Rosgosstrakh Insurance Company told a business publication that it had received its first insurance claims related to attacks by unmanned aerial vehicles (UAVs) from small and medium-sized business policyholders. At the same time, it is reported that representatives of large businesses have already received approximately 1 billion rubles from insurers for insurance claims related to UAVs.
It should be noted that current Russian case law does not classify risks associated with the crash or attack of a UAV, including in border areas, as events arising from military operations, maneuvers, or other military activities. This means that, as a general rule, insurers cannot invoke the “war risks” exclusion provided for in paragraph 3 of Article 964 of the Civil Code of the Russian Federation as a basis for refusing to pay insurance compensation.
The decisive factor in determining the degree of risk is the type of activity of the insured—UAV attacks most often target oil, chemical, and gas enterprises. As a rule, such attacks are classified by Russian law enforcement agencies as crimes under Article 205 of the Criminal Code of the Russian Federation, “Terrorist Act,” or Article 281 of the Criminal Code of the Russian Federation, “Sabotage.” The corresponding risks of terrorist acts and sabotage are, as a general rule, covered by property insurance policies structured on an “all-risks” basis, unless such risks are expressly excluded in the insurance contract (policies). Currently, it is precisely within the framework of coverage for the risks of terrorist acts and sabotage that claims are being settled and losses paid in connection with UAV attacks.
It should be noted that paragraph 1 of Article 964 of the Civil Code of the Russian Federation permits the insurance of “war risks” if such coverage is expressly stipulated in the insurance contract (rules).
Against the backdrop of a rising number of UAV attacks, the issue of insurance coverage for such risks has become particularly significant for industrial and infrastructure companies. As a result, insurers are increasingly revising their policy terms, limits, and rates for terrorism and sabotage risks.
In this environment, it is particularly important for businesses to carefully analyze the terms of insurance coverage: broad and effectively (undoubtedly) functioning coverage for terrorism and sabotage risks, a clear and enforceable procedure for confirming an insured event, and other essential provisions of the insurance contract that are correctly drafted.
