MEXICO Law and Practice Contributed by: Carlos de la Garza, Raúl Acosta and Enrique Tamez, De la Garza & Acosta Abogados, S.C.
9. Legislative and Regulatory Key Trends 9.1 Regulatory Focus Areas and Supervisory Trends Prudential and Operational Supervision Regulatory supervision in Mexico continues to focus principally on solvency, corporate governance and comprehensive risk management. Operational and technology risks are also increasingly relevant, with insurers required to maintain appropriate information- security controls, contingency arrangements and oversight of outsourced services. ESG considerations have likewise become more prom- inent in the regulatory framework. Mexican insurance regulation now requires ESG criteria to be incorporat- ed into corporate governance and risk-management policies, although their impact remains more evident in insurers’ internal processes and underwriting than in insurance litigation. Consumer Protection and Dispute Risk Consumer protection remains an important area of regulatory attention. CONDUSEF supervises trans- parency and contractual practices and maintains the public registry of insurance adhesion contracts, while also providing mechanisms through which policyhold- ers may pursue complaints against insurers. The authors have not, however, observed a significant new regulatory trend specifically targeting claims han- dling or delays beyond the existing statutory frame- work. The more immediate dispute risk arises from the interaction between consumer-protection require- ments and judicial scrutiny of policy delivery, exclu- sions and claims decisions.
These developments encourage insurers to maintain clear policy wording, reliable evidence of contractual delivery, robust claims files and appropriate oversight of third parties involved in underwriting or claims han- dling. Deficiencies in these areas may increasingly influence both regulatory complaints and subsequent coverage litigation. 9.2 Forthcoming Reforms and Market Impact Major Medical Expenses Insurance No comprehensive reform materially altering insur- ance coverage or claims handling has yet been enact- ed, but major medical expenses insurance is receiving significant legislative attention. Pending initiatives, including proposals introduced by PRI federal legislator Yerico Abramo Masso, seek greater transparency regarding medical networks, fee schedules, premiums, deductibles and co-insurance, as well as measures addressing age-related premium increases and private-hospital prices. Potential Market Impact If adopted, these measures could require revisions to policy wording, disclosures and claims or reimburse- ment processes. Their ultimate scope and timing remain uncertain.
191 I NSURANCE L I T IGATI O N 2026
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