MEXICO Law and Practice Contributed by: Carlos de la Garza, Raúl Acosta and Enrique Tamez, De la Garza & Acosta Abogados, S.C.
period generally applicable to non-life insurance claims. Although the policy itself is not life insurance, the Court considered that the longer period should apply because the claim concerns coverage arising from the death of the third party. A significant 2026 precedent further held that, where the insurer first obtains sufficient information concern- ing the claim through judicial proceedings, service of process triggers the 30-day period relevant to the statutory indemnity for late payment. These developments strengthen the procedural posi- tion of third-party beneficiaries and reinforce the importance for liability insurers of assessing both the underlying liability and the coverage position promptly once a claim or proceeding arises. 6.2 Emerging Liability and Defence Trends Current Trends Mexico has not yet experienced a significant shift towards regulatory-driven or co-ordinated multi-claim- ant litigation comparable to that seen in some other jurisdictions. Most claims against insureds continue to arise from traditional liability exposures, although high-value bodily injury, professional liability and major casualty matters are becoming more sophisticated in the way they are pleaded and pursued. One relevant development is the increasing use of moral and punitive damages theories, which may substantially increase the amount claimed beyond the underlying economic loss. Recent Supreme Court jurisprudence has also reinforced the significance of punitive damages in cases involving highly reprehen- sible conduct, increasing the need to assess not only legal liability but also the manner in which the underly- ing events and subsequent conduct may be presented Reputational considerations may also influence the defence of significant claims, particularly where seri- ous injury, death or allegations of misconduct attract public attention. Nevertheless, co-ordinated multi- claimant actions remain relatively uncommon in Mexi- can insurance litigation. before the courts. Defence Strategy
Insurers are responding to complex claims through earlier involvement of specialised counsel and experts, preservation of contemporaneous evidence and clos- er co-ordination with insureds. In high-value matters, an early assessment of causation, potential damag- es, coverage and settlement exposure can materially improve both defence strategy and cost control. 7. Geopolitical Factors 7.1 Geopolitical Drivers of Insurance Disputes Unlike in some jurisdictions, recent geopolitical devel- opments have not yet produced a significant or clearly identifiable increase in insurance or reinsurance dis- putes in Mexico. Their impact has so far been pre- dominantly indirect, through changes in trade policy, investment decisions and supply chains rather than through coverage litigation itself. Trade relations with the United States are particu- larly relevant. Current US policy favours increased domestic manufacturing, while the ongoing United States–Mexico–Canada Agreement (USMCA) review has focused on automotive rules of origin, steel and aluminium, economic security and reducing the use of non-market inputs in North American supply chains. Mexico has likewise increased tariffs on numerous imports from countries with which it has no free-trade agreement, affecting, among other sectors, automo- tive and industrial supply chains. These developments may ultimately affect marine and cargo insurance, trade credit, supply-chain and business-interruption coverages, as companies alter suppliers, production locations and transportation routes. To date, however, their effect is more readily observable in underwriting and risk assessment than in the volume of reported insurance litigation. 7.2 Sanctions and Payment Challenges Current Impact Evolving international sanctions regimes have not yet generated a significant volume of reported insurance coverage disputes in Mexico. Their practical impact is more frequently encountered in cross-border insur- ance and reinsurance, where payments may involve foreign reinsurers, correspondent banks or financial
187 I NSURANCE L I T IGATI O N 2026
CHAMBERS.COM
Powered by FlippingBook