[Football] Nantes FC and Cardiff

[dangull]

I just think clubs should not look to profit from a players death. Its an act of God and everyone should just take the hit. Cardiff also didn't have time to replace the player.

 

[Sussex Nomad]

I just think clubs should not look to profit from a players death. Its an act of God and everyone should just take the hit. Cardiff also didn't have time to replace the player.

The article I read, the owner of Nantes made all sorts of songs and dances about not wanting him to go in the summer, he was wanted in Italy. Now they look relegation candidates he augmented the transfer scramble for this lad, even though he didn't want to go. From there, four agents got their dirty little fingers into the honeypot. It's all about these filthy money grabbers and not about the player, so I can see every reason why this grotty Nantes owner still wants his dosh.

 

[Thunder Bolt]

I just think clubs should not look to profit from a players death. Its an act of God and everyone should just take the hit. Cardiff also didn't have time to replace the player.

Neither club should lose out either. Nantes have lost a player and his fee.

 

[Horses Arse]

gets more interesting,,,

https://www.skysports.com/football/...emand-emiliano-sala-payment-from-cardiff-city

Doesn't affect payment to Nantes though surely. Nothing to do with them at all as he was Cardiff's player. Cardiff should pay Nantes and continue seeking other action as necessary with the agent/whoever arranged the flight surely. Seems pretty straight forward

 

[Driver8]

The insurance should pay to both parties then. They shouldn't be making demands to Cardiff at this sensitive time.

It doesn’t work like that. If the transfer has gone through Nantes won’t have had anything to insure. Cardiff will have insured him so they will will be recompensed and they can then pay Nantes. Cardiff will end up no worse off and Nantes can replace their former striker.

You can’t ignore the correct process just because someone has died. It’s the same reason pension schemes will write to dead people’s estates asking for overpaid pensions to be returned, it’s the right thing to do.

 

[Easy 10]

I don't think Cardiff have a legal leg to stand on, as the player had already signed the contract, and wouldn't have been travelling back to Wales on that plane otherwise.
Although it is very soon after the tragedy, Nantes have every right to ask for the first instalment of money.

I appreciate under the terms of the contract they are no doubt due their money. But its quite distasteful to be actively pursuing it while they're still fishing corpses out of the Channel IMO.

Surely a period of grace could be observed as a mark of respect, rather than an unseemly public squabble over the money owed for a man who lost his life barely 2 weeks ago.

 

[dangull]

Neither club should lose out either. Nantes have lost a player and his fee.

That's just tough luck. They would see the other side in the same situation. Common sense should prevail, and if the insurance pays out that should be the end of it.

 

[dejavuatbtn]

Whoever managed to get a £15m player on a Lego aeroplane to cross the channel in winter has a lot to answer for. I suspect it involves an agent and commission.

 

[SUA Seagull]

Members of the public have not seen the player’s transfer contract between Cardiff and Nantes, nor the terms and conditions of Cardiff’s insurance policy, so it’s possible that the insurance may have perhaps excluded liability for players travelling on non-commercial airline flights / light aircraft (or at least those which had not been pre-approved by the insurers), in which event it becomes difficult to establish liability if Sala had breached both his transfer contract terms and Cardiff’s insurance pre-conditions without either club's permission. We simply don't know. Once the facts are established, both clubs may perhaps need to seek remedy from whoever arranged that fateful flight for Sala, and/or perhaps from the pilot’s insurers (once the cause of the crash is established). One can’t blame Nantes for asking for their money but equally one can understand why Cardiff would reasonably wish to establish the facts before they have to pay out, as they may not be insured and may need to pursue a claim against a third party. It sounds like a complex case to establish all of the facts (which won't be known until the air accident investigation is concluded) and lawyers will surely be heavily involved on all sides before this is resolved. The media should steer clear of this until the facts are known, in the absence of which they are speculating and causing distress to Sala's family.

 

[NooBHA]

Is it likely that Cardiff (or any other PL team) have insurance to cover this type of scenario?

Yes - 99% of the time there will be

However, I fear this might be that 1% - Perhaps not though

Most players are insured against any eventuality of them sustaining any injury or accident which means they can no longer play.

Up until about 20 years ago there would be the option to have the beneficiary be the player or the club be the beneficiary of a career threatening injury and there often was a mixture of both.

BUT around late 90s HMRC deemed that if the Beneficiary was the player then it became a taxable Benefit on the player and the Club had to play Class 1a NIC on the Premiums which would be often larges sums of money involved.

Because of this it became uncommon for these Policies to be set up. Instead the Employer would take out the Policy to protect their asset and they would be the beneficiary. The player could then if he wished take out his own insurance in the event of a career threatening injury

All of the above is all well and good but I can't see Cardiff having already have taken out an individual insurance policy on Sala. They may however have a global policy which covers all their players as soon as they become a Cardiff employee

 

[mrhairy]

What the papers haven't picked up that the insurance will not pay out unless there is a body. English law means generally that he will not be declared dead until seven years has passed. Remember the canoeist that came back from the dead. In some cases such as the Titanic the rule does not apply. However, until the find the body Cardiff will probably not receive payment.
Also, I believe that the news posted earlier that the body in the plane was the pilot but quickly took it down. Can't get that confirmed yet.

 

[Harry Wilson's tackle]

It doesn’t work like that. If the transfer has gone through Nantes won’t have had anything to insure. Cardiff will have insured him so they will will be recompensed and they can then pay Nantes. Cardiff will end up no worse off and Nantes can replace their former striker.

You can’t ignore the correct process just because someone has died. It’s the same reason pension schemes will write to dead people’s estates asking for overpaid pensions to be returned, it’s the right thing to do.

This, surely?

 

[NooBHA]

What the papers haven't picked up that the insurance will not pay out unless there is a body. English law means generally that he will not be declared dead until seven years has passed. Remember the canoeist that came back from the dead. In some cases such as the Titanic the rule does not apply. However, until the find the body Cardiff will probably not receive payment.
Also, I believe that the news posted earlier that the body in the plane was the pilot but quickly took it down. Can't get that confirmed yet.

That won't happen in this instance.

Due to the large scale publicity and sensitivity in this case. If a particular insurer didn't pay out they would go out of business. No one would insure with them again and no one would renew policies with them. And anyhow. These policies are all ''Underwritten'' so there would be no good reason for them not to pay out

 

[Not Andy Naylor]

The clubs and the insurance company should go after Willie McKay, the agent. I believe he and his people were the ones who arranged the flight so it's their responsibility.

Mind you, it could also be that the player invalidated his own contract if there was a clause in it forbidding him to do dangerous things like chartering incorrectly licensed aircraft. Carlo Cudicini was in breach of his Tottenham contract by riding a superbike to training, so used to park it a teammate's house and get a lift the last couple of hundred yards to the training ground. It worked pretty well until he crashed it one day and Spurs found out.

 

[ferring seagull]

IMHO - This is something which will be dealt with in due course and by those involved - It shouldn't have been aired in the media as it is disrespecful to the family of Emiliano Sala - RIP

 

[Thunder Bolt]

That's just tough luck. They would see the other side in the same situation. Common sense should prevail, and if the insurance pays out that should be the end of it.

To which club does the insurance pay out? The club that owns the player, which is Cardiff. So therefore Cardiff should pay the transfer fee to Nantes.

 

[NooBHA]

IMHO - This is something which will be dealt with in due course and by those involved - It shouldn't have been aired in the media as it is disrespecful to the family of Emiliano Sala - RIP

So true - And the Media shouldn't be chasing a story on it either. It is just bad bad taste on their part

 

[Easy 10]

The clubs and the insurance company should go after Willie McKay, the agent. I believe he and his people were the ones who arranged the flight so it's their responsibility.

Mind you, it could also be that the player invalidated his own contract if there was a clause in it forbidding him to do dangerous things like chartering incorrectly licensed aircraft. Carlo Cudicini was in breach of his Tottenham contract by riding a superbike to training, so used to park it a teammate's house and get a lift the last couple of hundred yards to the training ground. It worked pretty well until he crashed it one day and Spurs found out.

I think there was a late change of pilot which took place AFTER the flight had been chartered. Ibbottson was drafted in at late notice for some reason, replacing the original pilot, and was not experienced at flying this aircraft over the sea at night. This could end up being a key factor.

 

[Hiney]

I can’t see how Cardiff have got much of a case. Surely this incident happening three days after signing a player is no different to if it had come three years later. He’s their player.

Exactly.

What if he had suffered a career-ending injury on his first day of training?