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19:10 Aug 31, 2006
English to French translations [PRO] Law/Patents - Insurance
English term or phrase:notice of circumstances
Dans le contexte d'une police d'assurance, quel est l'equivalent francais de ce terme?
Warranty generally refers to a question typically contained in an original claims-made insurance Application which requires the insureds to disclose any known fact or circumstance which could reasonably give rise to a claim in the future. By signing the
Application, the insureds “warrant” or represent that they have disclosed all such known facts or circumstances. This warranty is typically not included in a renewal Application since the insurer is already at risk for such potential claims if the insureds elect to give a notice of circumstances or notice of potential claim to the insurer as provided in the policy.
This situation does not mean that an insured will
be left without coverage. Many D&O policies con-
tain provisions that, if the insured gives written
notice of circumstances that “may reasonably be
expected to give rise to a Claim being made against
an Insured Person,” “with full particulars as to
dates, persons and entities involved,” then a claim
subsequently made against the insured and reported
to the carrier based on or arising out of those cir-
cumstances “shall be considered made at the time
such notice of such circumstances was given.”
If an insured gives notice under such a provision of
circumstances that it anticipates could give rise to a
later claim, it could obtain coverage for that claim
under an existing policy—even though a claim has
not yet been made.