Insurer rolls out policy to protect data centers against growing backlash
Published in News & Features
Intensifying public pushback against artificial intelligence data centers is spurring a new line of business for a New York-based boutique insurer.
Arbol, which was founded by a former Citadel strategist, on Tuesday launched a new policy that protects data center developers and financiers against government-imposed moratoriums that halt or suspend construction. It pays a predetermined amount if a covered action stays in effect past an agreed waiting period, helping lessen the risk of regulatory blockades that are becoming increasingly common across the U.S.
“Data center development has a new and fast-growing risk, and until now there was no way to transfer it,” said Siddhartha Jha, Arbol’s chief executive officer.
Standard commercial insurance rarely accounts for regulatory hurdles, he added. Mainstream policies require physical property damage to trigger a payout, while traditional political risk coverage usually protects from sovereign expropriation abroad, rather than suburban county board votes.
“It could go a long way to calming the nerves of what seem to be increasingly jittery investors in the AI space,” said Robert Hartwig, director at the Risk and Uncertainty Management Center of the University of South Carolina.
But given the novelty of the product and how highly tailored it needs to be to match a wide spectrum of risk across locations, he added, it will also be “difficult to roll out rapidly.”
Arbol’s policy lands as Big Tech’s aggressive infrastructure expansion hits a wall of local resistance. Across the U.S., at least 106 data center projects — representing about $198 billion in investments — were blocked or delayed amid local opposition during the first half of this year, according to Data Center Watch, a monitor run by AI intelligence firm 10a Labs.
The opposition is widening ahead of the U.S. midterm elections. Lawmakers from Texas to New York have enacted temporary halts on new developments. In Pennsylvania, Governor Josh Shapiro, who previously championed AI investments, in August signed an executive order tightening oversight on data center developments.
Since his firm initiated customer outreach through brokers in September, Jha said companies representing tens of billions of dollars in data center construction value have lined up to purchase policies.
The executive, who built Arbol by underwriting volatile climate risks in highly exposed markets, said his firm’s past work gives him confidence in pricing the uncharted political and regulatory dynamics.
“It’s not that dissimilar to what we have done in climate risks,” he said, adding his company has remained profitable by covering extreme weather and climate hazards considered uninsurable by many mainstream insurers.
Arbol transacted roughly $225 million in gross written premiums last year, up from $2 million in 2020 when it began offering insurance. Jha said the company is on track to double that figure in 2026.
To underwrite the regulatory exposure and customize policy terms, Arbol analyzes localized data points, including regional water availability, grid capacity, power rates and the jurisdiction’s historical approach toward data centers.
Arbol said its product is available nationwide, but premiums vary sharply depending on geography, permit categories and specific project exposures. It excludes places with active moratoriums, citing prohibitive costs.
Jha said he’s unfazed by the prospect of government bans continuing to spread, adding that the political stance on data centers is constantly evolving. Hyperscalers are also refining their community engagement to soften local opposition, he added.
“There’s a lot [of data centers] that do get built,” he said.
(With assistance from Gautam Naik.)
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