New U.S.-Canada trade tensions highlight persistent tariff risks for businesses

Key takeaways 

  • Tariff-related exposures increasingly stem from supply chain, governance, litigation, and regulatory risks rather than tariffs alone. 

  • Insurance markets remain competitive, but the effects of sourcing and operational changes may emerge over time. 

  • Organizations should reassess exposures, limits, supplier dependencies, governance controls, and potential coverage gaps. 

Last year, we explored how tariffs could influence insurance programs (opens a new window) and corporate governance, presenting risks for businesses and senior leaders (opens a new window). Since then, trade tensions have intensified, particularly between the United States and Canada, bringing litigation, supply chain disruption, and greater scrutiny of management decisions. 

Yet the greatest risks may stem not from the tariffs themselves, but from the decisions companies make in response. Changes in suppliers, manufacturing locations, inventory strategies, and contractual arrangements can reshape risk profiles long before a loss occurs. 

For organizations, the takeaway is not to focus on the latest tariff announcement. Instead, it’s to identify new exposures from tariff-driven operational changes and ensure that risk controls and insurance programs are evolving along with them. 

From short-term disruption to long-term uncertainty 

After a very eventful 2025, trade uncertainty has continued in 2026.  

Following a Supreme Court decision striking down earlier tariffs, the U.S. imposed a temporary 10% global tariff and additional measures targeting countries including Canada. 

Subsequent negotiations to renew the United States-Mexico-Canada Agreement failed, leaving the agreement subject to annual review. Additional measures targeting Canadian imports followed, prompting Canadian retaliation and raising the prospect of further tariffs affecting automobiles, auto parts, and steel. 

Beyond Canada, the U.S. has imposed new tariffs on dozens of countries, creating broad operational and financial uncertainty for businesses. 

Tariff risks rise while insurance markets hold steady 

Earlier concerns that tariffs would raise costs, increase claims severity, and tighten insurance market conditions have proven only partially correct. 

Yes, higher input costs, supply chain disruptions, operational uncertainty, and a growing number of tariff-related securities litigation filings and enforcement actions have emerged. To date, however, the insurance market has not materially shifted as a result of tariffs. The market generally remains competitive, with casualty a notable exception for reasons beyond tariffs. 

That said, some consequences may take years to appear. In the long run, supplier changes, sourcing shifts, and production relocations across jurisdictions can result in product liability claims, recalls, quality control concerns, regulatory challenges, or contractual disputes that may not be foreseen today. 

The 2018 trade tensions offer a valuable lesson. Supply chain restructuring and partner diversification relieved immediate pressures but created persistent operational and insurance friction, leaving many organizations with risk profiles their insurance programs had not contemplated. 

Risks extending beyond tariffs themselves 

Changes, delays, or invalidation of tariff regimes can raise questions about costs passed on to customers and recovered funds, including contractual, disclosure, litigation, reputational, tax, and governance concerns. Operational changes made to avoid, absorb, or pass on tariffs may create broader risks. 

Emerging governance, litigation exposures 

Tariff-related exposures have increasingly materialized as securities litigation, derivative actions, and False Claims Act (FCA) enforcement by the Department of Justice (DOJ). In July, the DOJ announced more than $1 billion in civil and criminal recoveries and charged losses (opens a new window) under the FCA since the launch of its Trade Fraud Task Force in August 2025. 

These risks are not limited to large or publicly traded companies. Private organizations are equally susceptible to regulatory investigations, enforcement actions, contractual disputes, consumer claims, and allegations tied to tariff-related decisions. Exposures may also arise from impacts on suppliers, service providers, customers, and business partners. 

Supply chain adjustments 

Since early 2025, organizations have changed suppliers, relocated production, and revised procurement strategies. Although these moves may reduce costs or improve resilience, unfamiliar regions and suppliers can weaken quality controls, traceability, compliance, and contractual protections, increasing product liability, recall, property, and business interruption risks. 

As supply chains expand into new markets, organizations may also need to evaluate broader geopolitical risks, including government intervention, restrictions on the movement of funds, license revocation, expropriation, and trade restrictions. Political risk insurance may mitigate some of these exposures, particularly where foreign investments or contractual commitments are involved. 

Supplier changes can also create governance exposure. Executives and boards may face scrutiny of selection decisions, due diligence, risk assessments, and disclosures. Future claims may not explicitly reference tariffs but could stem from operational decisions made in response to them. 

Inventory strategies 

Many companies purposely accumulated inventory ahead of tariffs to control costs or avoid shortages. Larger inventories, temporary warehouses, overflow facilities, and alternative transportation routes can: 

  • Increase property and cargo exposures beyond those contemplated when existing programs were designed. 

  • Raise financing and working capital needs. 

  • Leave businesses holding expensive stock if tariffs are reduced or eliminated, demand weakens, or trade patterns shift. 

Counterparty risk 

Nearly 800 U.S. companies filed for bankruptcy in 2025, the most since 2010, according to S&P Global Market Intelligence. Another 372 filed in the first half of 2026 (opens a new window), the largest first-half total since 2010. 

Tariffs alone are not causing bankruptcies, but they are putting further financial strain on organizations also facing inflation and economic uncertainty by raising costs, compressing margins, and disrupting supply chains. 

Trade credit insurance can help protect against losses arising from customer insolvency, bankruptcy, or protracted default, but ongoing monitoring of key customers and suppliers remains key. 

Contractual risks 

Major trade shifts affect third-party agreements. During earlier conflicts, organizations adopted tariff allocation, force majeure, embargo, and similar clauses to mitigate exposure. 

Comparable challenges may arise today for businesses with cross-border supply chains, integrated manufacturing, or multiyear contracts. 

Ripple effects through auto 

The automotive sector illustrates how interconnected tariff risks can be. Integrated North American supply chains mean tariffs can raise the cost of parts, repairs, replacement vehicles, and maintenance, potentially lengthening repair timelines and increasing rental expenses, fleet downtime, and claims severity. 

Fleet operators may also extend replacement cycles or defer maintenance to control costs, creating additional operational and risk management challenges amid persistent commercial auto insurance pressures. 

What organizations should do now 

In light of recent tariffs — and ahead of possible future ones — organizations should assess how tariff-related decisions affect their risk profiles. Among other steps, organizations should revisit valuations, concentration analyses, and insurance policy limits to determine whether current assumptions still reflect reality. For example, a warehouse containing substantially more inventory than originally modeled may present a very different loss scenario than what underwriters and risk managers anticipated and planned for. 

Beyond valuations, organizations should: 

  • Identify material operational changes and quantify downside scenarios. 

  • Evaluate supplier dependencies, customer credit exposures, and business interruption assumptions. 

  • Review governance controls. 

  • Review supplier contract language, including clauses related to tariff allocation, force majeure events, and embargos. 

  • Monitor legal and regulatory developments related to tariffs, particularly across their industry. 

  • Review how new and/or more complex shipping routes may affect accumulation risk and insurance pricing. 

  • Examine how evolving risks interact across insurance programs and where coverage gaps may exist. 

Organizations should ensure that tariff-related operational decisions are subject to clear cross-functional oversight. Legal, operational, risk, and insurance teams should jointly assess shifts in sourcing, inventory, pricing, customer communications, and contracts, documenting the rationale for key decisions as well as escalation, disclosure, and multinational requirements. 

Competitive insurance conditions can be beneficial, but they do not make the underlying tariff-related exposures less significant. Organizations should use current market flexibility to confirm that policies will respond as expected, revisit limits and retentions, and close gaps before today’s operational decisions become tomorrow’s claims.