Glossary entry

French term or phrase:

aucun recours n'est à exercer ni à subir

English translation:

No right of recourse (is) exercisable, nor sustainable

Added to glossary by Yolanda Broad
Oct 3, 2003 17:05
20 yrs ago
15 viewers *
French term

AUCUN RECOURS N'EST A EXERCER

French to English Bus/Financial Insurance insurance
This is from the second appraisal of damages by an insurance company for a company that was damaged by a storm. I think it might mean that the company has a $100,000 deductible and that the appraisal showed damages of less than that (so they wouldn't pay anything). At that point, "l'affaire était classée" (classement en l'état"), meaning something like "case closed as is", but I don't know how to say it insurance speak. The company then asked them to take a second look and revise their estimate (I think). I don't know whether "appeal" would be appropriate here, since it is not a court ruling. "Recours" can mean "claim" in the insurance context, but I don't whether that would work here. Any suggestions would be appreciated:

From the second appraisal:
DOMMAGES
Nous vous rappelons notre rapport définitif du (date) concluant à un classement en l'état compte tenu de la franchise contractuelle de 100.000$.

A la demande de votre Compagnie, nous avons repris l'étude de ce dossier en effectuant un nouveau passage sur place.

Les dommages ont été estimés sous toutes réserves de prise en charge par votre Compagnie

AUCUN RECOURS N'EST A EXERCER

Discussion

Non-ProZ.com Oct 3, 2003:
sorry, I forgot the end of the sentence: AUCUN RECOURS N'EST A EXERCER NI A SUBIR DANS CETTE AFFAIRE.

Proposed translations

+1
37 mins
Selected

No recourse to be exercised

I think insurance companies like also to discourage people from contemplating legal recourses against them when they refuse to compensate. That last line in the letter aims only at that.

The company I think only asked them for a revision, a second look at the claim, a re-evaluation of the insurer's position. What they received was a confirmation of the first position plus a 'subliminal' message not to even think about legal action/recourse.

Peer comment(s):

agree KirstyMacC (X) : no recourse (right ins. term) exercisable.
3 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks a lot, and to Counsel, too, for "sustainable""
-1
4 mins

you don't need to take further action

you're right, recours can mean appeal, it can also mean legal proceedings, or any kind of action before a third party, e.g. consumer associations or even an adhoc department in the same company. Viel Glueck!

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Note added at 2003-10-05 15:10:34 (GMT)
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à in this case means an obligation, as in \"j\'ai un problème à résoudre\"
Peer comment(s):

disagree Marnen Laibow-Koser : Eng. "don't need to" is not the same as Fr. "ne faut pas". "Don't need to" means that you may, but it is not necessary. In this case, however, it looks like recourse is not *possible* -- "you cannot take further action".
3 hrs
where did you see "ne faut pas"?
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-1
34 mins

"No further appeals are allowed."

My Harrap's New Collegiate Dictionary, under "recours" has the following phrase:

n'avoir aucun recours contre quelqu'un =

to have no claim whatever on someone.

I believe your interpretation of the situation is correct. An "affaire classé" means that the case is closed. Their decision is final.
Peer comment(s):

disagree sarahl (X) : that would be, aucun recours ne sera accepté, aucun recours possible,...
1 day 21 hrs
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1 hr

Claim

I believe that the insurer is advising the insured that no further claim is to be lodged or received concerning this matter. Because of the nature of the loss and the amount of the deductible, no compensation is due and the case is closed. Damage has been assessed independently of expenses that the company may subsequently incur.

For "sous toutes réserves," see the reference below.
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+1
3 hrs

No right of recourse (is) exercisable, nor sustainable

Recourse against the insurance co.,as mentioned. Nor will it 'countenance' such.
Peer comment(s):

agree Yolanda Broad
100 days
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3504 days

No recovery shall be pursued or incurred in this claim

Terme couramment utilisé dans le domaine de l'assurance (rapports d'expertise).
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