MEXICO Law and Practice Contributed by: Carlos de la Garza, Raúl Acosta and Enrique Tamez, De la Garza & Acosta Abogados, S.C.
Insurers may scrutinise manufacturing, cargo, inter- national trade and supply-chain dependencies more closely, with greater attention to territorial provi- sions, business-interruption coverage, sub-limits and deductibles. Dispute Outlook A significant increase in geopolitical-related cover- age litigation is not presently expected. If disruptions intensify, disputes may arise over causation and whether losses result from an insured event or unin - sured economic or commercial disruption. 8. Emerging Risks 8.1 Market Overview of Emerging Risks Most Significant Current Risks One of the most significant developments in Mexico is the increasing complexity and financial exposure of insurance litigation. Policyholders increasingly chal- lenge policy delivery, exclusions and claims handling, while moral and punitive damage claims may materi- ally increase exposure. Climate and catastrophe risks are also relevant in property, cargo and business interruption insurance, particularly in relation to causation, valuation and con- Cybersecurity, AI and technology dependence remain developing exposures and have not yet produced a clearly identifiable increase in Mexican insurance liti- gation. These trends reinforce the importance of early legal and technical involvement, robust claims adjustment and clear policy documentation. 8.2 Impact of ESG on Underwriting and Insurance Litigation Regulatory and Underwriting Impact ESG considerations are increasingly relevant to the Mexican insurance industry, although their impact remains more evident in regulation, governance and underwriting than in coverage litigation. Since 2025, Mexican insurance regulation has required insurers to sequential losses. Developing Risks
incorporate ESG criteria into their corporate govern- ance, risk-management and investment policies, as well as related regulatory disclosures. From an underwriting perspective, environmental considerations are particularly relevant for industrial, energy and infrastructure risks, where insurers may assess potential pollution, environmental liability and climate exposure more closely. Policy terms may con- sequently place greater emphasis on environmental exclusions, risk-prevention obligations and the infor- mation disclosed by the insured during underwriting. Litigation and Claims Mexico has not yet developed a significant body of ESG-specific insurance disputes or judicial precedent. Environmental claims may nevertheless generate cov- erage issues concerning pollution exclusions, causa- tion and whether damage resulted from a sudden event or gradual contamination. Misrepresentation or non-disclosure may also become more relevant as insurers increasingly rely on sustain- ability, environmental and governance information when assessing risks. Material inaccuracies in infor- mation provided during underwriting could therefore become a future source of coverage disputes. For the time being, ESG is reshaping risk assessment and insurers’ internal governance more rapidly than insurance litigation itself, although its influence on coverage disputes is likely to increase as regulatory and disclosure obligations continue to develop. 8.3 Data Protection Laws Regulatory and Underwriting Impact Mexico enacted a new Federal Law on the Protec- tion of Personal Data Held by Private Parties in 2025, maintaining extensive obligations concerning the col- lection, processing, security and transfer of personal data. This is particularly relevant to insurers, which routinely process significant volumes of personal and, in life and health insurance, sensitive medical informa- tion. The growing importance of cyber and technology- related risks is also influencing underwriting, par- ticularly in cyber insurance, where risk assessment
189 I NSURANCE L I T IGATI O N 2026
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