Disappearance of Emiliano Sala: which insurance will reimburse the costs?

Emiliano Sala, an Italian -Argentine footballer, disappeared in the English Channel following the crash of the plane carrying him from Nantes (France) to Cardiff (Wales) on 21 January 2019. The accident occurred two days after the signing of his transfer from FC Nantes to Cardiff City FC.

Emiliano SalaIn a voice recording circulating on the web, Sala did not seem reassured by the condition of the aircraft in which he travelled.

This accident raises many questions on both sides of the Channel. It is now about defining the responsibilities and compensating all the parties involved.

Disappearance of Emiliano Sala: 18 million USD of losses for Cardiff city FC

The disappearance of Emiliano Sala represents a significant loss for Cardiff City FC. The transfer fees amount to 30 million GBP (39 million USD). This is in addition to the non-material damages suffered by the purchaser among which the failure to stay in the premier League next season.

Sala was recruited to keep the club, currently in relegation, among the elite of the English football. Moreover, the loss of the footballer in such circumstances could undermine the image of the club: loss of visibility and notoriety in case of demotion to a lower division.

Disappearance of Emiliano Sala: Insurance and the sharing of responsibilities

It is too early to identify the responsibilities of the various parties involved in the transfer of the footballer Emiliano Sala. Four main players may be held liable in this tragedy. Are concerned in the first instance, the two football clubs Cardiff FC and FC Nantes, the owner of the aircraft and the pilot.

This list may be extended to all intermediaries involved in the transfer and the aircraft lease.

According to the sports law, a transfer contract is valid only after its signature by the parties and its registration on the FIFA database. In case the procedure was respected, Sala is considered a Cardiff player. The club of Nantes and its insurers are therefore not concerned with any compensation. Otherwise, they will be impacted by the disaster.

SalaA performance obligation weighs on any air carrier, as long as the flight is commercial in nature. According to international conventions, this assumption of liability of the carrier results in a lump sum compensation of 100 000 euros (114 000 USD) for the beneficiaries. A very low amount compared to the 18 million USD loss for Cardiff City FC.

Other fault-based liabilities may also be borne by the carrier who will be called, therefore, to indemnify the third parties and the employers.

According to the "Times" It was the footballer, and not Cardiff, who organized his flight aboard a Piper Malibu private plane. The second revelation was that the pilot of the aircraft did not have the necessary documents to carry out the flight.

Disappearance of Emiliano Sala: The version of Willie McKay, Emiliano Sala's agent

Questioned by the French sports newspaper "'L'EQUIPE" Willie McKay, agent of the footballer and organizer of the flight between Nantes and Cardiff, brings new developments to the investigation.

He said that, he himself sought the services of a pilot that he knew well, David Henderson. The latter had all the necessary licenses to ensure the flight. A last minute change was made without the knowledge of Willie McKay. Finally, it was David Ibbotson who replaced D. Henderson at the controls of the aircraft.

According to the same source, D. Henderson paid with his credit card, the hotel fees of David Ibbotson in Nantes.

* The aircraft wreckage was found on February 3, 2019, some 67 metres below the Channel. This discovery could explain the causes of the crash and determine the responsibilities. No black box was found on board the wreck.

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