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oponer las excepciones contra

English translation: set up/ plead/ defences against

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:oponer las excepciones contra
English translation:set up/ plead/ defences against
Entered by: oligreen (X)

20:08 May 1, 2006
Spanish to English translations [PRO]
Law/Patents - Insurance / tender contract
Spanish term or phrase: oponer las excepciones contra
In an appendix of a Pliego de Cláusulas Administrativas Particulares to contract the construction and management of a hospital in Spain via tender.

The appendix title is "Modelo de Certificado de Seguro de Caución". The tenderer selected is obligated to contract insurance policies, and this is the subject of this appendix

"El asegurador no podrá ***oponer al asegurado las excepciones que puedan corresponderle contra*** el tomador del seguro".

I've looked up "oponer excepciones" in a KOG entry, but it doens't fit with this sentence. I have found "policy holder" as the translation for both "asegurado" and "tomador del seguro". An important point may be that the Public Administration appears as the beneficiary of the insurance policies contracted, but I'm stumped.

Any help will be greatly appreciated.
Thanks,
Oliver
oligreen (X)
Local time: 01:31
set up/ plead/ defences against
Explanation:
'...may not set up against the insured such / defences (BE)/ defenses (AE)/ as may avail him/ be available to him/ against the policy holder'.

the defences being the ones the ins. co. *relies on* to avoid paying out.

I vaguely agree with Monica's intepretation above, 'except' the asegurado may be an insured doctor or nurse etc. and the tomador the Area Health Auhtority, as it would be called in the UK.


It is required that you furnish a public liability insurance policy made out ... company will not plead the defense that the insured was exercising or had ...
Selected response from:

Adrian MM. (X)
Local time: 01:31
Grading comment
You give lots of good background information. Thanks to all.
4 KudoZ points were awarded for this answer



Summary of answers provided
4ver nota
Mónica Ameztoy de Andrada
4set up/ plead/ defences against
Adrian MM. (X)
4 -1oppose the corresponding exceptions
Claudia Aguero


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
ver nota


Explanation:
creo que el "asegurador" es la compañía que extiende la póliza, el "asegurado", en éste caso, debe entenderse el paciente del hospital, el potencial damnificado, y el "tomador del seguro" el hospital que contrató la póliza.
espero que sirva

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Note added at 31 mins (2006-05-01 20:40:12 GMT)
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"raise exceptions against" is the translation for "oponer excepciones contra", but I think that was not what you needed

Mónica Ameztoy de Andrada
Local time: 17:31
Works in field
Native speaker of: Native in SpanishSpanish
Notes to answerer
Asker: thanks a lot.

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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
oppose the corresponding exceptions


Explanation:
Así aparece en este contrato de seguro" Civil Liability Insurance for Tourist Recreational Watercraft". Está en inglés y español.
Sin embargo, yo pondría algo así como:
"claim the insured those exceptions that should be opposed against the policy holder"


    Reference: http://es1.mexicaninsuranceonline.com/forms/ACE_WC_toc.pdf
Claudia Aguero
Costa Rica
Local time: 17:31
Native speaker of: Native in SpanishSpanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Seth Phillips: The phrase "oponer excepciones" has nothing to with exceptions but defenses.
3857 days
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
set up/ plead/ defences against


Explanation:
'...may not set up against the insured such / defences (BE)/ defenses (AE)/ as may avail him/ be available to him/ against the policy holder'.

the defences being the ones the ins. co. *relies on* to avoid paying out.

I vaguely agree with Monica's intepretation above, 'except' the asegurado may be an insured doctor or nurse etc. and the tomador the Area Health Auhtority, as it would be called in the UK.


It is required that you furnish a public liability insurance policy made out ... company will not plead the defense that the insured was exercising or had ...



    ddot.dc.gov/ddot/lib/ddot/ services/permits/insurance.pdf
Adrian MM. (X)
Local time: 01:31
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Grading comment
You give lots of good background information. Thanks to all.
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