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Schadensverzug

English translation: is liable only for damage caused intentionally or with gross negligence

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10:16 Dec 18, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: Schadensverzug
Für Schäden, die über die Deckungssumme hinausgehen, haftet der AN nur bei vorsätzlichem und grob fahrlässigem Schadensverzug.
Paul Fletcher
Local time: 21:53
English translation:is liable only for damage caused intentionally or with gross negligence
Explanation:
This is a totally standard clause - except for the stupid word 'Schadensverzug'! If you Google 'vorsätzlich und grob fahrlässig', you will get other ways of expressing the same idea. The Civil Code says you can exclude your liability to some extent, but not if you acted intentionally or with gross negligence. e.g. haftet nur für vorsätzlich und grob fahrlässig verursachten Schaden.
Schadensverzug was probably invented by your author, but it means 'default causing damage'.

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Note added at 2003-12-18 12:40:08 (GMT)
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Of course in an insurance context (see Howard Corlett\'s answer), the first \'Für Schäden\' is going to be \'for claims\', because Schaden = claim in insurance. So perhaps Schadensverzug should be something with \'claim\', but I would stick to \'damage\'.

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Note added at 2003-12-19 00:41:57 (GMT)
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In response to WS\'s comments: I am not \'spiriting away\' Verzug, which means default (or delay), I simply think the meaning here is better conveyed by one word in English.
I imagine there is insurance, e.g. by the employer, up to a certain cover (deductible/excess is not involved as I understand it). The employee will be covered up to that amount. Over and above that, he or she will be liable to pay out of own pocket only if the damage was intentional or grossly negligent.
I believe the word \'Schadensverzug\' is a lawyer\'s ad-hoc invention and not a very good idea.

Still, if the asker gives more context, perhaps my answer will change.
Selected response from:

Margaret Marks
United Kingdom
Local time: 21:53
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1is liable only for damage caused intentionally or with gross negligenceMargaret Marks
4grossly negligent or intentional delay in filing claim
William Stein
4loss/claim arrears/delayHoward Corlett
2take a look
Stefanie Sendelbach


Discussion entries: 1





  

Answers


31 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
take a look


Explanation:
at the link below. There are many terms referring to "Schaden". I hope you can find the one you need.

Good luck and sorry I can't be of more help. I hope this gives you an idea at least.


    Reference: http://webcoordinator.de/englisch/ds2.htm
Stefanie Sendelbach
Germany
Local time: 22:53
Native speaker of: Native in GermanGerman
PRO pts in pair: 344
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
loss/claim arrears/delay


Explanation:
Depending on the context, it could mean loss arrears/delay of claims arrears/delay.

Based on 18 years working in insurance.

Howard Corlett
United Kingdom
Local time: 21:53
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 14
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
is liable only for damage caused intentionally or with gross negligence


Explanation:
This is a totally standard clause - except for the stupid word 'Schadensverzug'! If you Google 'vorsätzlich und grob fahrlässig', you will get other ways of expressing the same idea. The Civil Code says you can exclude your liability to some extent, but not if you acted intentionally or with gross negligence. e.g. haftet nur für vorsätzlich und grob fahrlässig verursachten Schaden.
Schadensverzug was probably invented by your author, but it means 'default causing damage'.

--------------------------------------------------
Note added at 2003-12-18 12:40:08 (GMT)
--------------------------------------------------

Of course in an insurance context (see Howard Corlett\'s answer), the first \'Für Schäden\' is going to be \'for claims\', because Schaden = claim in insurance. So perhaps Schadensverzug should be something with \'claim\', but I would stick to \'damage\'.

--------------------------------------------------
Note added at 2003-12-19 00:41:57 (GMT)
--------------------------------------------------

In response to WS\'s comments: I am not \'spiriting away\' Verzug, which means default (or delay), I simply think the meaning here is better conveyed by one word in English.
I imagine there is insurance, e.g. by the employer, up to a certain cover (deductible/excess is not involved as I understand it). The employee will be covered up to that amount. Over and above that, he or she will be liable to pay out of own pocket only if the damage was intentional or grossly negligent.
I believe the word \'Schadensverzug\' is a lawyer\'s ad-hoc invention and not a very good idea.

Still, if the asker gives more context, perhaps my answer will change.

Margaret Marks
United Kingdom
Local time: 21:53
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 765

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: By Jove, I think she's got it!
1 hr
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
grossly negligent or intentional delay in filing claim


Explanation:
I think Howard's definitely on the right track. "Schaden" usually means claim in the insurance context and "Verzug" means delay (we can't just spirit the word away for the sake of convenience).
Uusually the insured party is liable for the full amount of the deductible and for nothing above the deductible, unless he sits on the claim too long, in which case it would lapse.
I think this clause differs from the conventional clause. The insurance company is never liable for damage caused negligently or intentionally, so in that case why bother to break it up into the deductible and nondeductible portion?

William Stein
Costa Rica
Local time: 15:53
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1734
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