costs and expenses incurred with its consent in defending any claim

English translation: with the consent of the Insurance Company

12:01 Jan 20, 2017
English language (monolingual) [PRO]
Law/Patents - Insurance / Pls see Explanation/ Context
English term or phrase: costs and expenses incurred with its consent in defending any claim
It is from a workers compensation policy.


The whole paragrah reads:

...the Insurance Company undertakes that if at any time during the Period of Insurance any employee in the Insured's service shall sustain bodily injury or death by accident arising out of and in the course of his employment by the Insured and if the Insured shall be liable to pay compensation for such injury or death under the Law(s) set out in the Schedule, then the Company will indemnify the Insured against all sums for which the Insured shall be liable and will in addition be responsible for all costs and expenses incurred with its consent in defending any claim for such compensation.


My problem lies specifically with ITS in the phrase "expenses incurred with its consent". I am not sure whether ITS refers to the Insurance Company or to the Insured, knowing that the Insured is ALSO a company (employer), so it could be referred to by it / its.

I have read some specialized texts about workers compensation insurance in the Internet, looking for an answer to my question, but am still not sure whether the Insurance company must have the consent of the Insured before defending the Insured before court, or it is the Insured that has to seek consent from the Insurance Company to spend monies in the defense of claims before courts, because the Insurance Company will then bear the costs and expenses of such litigation.


Many thanks in advance for your help!
Rebeca Martín Lorenzo
Spain
Local time: 01:17
Selected answer:with the consent of the Insurance Company
Explanation:
The Insurance Company will pay for two sets of expenditure incurred by the Insured Company:
1) compensation for the injury or death by accident of an employee
2) the Insured Company's cost of defending against the compensation claim, provided that such costs have been incurred with the consent of the Insurance Company
Selected response from:

Agneta Pallinder
United Kingdom
Local time: 00:17
Grading comment
Many thanks!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +6with the consent of the Insurance Company
Agneta Pallinder
3 -1its=the insured
danya


  

Answers


13 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
its=the insured


Explanation:
I would guess the Insured company would want to have all extra costs approved before they are incurred by the Insurer

danya
Local time: 03:17
Does not meet criteria
Native speaker of: Native in RussianRussian

Peer comments on this answer (and responses from the answerer)
disagree  B D Finch: No, this is about costs that may be incurred by the insured company defending itself against a claim for compensation by its injured employee. Guessing is no substitute for analysing the text.// No, it gives consent to the insured party!
5 hrs
  -> it does not make sense in the context of "its consent" - the insurance company gives consent to itself?
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23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
with the consent of the Insurance Company


Explanation:
The Insurance Company will pay for two sets of expenditure incurred by the Insured Company:
1) compensation for the injury or death by accident of an employee
2) the Insured Company's cost of defending against the compensation claim, provided that such costs have been incurred with the consent of the Insurance Company

Agneta Pallinder
United Kingdom
Local time: 00:17
Meets criteria
Native speaker of: Native in SwedishSwedish, Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Many thanks!

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: It's the insurance company that decides how much gets spent on a claim, not the insured.
4 hrs
  -> Thanks Phil!

agree  B D Finch
5 hrs
  -> Thanks BD

agree  Yvonne Gallagher
7 hrs
  -> Thanks Gallagy!

agree  Yasutomo Kanazawa
17 hrs
  -> Thanks Kanazawa-san!

agree  AllegroTrans
23 hrs
  -> Thanks Allegro!

agree  acetran
3 days 23 hrs
  -> Thanks Ace!
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