiliser la garantie

English translation: MAKE A CLAIM

14:09 Jun 24, 2020
French to English translations [PRO]
Bus/Financial - Insurance
French term or phrase: mobiliser la garantie
An airport is trying to claim under a policy for loss of rent from its shops during the Covid crisis period. AAA is the airport, BBB is the insurer. "PE" stands for perte d'exploitation.

In the archives and elsewhere I see people favouring the expression "call the guarantee". But to me, not an insurance specialist, it appears to fit pretty well with "make a claim under the guarantee/policy". Except for the 4th excerpt here, where the insurer, BBB, is the one doing the mobilisant, and where the meaning would appear to be "allow a claim".

"Nous faisons suite à nos précédents échanges dans ce dossier dans lequel vous nous interrogez sur la possibilité pour l’Aéroport de AAA de mobiliser les garanties souscrites auprès de BBB afin d’obtenir, à la suite de la pandémie de Covid-19, l’indemnisation (a) de ses pertes d’exploitation et (b) des pertes des loyers des boutiques de l’aéroport."

"Pour prétendre mobiliser cette garantie, l’assuré devrait selon nous (1) établir qu’il est légalement privé de ses loyers (2) et que cette privation légale résulte d’un dommage matériel."

"Pour prétendre mobiliser cette garantie « Perte de loyers », l’assuré doit établir qu’il a été légalement privé des loyers qui lui étaient dus."

Here the meaning seems to be "allow a claim under the guarantee":
"Surtout et pour pouvoir prétendre mobiliser la garantie « Perte de loyers », BBB devrait pouvoir exiger de l’assuré qu’il démontre que cette perte de loyers est la conséquence d’un dommage matériel."

"Traditionnellement, la mobilisation de la garantie PE est conditionnée à la caractérisation d’un dommage matériel, étant souligné que dans le cas présent aucun dommage matériel n’est avéré."
Mpoma
United Kingdom
Local time: 16:17
English translation:MAKE A CLAIM
Explanation:
The asker has requested that someone suggests this so that he can choose it and get it into the glossary.
I'm happy to oblige and hope no one minds
Selected response from:

SafeTex
France
Local time: 17:17
Grading comment
Thanks!
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +3trigger/ing the cover/age
Adrian MM.
5MAKE A CLAIM
SafeTex
4validate the cover[age]
Chris Pr
4see suggestions below
AllegroTrans
3to claim to use the guarratee
Juan Arturo Blackmore Zerón
4 -2obtain/seek/have coverage; omit "mobilize"
Eliza Hall


Discussion entries: 30





  

Answers


32 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
trigger/ing the cover/age


Explanation:
First of all, garantie means cover/age in insurance and, secondly, overusing or flogging a vague French term like mobiliser for 'setting in motion' the policy, raising funds or even redeeming bonds can backfire on the insurer.

The reason is that any *ambiguity* of ins. and reins. terms will always be construed by the courts, English or otherwise, contra proferentem - namely against the insurer as the profferor/ offeror of the contract, ins. cert. or policy.

Triggering the coverage could be used even if it is the insurers who are doing the 'mobilisation', namely to recover from their own underwriters at Lloyds or other reinsurer.

PS no need again for anyone to lift and reword this answer- otherwise, my dog Trigger will get very upset....



Example sentence(s):
  • Coverage Trigger — the event that must occur before a particular liability policy applies to a given loss

    Reference: http://iate.europa.eu/search/standard/result/1593007852178/1
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Notes to answerer
Asker: Yes, I should have said that I was aware <i>garantie</i> means cover when it refers to the thing not written on paper. One of the reasons why I had a suspicion "call the guarantee" to be a bit dodge.


Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: What triggers insurance coverage is either the occurrence of a covered event (e.g. a car crash) or the filing of a claim, depending on the type of insurance: https://www.irmi.com/term/insurance-definitions/coverage-tri...
26 mins
  -> Not in the UK and far too narrow a definition-

agree  philgoddard: This is fine, though I would translate it differently each time to avoid repetition.
44 mins
  -> Thanks and merci!

agree  ph-b (X): See discussion./OK, thanks.
47 mins
  -> Merci and thanks! // Triggering the cover/age - meant as a general header or category, so more like a present participle than a gerundive----

agree  AllegroTrans: 'cover' for UK
1 hr
  -> Thanks, AT.

agree  SafeTex: it's true there is already cover but I can't see a better suggestion than "trigger" and it has a good reference
2 hrs
  -> Thanks. Dictionaries are traditionally little help: mobilisation des créances > credit lines confirmed! PS My Bar Exam lecturer used to deduct marks for 'scattergun' answers// Post your invoke or asker's activate idea. I couldn't get past 'enlist' ....
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
to claim to use the guarratee


Explanation:
My opinion.

Juan Arturo Blackmore Zerón
Mexico
Local time: 11:17
Works in field
Native speaker of: Spanish

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: basically right idea, totally wrong terminology and wrong spelling
1 hr

neutral  Eliza Hall: As AllegroTrans said.
1 day 3 hrs
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
validate the cover[age]


Explanation:
Might be an alternative...
Rendering the cover as active vs. dormant...
'Trigger', imho, would apply more to a single clause in an agreement, whereas validate implies 'bring into full force'....

Chris Pr
United Kingdom
Local time: 16:17
Native speaker of: Native in EnglishEnglish
Login to enter a peer comment (or grade)

1 day 21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
see suggestions below


Explanation:
Whilst I don't diasagree with Adrian's suggestion, I don't think there is a "one fits all" term for "mobiliser" and I certainly agree with his comment about "flogging" the French term. He calls it "vague" but I see it as French precision. However, we simply don't use English in the same way here.

So my suggestions for the three examples in Mpoma's text are:

1. ...to allow a claim under the cover.....
2. ...for a claim to be allowed...
3. ...to claim under this "loss of rent" cover

The problem lies in trying too hard to substitute an English vern for "mobiliser" and it doesn't really work


AllegroTrans
United Kingdom
Local time: 16:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 130

Peer comments on this answer (and responses from the answerer)
neutral  ph-b (X): There is no suggestion of (not) allowing the claim in M's text, 'though it is of course what it boils down to. The airport/insured is always the subject of mobiliser (even though the drafting of number 4 could be improved). OK with 3 ("cl. under").
3 hrs
  -> Well, this is how I think the scenario would be worded in UK English and that we would not use a specific verb for "mobiliser"
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
obtain/seek/have coverage; omit "mobilize"


Explanation:
I would use slightly different translations for the various instances of "mobiliser," some without anything to replace that verb (because the word "coverage" is sufficient in some cases). See below.

Adrian is right that garantie = coverage, but the verb isn't "trigger." What "triggers" insurance coverage is the occurrence of a covered loss, such as a fire, tornado, roof collapse etc. (or for COVID, the contamination of the premises by the virus, etc.). Once that happens -- and then, with claims-made insurance, once the insured has also filed a claim -- coverage is "triggered." What we're talking about here isn't a triggering event, but an attempt by the insured to get their insurer to admit that this claim is valid and will be paid.

I would translate like so:

- "la possibilité pour l’Aéroport de AAA de mobiliser les garanties souscrites auprès de BBB": ...the possibility for... [AAA] to obtain coverage under its policy with BBB...

- "Pour prétendre mobiliser cette garantie, l’assuré devrait...": to have a claim under this coverage, the insured should...

- "pour pouvoir prétendre mobiliser la garantie « Perte de loyers », BBB devrait pouvoir exiger de l’assuré...": in order for [«P.d.l.»] coverage to potentially apply, BBB should be able to require the insured to...

"la mobilisation de la garantie PE est conditionnée à ...": BI* coverage is conditioned upon...

* BI coverage = business interruption coverage, the EN insurance term for garantie perte d'exploitation


--------------------------------------------------
Note added at 2 days 4 hrs (2020-06-26 18:16:45 GMT)
--------------------------------------------------

Here are some links showing that "seek coverage" (or "seek cover" in UK/India/China/etc. English) can mean asking your insurer to pay a claim under your existing policy. It does have a colloquial meaning of "shopping for insurance," but that is not the only meaning of the term.

These are all in Mpoma's exact context (business interruption claims filed due to the COVID-19 pandemic):

"101 lawsuits have been filed as of Wednesday seeking coverage from insurers for business interruption losses caused by COVID-19.... insurers have been giving blanket denial to such claims, while business business owners — especially restaurant owners — are counting on an insurance payout to survive." https://www.claimsjournal.com/news/national/2020/05/21/29718...

"AXA initially took the position that its insurance policies did not cover business interruption caused by COVID-19. The restaurant then sued AXA in a French court, seeking coverage for operating losses resulting from a government order issued in March mandating the closure of restaurants and bars in response to the COVID-19 pandemic."

"to seek cover for business interruption losses, the insured needs to prove that the COVID-19 outbreak (or government restrictions) caused the losses claimed." https://www.mondaq.com/china/insurance-laws-and-products/908...

Eliza Hall
United States
Local time: 12:17
Specializes in field
Native speaker of: English
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Adrian MM.: Another scatter-gun approach and, again, utterly inconclusive. // The same could be said of you, plus - as the coverage is already in place - obtain, seek and 'have' are all pre-reliance upon and enforcement of pre-existing cover.
11 mins
  -> You reflexively disagree with everything I post for your own personal reasons, which merits no response.

neutral  ph-b (X): Ambiguous: "seek"? A cover is already in place + "an attempt by the insured to get their insurer to admit..." does not mean that "trigger coverage" shdnt be used here. Insured must use it to show their claim is founded. See discussion at 17.29.
35 mins
  -> When an insured "seeks coverage," it means they ask their insurer to cover a loss they just had. What they've got in place is a policy. They seek coverage under it. See discussion for link etc.

disagree  AllegroTrans: obtain/seek doesn’t work: an insured party already has cover, whether it will be applied/triggered in a speciific case is another matter// Yes it is a US/UK thing and that's why your translation will not work for UK, Ireland etc.
1 hr
  -> This may be a US/UK thing; see discussion for link -- an insured party "seeks coverage" when they ask their existing insurer to pay for a loss they've just had.

disagree  SafeTex: Changed this to disagree as you are insisting so much on your wrong answer. Cover ALREADY exists so you can't seek/obtain it.
1 hr
  -> Can we see a show of hands for which translators here have helped insured companies negotiate with, and sue, their insurers to "seek coverage" under existing policies? I'm raising my hand. That legal experience is why I know what this term means.

agree  Yvonne Gallagher: I disagree with all the tit-for-tat disagrees. Of course this is a possible phrasing.
2 days 21 hrs
Login to enter a peer comment (or grade)

2 days 9 hrs   confidence: Answerer confidence 5/5
MAKE A CLAIM


Explanation:
The asker has requested that someone suggests this so that he can choose it and get it into the glossary.
I'm happy to oblige and hope no one minds


SafeTex
France
Local time: 17:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 18
Grading comment
Thanks!
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.

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:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search