An Insurance Guide for Canadian Businesses Expanding into the US

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Updated on August 20, 2025

3 minute read

Expanding your Canadian business into the United States can open up access to a massive market and potentially higher revenue. But it also means stepping into a different regulatory, legal, and insurance environment. Here’s a practical guide to help you understand what to expect and how to protect your business when expanding into the U.S.

Canadian Businesses and U.S. Expansion At a Glance

  • At the end of 2024, Canadian direct investment in the U.S. reached $1.3 billion, accounting for more than 52% of Canada’s total outward investment.
  • According to the U.S. Bureau of Economic Analysis (BEA), in 2022, majority-owned U.S. affiliates of foreign multinationals employed 8.35 million workers, with Canadian firms among the leading investors.
  • In 2024, the U.S. was the sole export market for nearly two-thirds (65.9%) of Canadian exporting enterprises.

Why U.S. Expansion Changes Your Insurance Needs

Your business insurance policy in Canada might not automatically cover your operations in the U.S., or it might have restrictions for cross-border work. Even if it does extend coverage, the limits and terms may not match what’s required in the states where you operate.

U.S. business environments also bring:

Higher litigation risk:

The U.S. is known for being more litigious than Canada, and legal defence costs can be much higher.

Different liability standards:

Negligence laws, product liability standards, and contract obligations vary widely.

Employee-related differences:

Hiring U.S.-based staff means navigating different workers’ compensation and employment laws.

In summary, expanding to the U.S. often means your current insurance setup needs an overhaul.

Key Coverages You May Need to Consider

Even if you already have comprehensive coverage in Canada, operating in the U.S. often means higher limits, additional policies, and meeting specific state requirements.

Here are some of the main coverages you should review when entering the U.S. market:

U.S. clients and landlords often require higher limits that can go up to $5 million USD or even more.

If you’re selling goods in the U.S., product liability exposure can be significantly higher, especially in industries like food, consumer goods, or electronics.

This is mandatory in most states if you have U.S.-based employees. Each state has its own rules, so you’ll need to set up a policy that complies locally.

If you provide professional services like IT consulting, engineering, or marketing, you may need U.S.-specific E&O coverage. American clients often have strict contract clauses about this.

If your vehicles operate in the U.S., you’ll need insurance that meets U.S. state minimums, which may differ from Canadian standards.

Given strict U.S. data laws (and the cost of breaches), cyber insurance is becoming a must-have for many Canadian businesses with U.S. customers.

Expanding to the U.S.- Key Coverages to Review

Regulatory Compliance by State

Expanding to the U.S. is also complicated by the fact that different states have different state-level compliance laws. Here’s a closer look at issues you’ll need to keep in mind:

Workers’ compensation

Some states allow you to buy coverage from private insurers, others require state-run programs.

Auto insurance minimums

Even the legally required minimums vary widely, so a vehicle insured in Ontario might not meet requirements in Florida or Nevada.

Licensing requirements

These can affect your insurance eligibility. For example, some industries must carry certain coverage as a condition of operating in the state.

It’s not enough to just “get U.S. insurance”; you need to make sure it’s compliant in each state you do business in.

Privacy, Cybersecurity, and Data Risk

Canadian privacy laws like PIPEDA are already strict, but several U.S. states go even further, especially California (CCPA/CPRA) and New York (NY SHIELD Act). If you collect, store, or process data from U.S. customers, you may face obligations such as:

  • Notifying affected individuals quickly after a breach (often within 30 days)
  • Giving consumers rights to access or delete their data, which may require changes to your internal systems and processes
  • Meeting specific security standards for storing sensitive information, including encryption and access controls

Cyber liability insurance in the U.S. can help cover:

  • Data breach investigation and notification costs, including legal guidance and PR support
  • Ransomware payments and negotiations when systems are locked or data is stolen
  • Regulatory fines are insurable, which can vary by state and by the nature of the incident

Key Advice from MyChoice

  • If you’re planning to expand into the U.S., you’ll need to budget for higher insurance costs. U.S. coverage often comes with higher premiums due to litigation risks.
  • Review contracts before signing. Many U.S. clients have specific insurance wording and minimums written into agreements.
  • Plan for state-by-state compliance. If you’re operating in multiple states, ensure your coverage meets each jurisdiction’s rules.

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