Political Risk

Subscribe to Political Risk via RSS

Today, large swaths of the globe stand at the brink of political violence and armed conflict with some areas in active warfare.  Russia’s ongoing war in Ukraine, Israel’s armed conflicts against Hamas in Gaza and Hezbollah in Lebanon, and the simmering tensions regarding China’s territorial claim to Taiwan and other disputed territories in the South China Sea are just a few international conflicts that grab daily international headlines.  Turmoil in the global markets stemming from the imposition of tariffs between the U.S. and some its trading partners has raised concerns of a global recession that could further destabilize governments and currency in emerging markets.  But in this period of uncertainty in the international order, companies with substantial international investments or operations may face increased risks of expropriation, currency instability and political violence in jurisdictions previously thought stable.  Indeed, insurance company Allianz considers about 100 countries to be at “high or extreme risk of civil unrest.” Continue Reading The Increasing Importance of Political and Marine/War Risks Insurance to Manage Risks From Global Unrest and Disruptions to the International Trade System   

Last week, Merck & Co. filed documents with the Supreme Court of New Jersey indicating that it reached a settlement with its “all risk” property insurers in a long-running coverage dispute involving over $1.4 billion in losses stemming from a 2017 NotPetya cyberattack that impacted tens of thousands of Merck computers. The coverage litigation, Merck & Co. v. ACE American Insurance Co., focused on the key question of whether the policies’ “hostile/warlike” exclusion applied to the NotPetya attack, which some intelligence agencies have attributed to Russian government attempts to destabilize Ukraine. The settlement was announced just a few days before the New Jersey Supreme Court was set to hear oral arguments during an appeal of the New Jersey state appeals court’s affirmance of a 2021 trial court ruling in Merck’s favor. Merck’s insurers had argued that Merck’s losses were barred by a war exclusion, but the New Jersey trial court found that the exclusion did not apply to malware and cyberattacks and instead was intended to apply only to physical acts of warfare between the armed forces of two or more countries. The terms and the amount of the settlement have not yet been disclosed.Continue Reading Merck-Settlement of $1.4 Billion Coverage Dispute Over NotPetya Cyberattack Places Renewed Spotlight on War Exclusions in 2024

On March 14, 2022, Russian President Vladimir Putin signed a law allowing the seizure of foreign-owned aircraft in Russia. Many aircraft in Russia are owned by international firms and leased for use in Russia. Such seizures are a likely source of insurance claims by the planes’ owners and financers.

Most commercial air carriers do not own the aircraft they operate, preferring instead to lease them for tax and accounting purposes. Many aircraft used in Russia for passenger traffic were built by Western firms and are owned and financed internationally. For example, according to news reports, 740 Bermuda-registered airplanes operated in Russia are now subject to seizure.Continue Reading What Owners and Financers Need to Know About Insurance and Putin’s Aircraft Seizure Law

The Russian invasion of Ukraine and the resulting sanctions Western countries have imposed on Russia have already caused potentially catastrophic losses for businesses with assets and investments in Ukraine, Russia and neighboring countries impacted by the attack. These losses could accelerate, based on a March 9, 2022, announcement by Russia’s ruling party.

According to that announcement, a Russian government commission has begun the approval process toward Russia nationalizing the assets of foreign businesses that leave Russia in light of the economic sanctions. This could create dire economic consequences for foreign businesses that leave Russia.Continue Reading Russia and the Insurance Angle — Tapping Political Risk and Other Insurance Coverages

Entering 2020, corporate policyholders already faced a hardening insurance market. But as the COVID-19 pandemic continues to wreak havoc on global markets and sow civil unrest throughout the globe, and the insurance industry faces unprecedented losses, the market has further deteriorated entering 2022.

In fact, Reuters reported COVID-19 losses of $44 billion so far, which represents the third-largest cost to insurers of any catastrophe to date (behind Hurricane Katrina and the 9/11 terrorist attacks). These factors have not only made some insurance companies reluctant to extend new coverage, but have also incentivized insurance companies to deny or delay claims until their balance sheets recover.Continue Reading In a Hard Global Insurance Market, Will Insurers Cover Political Risk Insurance Claims?