Solutions for Mitigating Non-Payment, Political and Contractual Default Risk
Exposure to unpaid outstanding receivables has hampered clients ability to access new financing.
Needs to improve company’s credit rating and risk profile in order to obtain favorable financing terms, balanced against the need to expand sales while mitigating the associated political and commercial risks.
Client has plans for medium to long term project development and investments throughout the region, where geopolitical, economic, counterparty and payment risks are particularly prevalent.
Prior unpaid invoices from a regional governing authority led to client initiating arbitration proceedings against that buyer to try to recoup losses.
Any future sales/delivery contracts must be secured with on-demand bank guarantees/standby letters of credit in order for lender to advance sums to client for production/development activity.
A risk management plan was structured and implemented that would address these issues, satisfying the lenders’ requirements for improved risk profile and collateral, as well as the client’s regional expansion objective. The following risk insurance programs were implemented to achieve these goals.
Trade Credit and Contract Frustration Insurance
Protects against non-payment for goods and services from a Private Counterparty due to their insolvency and/or protracted default.
Protects against the same non-payment peril as with Trade Credit (including from embargo, license cancellation, exchange transfer embargo, war), for goods and services from a Public/State Counterparty, with expanded coverage to include contract repudiation as well as cover for arbitration award default and denial of justice.
Political Violence – including Terrorism and Sabotage
Terrorism and Sabotage insurance can be purchased on a standalone basis to protect property against physical damage as a result of an act (or series of acts), including the use of force or violence, whether for political, religious or ideological reasons.
Comprehensive Contractors Plant & Equipment (Political Risks) Insurance
Coverage is designed for exporters and contractors that have mobile assets deployed at an overseas project site, on either a temporary or permanent basis. It is intended to fill in gaps of coverage that would otherwise be excluded under a Contractors All Risk program, and would protect the Assured against the loss of use and/or repossession of the insured assets.
Commodities and Stock in Storage and in Transit
Unfair (and Fair) Calling of On-Demand Contract Bonds and Bank Guarantees
Coverage extends to include Arbitration Award Default. The insurance can be obtained for either a single bond/single country or alternatively, the policy can be structured for an exporters or contractors portfolio of bid/tender, advance payment, performance, O&M bonds, etc. for any number of countries.
Supply Chain and Trade Disruption Insurance (TDI)
This insurance indemnifies for loss of income or delay in start up due to named force majeure and political events. One of the main distinctions between the TDI program and more traditional Business Interruption Insurance is that with TDI, no physical damage event need occur in order to trigger a claim.