MEXICO Law and Practice Contributed by: Carlos de la Garza, Raúl Acosta and Enrique Tamez, De la Garza & Acosta Abogados, S.C.
5. Claims Against Insureds 5.1 Key Exposure Areas for Insureds Principal Exposure Areas
Emerging Risks This may nevertheless change over the coming years. Increased reliance on AI and technology could give rise to claims concerning automated decision-making, data use, cybersecurity failures, professional negli- gence and responsibility for technology supplied or operated by third parties. These developments may also create greater overlap between cyber, profes- sional indemnity, general liability and D&O policies. As these risks develop, insurers may need to become involved earlier in complex claims, particularly where specialised technical evidence is required to deter- mine causation, identify the responsible parties and assess which policies may respond. The principal challenge will be adapting existing policy wording and defence strategies to risks that may not fit neatly within traditional liability categories. 5.3 Defence Costs and Litigation Complexity Increasing Complexity Defence costs in Mexico vary significantly depend- ing on the nature and value of the underlying claim. While ordinary liability disputes remain relatively con- ventional, high-value, multi-party and technically com- plex matters increasingly require specialised legal and expert teams, which can materially increase the cost of defence. Complexity is particularly significant where several potentially responsible parties, insurers or policies are involved. In such cases, the defence may require co-ordination between different insureds and carriers, allocation of responsibility and coverage, and man- agement of potential conflicts of interest. Expert evi- dence in fields such as medicine, engineering, asset valuation, accounting or accident reconstruction may also represent a substantial component of defence costs. Cross-Border and High-Value Disputes Cross-border disputes add further procedural and practical burdens, including international service of process, obtaining evidence or examining witnesses abroad, translations and apostilles, and co-ordination with foreign counsel. Parallel proceedings in different jurisdictions may further increase costs and create inconsistent litigation strategies.
Claims against insureds in Mexico continue to be con- centrated in third-party liability matters, particularly bodily injury, death and property damage arising from motor accidents, transport activities and commercial or industrial operations. Construction, product liability and professional negligence also generate significant exposure, frequently involving technically complex questions of causation and quantum. Professional liability claims are particularly relevant for healthcare professionals, engineers, consultants and other service providers. Financial lines exposures, including claims or investigations involving directors, officers and regulated professionals, remain less prev- alent than traditional casualty claims but are increas- ingly relevant in complex corporate matters. Defence Costs Defence costs are most frequently funded or reim- bursed under general liability, professional indemnity and financial lines policies, subject to the particular policy wording, applicable limits and provisions gov- erning the appointment or approval of counsel. In sig- nificant claims, insurers may become involved at an early stage in defence strategy, expert appointments and settlement assessment. Early notification and co-ordination between the insured and insurer are particularly important. Poten- tial conflicts must also be managed where the insured requires a full defence but some allegations may ulti- mately fall outside coverage, making reservations of rights and a clear allocation of defence responsibilities increasingly important. 5.2 Shifting Risk Landscape Current Position At present, there has not yet been a clearly identifiable shift in the nature or volume of claims brought against insureds in Mexico as a direct result of AI, emerging technologies or regulatory developments. Traditional liability claims continue to account for the majority of disputes in which insurers become involved in funding or co-ordinating the defence.
185 I NSURANCE L I T IGATI O N 2026
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