Unlawful occupation of a site
The takeover of a plant, mine or site by strikers, local residents or activists, which halts operations, often without causing the physical damage the policy requires.
A plant occupied by its strikers often has no broken window and no burned machine, and that is the insured's whole problem. Political violence policies and SRCC (strikes, riots and civil commotion) extensions are triggered by physical damage caused by an insured peril. A peaceful occupation stops operations without damaging anything: no damage, no business interruption to pay, even if the shutdown runs for two months. The claim only arises when the occupiers break, loot or burn. Classification then follows the facts: damage by strikers or locked-out workers (the S in SRCC), by a crowd disturbing public order (riot, civil commotion), or by a single individual (malicious damage). The strike itself, the work stoppage, stays excluded everywhere. Several wordings add an express exclusion for loss resulting from occupation of the premises. The denial of access extension, where there is one, usually requires damage within a set radius. For mines, the angle shifts. Blockades by neighboring communities recur in Peru or the Democratic Republic of the Congo. The investor then turns to its political risk policy: forced abandonment, or a state measure: tolerating the occupation to the point where it amounts to dispossession. One caveat: case law on creeping expropriation remains narrow, and inaction by local police rarely proves an act of the state on its own.
In April 2022, members of the Fuerabamba and Huancuire communities set up camp on land at the Las Bambas copper mine (Peru, MMG group), which suspended production for more than fifty days.
unlawful occupation, site occupation, factory occupation, mine blockade
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