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clause syndicale vol

English translation: Syndicate Theft Clause

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:clause syndicale vol
English translation:Syndicate Theft Clause
Entered by: Ken Fagan
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18:50 Apr 1, 2008
French to English translations [PRO]
Bus/Financial - Insurance / merchant transport insurance policy - specific conditions
French term or phrase: clause syndicale vol
Paragraph heading: Transports effectues dans les vehicules de l'Assure ou de ses collaborateurs"

Paragraph text:

"Toutefois les risques de vol sont garantis conformement a la clause syndicale vol du 27 01 1977"
Ken Fagan
Local time: 17:26
Syndicate Theft Clause
Explanation:
Presumably the syndicate in question is the "Syndicat français de l’assurance maritime et transports (SFMAT)" which has now been absorbed into the FFSA.
Selected response from:

Neil Crockford
Local time: 16:26
Grading comment
thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1Syndicate Theft ClauseNeil Crockford
2 -1standard/union clause with regard to theftMatthewLaSon


Discussion entries: 6





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Syndicate Theft Clause


Explanation:
Presumably the syndicate in question is the "Syndicat français de l’assurance maritime et transports (SFMAT)" which has now been absorbed into the FFSA.

Neil Crockford
Local time: 16:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 282
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  writeaway
1 hr
  -> Thanks

neutral  MatthewLaSon: What is a "syndicate theft clause" in English? I'm very curious.
1 day8 hrs
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7 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -1
standard/union clause with regard to theft


Explanation:
Hello,

Are you talking about the difference between "open clause and standard/union clauses" in insurance contracts?


GMAC brought a declaratory judgment action against Windsor and Roderick for a determination of its rights to proceeds under the policies as loss payee. (FN3) Windsor filed a motion to dismiss for failure to state a claim on grounds that GMAC lacked standing to bring the action. Alternatively, Windsor filed a motion for judgment on the pleadings claiming that, as a matter of law, GMAC is not entitled to recover under the policy because such policy was void ab initio as a result of the insured's fraudulent conduct. ( FN4) The trial court entered judgment in favor of Windsor. GMAC filed this appeal.
We first review the trial court's dismissal of GMAC's petition for lack of standing. Standing to bring a declaratory judgment action requires the plaintiff to have a legally protectable interest at stake. Battlefield Fire Protection Dist. v. City of Springfield , 941 S.W.2d 491, 492 (Mo. banc 1997). A legally protectable interest means "a pecuniary or personal interest directly in issue or jeopardy which is subject to some consequential relief, either immediate or prospective." American Economy Ins. Co. v. Ledbetter , 903 S.W.2d 272, 274 (Mo. App. 1995) (citation omitted). In contract actions, a party has a legally protectable interest at stake if it has a right to enforce the contract as a party thereto or as a third party beneficiary. Farmers Ins. Co., Inc. v. Miller , 926 S.W.2d 104, 107 (Mo. App. 1996). (FN5) Windsor argues that GMAC cannot enforce the policy as a party thereto or as a third party beneficiary. We agree with the former contention but disagree with the latter.
The loss payable (or mortgage) clause in the insurance policy at issue is commonly referred to as an open clause. (FN6) Under an open clause, the loss payee's rights, as against the insured, are dependent upon the acts or omissions of the insured. Central Bank of Lake of the Ozarks v. First Marine Ins. Co. , 975 S.W.2d 222, 226 (Mo. App. 1998). In other words, the loss payee's rights will be defeated by a breach of the terms of the policy by the insured prior to the loss. If the policy is rendered void as to the insured, it is void as to the loss payee as well. Id.
This is in contrast to a union or standard loss payable clause. A union clause differs from an open clause in that it operates as an independent contract of insurance between the loss payee and the insurer. The effect of this independent contract is to ensure that, in the event of loss, the policy will be paid to the loss payee notwithstanding the fraudulent acts or omissions of the insured

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=mo&vo...

A standard clause is a union clause, also.

I hope this helps.

MatthewLaSon
Local time: 11:26
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 124

Peer comments on this answer (and responses from the answerer)
disagree  rkillings: It's not a labour union but a trade association of insurers.
30 mins
  -> I never said it was a labor union. I said it was a "union clause" as opposed to an "open clause" in an insurance contract.
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