INSURED OR NOT? THAT IS THE QUESTION...

[Sven]

Cardiff City FC Sues Broker For £10M Over Player's Death
By Alex Baldwin

Law360, London (December 8, 2022, 10:48 PM GMT)

Cardiff City Football Club Ltd. has sued insurance broker Miller Insurance Services LLP claiming it owes more than £10 million ($12.2 million) over the death of Emiliano Sala, a player who was set to transfer to the club but died in a plane crash en route.

The football club said the insurance broker failed to communicate that not timely informing it of new players to be added to the club's policy would risk it not having coverage for those players, according to a High Court claim filed Nov. 21, which has now been made public

Cardiff City, which is known as the Bluebirds, plays in the second-tier of English soccer despite being based in the Welsh capital. It noted there was a "material delay" between acquiring an "insurable interest" in players and notifying the broker on "numerous occasions," according to the claim.

It was the broker's responsibility to communicate that this would mean the club would not be insured for a player's death until its policy was amended, the soccer club said. If it had known this, Cardiff City would have requested £20 million coverage for Sala on Jan. 19, 2019, two days before the fatal plane crash.

As such, the insurance broker failed to act with reasonable skill and care and breached its obligations as a broker, according to the claim.

Miller Insurance failed to properly explain the concept of an "insurable interest" for football player transfers and the requirement of a "prompt" notification of the transfer in order to secure coverage, the football club said.

The broker also did not let the Bluebirds know about the risks of delaying this notification of an interest, or the steps that might be taken to reduce or eliminate the risks, according to the Welsh club.

As such, the insurance broker failed to act with reasonable skill and care and breached its obligations as a broker, according to the claim.

Miller Insurance failed to properly explain the concept of an "insurable interest" for football player transfers and the requirement of a "prompt" notification of the transfer in order to secure coverage, the football club said.

The broker also did not let the Bluebirds know about the risks of delaying this notification of an interest, or the steps that might be taken to reduce or eliminate the risks, according to the Welsh club.




The club said Miller Insurance Services LLP should pay more than £10 million for its failure to act with the reasonable skill and care expected of an insurance broker.

Representatives for the Welsh soccer club and Millers Insurance Services did not immediately respond to requests for comment Thursday.

Cardiff City Football Club is represented by David Phillips KC of Wilberforce Chambers and Tom Cleaver of Blackstone Chambers, instructed by Céline Jones of Capital Law Ltd.

Millers Insurance is represented by CMS Cameron McKenna Nabarro Olswang LLP.

The case is Cardiff City Football Club Ltd. v. Miller Insurance Services LLP, case number CL-2022-000604, in the High Court of Justice of England and Wales."


viewtopic.php?f=2&t=204226

[Sven]

The above was taken from a post fron Rontom on another thread but such was its potential impact, I thought it deserved at platform of its own

The potential impact of what is written could have far reaching effects for Cardiff City FC and I am interested in what others on here read into it...

[Forever Blue]

Chris, sadly looks like another f**k by the hierarchy and once again another suing job blaming others, how they think they will get money out of these?


All this should of been checked.

Well we have to Nantes FC as Sala was our player and that has to all be paid now.

So Emiliano Sala was not insured and that’s why we then tried for 3 yrs to make out Sala was not our player to cover up
mistakes and spent fortunes to fight FIFA , CAS & SUPREME COURT .
Because we were not insured.

It just gets worse and more costs to our club.

[Ninian27]

So, if I am understanding correctly, we should have registered Emiliano Sala on the insurance policy immediately upon signing in order to secure his insurance. However, we did not and the club are arguing that it had not been made clear that this was the requirement, and on "numerous occasions" previously the club had not immediately registered a player. So we are suing the insurer for £10 million in way of negligence as we did not actually have insurance.


Am I correct? If so, then good grief. That smacks of desperation on the face of it. You'd think that insurance would be a standard part of the transfer of a multi-million pound footballer.

[Forever Blue]

I got told this afternoon the whole bill fee, court cases , 3 yrs of interest , fines etc are us much as £25mill now, and before everyone says different, I think you will find it’s approx is that, NO exaggeration.
We have battled with the biggest people in football FIFA, CAS & THE SUPREME COURT IN SWITZERLAND, to try and say Sala was not our player.

[barnet blue]

Blame everyone else and not ourselves. Try every possible which way to avoid responsibility and cough up. Surely someone at the club knew the requirements and protocol of insuring players? That's just routine!

[Blue62]

It does seem strange. The various court cases have ruled that Sala was indeed a registered Cardiff City player. It seems we have tried to argue that technically he wasn't and therefore are not liable for the transfer fee. Now it has been determined by several authorities that he was indeed out player. You'd assume that the insurance policy only covers registered players (those registered with CCFC).

It's been proven that he was our player and so would be covered under the insurance if he had been registered under that policy. At a guess it seems the insurers have refused to pay as we had not registered Sala as per the policy T & C's and we are now arguing that the broker was negligent in not clearly explaining the policy. That's my lay person understanding. It seems like a baseless argument as surely we have financial and legal advisors for such matters no? I've always been of the opinion that legal avenues should be pursued as advised, and that we should not simply have handed over the transfer fee. In hindsight though it leaves a bitter taste in the mouth.

[Forever Blue]

Replies FB:

[BazzaBluebird]

Embarrassing and pathetic by our club. Will no-one take responsibility?

[Daya]

So, if I am understanding correctly, we should have registered Emiliano Sala on the insurance policy immediately upon signing in order to secure his insurance. However, we did not and the club are arguing that it had not been made clear that this was the requirement, and on "numerous occasions" previously the club had not immediately registered a player. So we are suing the insurer for £10 million in way of negligence as we did not actually have insurance.


Am I correct? If so, then good grief. That smacks of desperation on the face of it. You'd think that insurance would be a standard part of the transfer of a multi-million pound footballer.

The club are attempting to blame the broker, not the insurance company. Sala had days to be insured, he wasn't. Something that should have been checked by the admin of Cardiff City to ensure it was in place.

Cardiff City staff only realised he wasn't after the plane didn't arrive at Cardiff airport, hence Choo headed to the home of Wayne Nash in a panic.

[Daya]

Chris, sadly looks like another f**k by the hierarchy and once again another suing job blaming others, how they think they will get money out of these?


All this should of been checked.

Well we have to Nantes FC as Sala was our player and that has to all be paid now.

So Emiliano Sala was not insured and that’s why we then tried for 3 yrs to make out Sala was not our player to cover up
mistakes and spent fortunes to fight FIFA , CAS & SUPREME COURT .
Because we were not insured.

It just gets worse and more costs to our club.

Correct Annis.

As I stated all along since Choo ran to Nash's home when the plane didn't land, their first concern was insurance not even the welfare of the missing player. They had just discovered despite many days from his signing he still wasn't insured.

[pembroke allan]

the club have to sue the person who brokered the cover if there is something wrong with the way policy was implemented ..... but its happy times for some at least on here..

[Daya]

Blame everyone else and not ourselves. Try every possible which way to avoid responsibility and cough up. Surely someone at the club knew the requirements and protocol of insuring players? That's just routine!

Run like a pub side is the truth.

[Always City]

You’d have thought had he been insured properly, it would have been void due to the type of flight, the pilot’s incompetence etc. Insurers look for any loophole to prevent pay out, don’t they? This situation wasn’t just a loophole, it would have been outright fraud to attempt to claim surely. Hindsight is a wonderful thing, but bugger hindsight, this was downright stupidity by the club. A club official should have been accompanying him every step of the way, he wasn't some thirty bob trialist coming over to try his luck under his own steam.

[Paul Keevil]

Anyone who has read about VT career will already know that he started off as an insurance clerk

Learning about Insurable Interest is "day 1"

I'm sorry but nobody can pursuade me that VT did not know what insurable interest was

That's like me suing admiral because they didn't tell me I had to insure the car before I drove it

[fred keenor]

Surely the CEO is culpable, how is he still in place?

[Forever Blue]

Replies FB:

[Forever Blue]

Replies FB:

[Bakedalasker]

Anyone who has read about VT career will already know that he started off as an insurance clerk

Learning about Insurable Interest is "day 1"

I'm sorry but nobody can pursuade me that VT did not know what insurable interest was

That's like me suing admiral because they didn't tell me I had to insure the car before I drove it

For me it seems that Cardiff City applied for insurance but the final details were not completed.

It is most likely that VT thought everything was in place, I mean that is what he pays the board for. Someone has screwed up and its going to take another court case to prove this.

[Forever Blue]

Anyone who has read about VT career will already know that he started off as an insurance clerk

Learning about Insurable Interest is "day 1"

I'm sorry but nobody can pursuade me that VT did not know what insurable interest was

That's like me suing admiral because they didn't tell me I had to insure the car before I drove it

For me it seems that Cardiff City applied for insurance but the final details were not completed.

It is most likely that VT thought everything was in place, I mean that is what he pays the board for. Someone has screwed up and its going to take another court case to prove this.

All I will say from this Hierarchy it’s just another court case yet again and another an abundance of errors and it will cost our club big time once again.

[Forever Blue]

Replies FB:

[biglad6]

Those two fools Choo and Dalman have messed this up again. For those of you old enough it reminds me of Dick Emerys bovver boy sketches where the son would be sent off to complete a simple task , mess it up and come back saying " Dad,dad, I got it wrong again! " Who in their right mind wouldn't insure a twenty million pound asset.
Also more pointless and expensive litigation. Cardiff s lawyers must be running their hands at the way the club is run.
Also if you think this money has been put aside dream on they'll try anything rather than to to tan and say better get on the internet banking. However that payday is getting ever nearer as soon there'll be no one left to sue!

[Sven]

Those two fools Choo and Dalman have messed this up again. For those of you old enough it reminds me of Dick Emerys bovver boy sketches where the son would be sent off to complete a simple task , mess it up and come back saying " Dad,dad, I got it wrong again! " Who in their right mind wouldn't insure a twenty million pound asset.
Also more pointless and expensive litigation. Cardiff s lawyers must be running their hands at the way the club is run.
Also if you think this money has been put aside dream on they'll try anything rather than to to tan and say better get on the internet banking. However that payday is getting ever nearer as soon there'll be no one left to sue!

Bovver Boy and his dad...

[JulesK]

f*cking hell, some on here getting the bunting out as a crisis of not our making hits the rumour mill.

Whatever happens I sincerely hope a certain recently departed ( not dead btw ) manager is found involved.

[Paul Keevil]

Anyone who has read about VT career will already know that he started off as an insurance clerk

Learning about Insurable Interest is "day 1"

I'm sorry but nobody can pursuade me that VT did not know what insurable interest was

That's like me suing admiral because they didn't tell me I had to insure the car before I drove it

For me it seems that Cardiff City applied for insurance but the final details were not completed.

It is most likely that VT thought everything was in place, I mean that is what he pays the board for. Someone has screwed up and its going to take another court case to prove this.

Ian I do agree with you. But insurance is something we all deal with every day.

We have an owner who started his career as an Insurance Clerk

We have Senior Management who add cars onto Motor Trade Insurance Policies every day

We have individuals at the club who each know not to drive their car until the final details are provided - AND INSURANCE COVER CONFIRMED

I mean this is absolutely basic stuff.

[Simplesimon]

I get the impression from the press article wording it’s all about when CCFC actually had an insurable interest in ES. And when would he be formally classed as a CCFC player in order for cover to commence. But you’d have thought cover would be put in place and cancelled if the transfer fell through on technicalities. Because as we’ve now seen, he’s our player unless proven otherwise in court.
As Paul mentions, our guys should know enough about insurance.
As with every aspect of this sad saga, I’m sure it’ll be over a very vague area and argument. I get that VT wants to pursue a claim of sorts as £15m plus costs is a lot to lose in an already loss making venture. Regardless of whether the cash is actually set aside. Which has been discussed to death.
For me the McKay business has always been the one that should have been sued on insurance day 1 by us and Nantes. With the proceeds held pending the outcome of the ownership dispute.

[Bluebina]

I think there could be negligence, if you are an insurance broker with a top club you should be pointing out that the cover doesn't start until the brokers have issued a document. The first time we signed a player and didn't get the paperwork for insurance started in advance the broker should have pointed it out in writing and kept a copy in writing and a dated email as proof.

If they did that and can prove it we wouldn't have a leg to stand on, if they can't surely we must have a strong case.

If you buy a house the mortgage broker and lender will cover themselves in writing explaining you must have cover, most won't even let you complete without them having proof, this should be the same.

Obviously, someone at the club should also have known and understood this, but if the broker hasn't covered his back, we will have a case.

[Jock]

Replies FB:

Does Willie Makay have any responsibility in this, toward Sala. He was his agent and surely must have a duty of care to his client?

[fred keenor]

Why are we suing for 10 million, when the fee was 15?

[pembroke allan]

Why are we suing for 10 million, when the fee was 15?

Its probably only half the story undoubtedly more to it than what's written ? We never appear to get the whole story.