Rebuffed - Sala Insurance arguments

[Taunton Blue Genie]

Re: Rebuffed

Another thread full of speculation and innuendo on the Sala situation, from a group of people who know absolutely nothing about what went (or is) going on. It is nothing short of a bloody disgrace that this continually happens. Players are usually automatically added to a clubs insurance when they sign. That is the crux of the case, pure and simple. Insurance companies are always going to try to get out of paying up, whatever the case. They try to get out of paying when you have a TV nicked for goodness sake, so it shouldn't take someone with much intelligence to work out what they would do to get out of paying £10m for the death of a player who was in mid air when all the paperwork was being completed. Obviously a bit too much intelligence for some on here though.

1. Is it really the case that insurance usually covers newly-signed players without any legally binding contractual aspects to the process?
2. If so, was this a 'usual' case?

[superfeathers]

Re: Rebuffed

1. Is it really the case that insurance usually covers newly-signed players without any legally binding contractual aspects to the process?
2. If so, was this a 'usual' case?

I for one would be quite surprised if any insurance policy covered the club to sign any tom dick or harry without specific criteria being checked and met. If City thought they were then that's what they'd be arguing but they're not. What they're arguing instead is that they've always been lackadaisical with paperwork and the insurance company should've told them not to be.

[Rjk]

Re: Rebuffed

I for one would be quite surprised if any insurance policy covered the club to sign any tom dick or harry without specific criteria being checked and met. If City thought they were then that's what they'd be arguing but they're not. What they're arguing instead is that they've always been lackadaisical with paperwork and the insurance company should've told them not to be.

I think the club are saying that they asked their broker to add Sala to the policy, and they did nothing about it for several days.
Whereas the broker is saying that they weren't asked to do that until the player had already gone missing.

should be pretty easy to determine one way or another

[Undercoverinwurzelland]

Re: Rebuffed

Players wouldn't be automatically added to the insurance. The club would instruct their broker and the broker would then instruct the insurer. Clearly that hadn't happened before the crash.
We're claiming that although we hadn't asked for him to be added it was common for our players to only be added days after being signed and the broker, who are the experts, had never warned of the risks of doing that.
I'm not sure what the point of that article yesterday was. It seemed to just be stating the fact that we hadn't asked them to add him, rather than addressing the allegation that they should have given us better advice.
Have to see what happens when it goes to court.

[superfeathers]

Re: Rebuffed

I think the club are saying that they asked their broker to add Sala to the policy, and they did nothing about it for several days.
Whereas the broker is saying that they weren't asked to do that until the player had already gone missing.

should be pretty easy to determine one way or another

I haven't read anything that says the club asked the broker to add Sala to the policy or claimed that they did, might be wrong

[Undercoverinwurzelland]

Re: Rebuffed

From the original article when the court action was announced:

"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... 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."

[superfeathers]

Re: Rebuffed

From the original article when the court action was announced:

"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... 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."

This is what I thought was the case. City were poor with getting paperwork done for new signings and they think the insurance company should've told them.

I don't know about anyone else, but bringing this down to a basic level, if I bought a new car and smashed it up on the way home, I'd know that I wasn't insured. I wouldn't bring a claim against the insurance company for not telling me that I should have insured previous cars more promptly.

Even he had been insured I suspect there are too many areas of gross negligence that led to Sala's death would have voided the insurance. I believe you pay a premium to add skiing to a travel policy. European cover is more on a car policy. I'd imagine getting in a death-trap plane with an unqualified pilot wouldn't be covered as standard

[Taunton Blue Genie]

Re: Rebuffed

This is what I thought was the case. City were poor with getting paperwork done for new signings and they think the insurance company should've told them.

I don't know about anyone else, but bringing this down to a basic level, if I bought a new car and smashed it up on the way home, I'd know that I wasn't insured. I wouldn't bring a claim against the insurance company for not telling me that I should have insured previous cars more promptly.

Even he had been insured I suspect there are too many areas of gross negligence that led to Sala's death would have voided the insurance. I believe you pay a premium to add skiing to a travel policy. European cover is more on a car policy. I'd imagine getting in a death-trap plane with an unqualified pilot wouldn't be covered as standard

I stated quite some time ago that it would be surpring (to me at least) if such highly valuable employees are not obliged to avoid certain risks regarding their off-the-field activities and modes of travel.

[superfeathers]

Re: Rebuffed

I stated quite some time ago that it would be surpring (to me at least) if such highly valuable employees are not obliged to avoid certain risks regarding their off-the-field activities and modes of travel.

Agreed, I should imagine there a lot of things that footballers aren't allowed to do

[A Quiet Monkfish]

Re: Rebuffed

From the original article when the court action was announced:

"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... 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."

It's common practice to contact your broker verbally and ask them to put something/someone 'on cover' at short notice - you may have forgotten to re-insure your house/car etc., and in advance of sorting out details etc. the act of contacting the Broker gives you protection immediately, the broker then presumably arranging for the underwriting to be done.

[Undercoverinwurzelland]

Re: Rebuffed

Bit more detail here
"Miller claimed the broker warned Cardiff City several times that there would be a gap in a player's insurance cover between acquiring an 'insurable interest' in a new player and informing the insurer."
If they did, and they can prove it, then that's another pointless court case brought.

https://www.dailymail.co.uk/news/article-11653413/Cardiff-City-tried-20m-insurance-Emiliano-Sala-morning-killed-plane.html?ns_mchannel=rss&ns_campaign=1490&ito=1490&utm_source=dlvr.it&utm_medium=twitter

[The Lone Gunman]

Re: Rebuffed

This is incredible stuff even by City’s standards.

[Dorcus]

Re: Rebuffed

This is what I thought was the case. City were poor with getting paperwork done for new signings and they think the insurance company should've told them.

I don't know about anyone else, but bringing this down to a basic level, if I bought a new car and smashed it up on the way home, I'd know that I wasn't insured. I wouldn't bring a claim against the insurance company for not telling me that I should have insured previous cars more promptly.

Even he had been insured I suspect there are too many areas of gross negligence that led to Sala's death would have voided the insurance. I believe you pay a premium to add skiing to a travel policy. European cover is more on a car policy. I'd imagine getting in a death-trap plane with an unqualified pilot wouldn't be covered as standard

I think you've got it in one.

Wouldn't it be great if all of us could delay taking out insurance unless and until an accident occurs? Then of course in the event no accident does occur no insurance cover would have been required. Of course if there were to be an accident and the cover was taken out after the accident then what a great idea to sue the broker for not telling us to take out the insurance in the first place and before the event.

Sounds like Fantasy Island to me.

[the other bob wilson]

Re: Rebuffed

Maybe I’m being dense, but this is not normal practice for the insurance industry is it? I know dml says it is, but he’s wrong this time isn’t he?

https://www.bbc.co.uk/news/uk-wales-64333540

[superfeathers]

Re: Rebuffed

Maybe I’m being dense, but this is not normal practice for the insurance industry is it? I know dml says it is, but he’s wrong this time isn’t he?

https://www.bbc.co.uk/news/uk-wales-64333540

"Lawyers for Cardiff City said that Miller's defence is being "evaluated, but doesn't seem to contain any surprises".

Mental