Document Type

Article

Disciplines

Insurance Law

Abstract

Developed democracies in the West are facing a surge of political

risk. Democratic institutions are showing their weaknesses as polarization,

populism, and trade conflicts sweep across the developed world. Firms and

investors with multinational interests have been turning to political risk

insurance to mitigate potential losses due to adverse government action.

Once limited to emerging markets to insure against risks such as civil war

or expropriation, political risk insurance is increasingly being purchased to

protect assets from emerging risks in developed economies. While private

insurers have been able to respond to the increase in demand for coverage,

they are not as well-equipped as their public counterparts. Private insurers

lack the information back-channels that only government intelligence

networks can provide and do not have the political clout to advocate on

behalf of their insureds. Public providers of political risk insurance are

typically prohibited from offering coverage for investments outside

developing markets and are thus unable to respond appropriately to the new

political risks emerging in western democracies. This Note argues that these

restrictions should be relaxed in light of the new threats facing multinational

firms and investors that need the backing and support of their home

governments.

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