Our Insurance and Reinsurance Practice Group is the most specialized and experienced in Mexico. Since 1991, we have been advising and representing the leading insurance and reinsurance companies globally in Mexican and Latin American matters.
We are the only Mexican Firm with local presence in London, one of the world’s most important insurance and reinsurance markets.
Our Firm has the most diverse insurance practice in Mexico, covering non-contentious matters, such as corporate, regulatory, transactional, compliance, product design and distribution, and contentious matters, such as claims coverage issues, arbitration and recoveries, both in day-to-day matters and in special projects. Our services include:
(i)Representation of Mexican insurance companies (including subsidiaries of major multinational insurers) in corporate, contractual and regulatory matters, including licensing, financial and solvency regulations, investments, corporate governance, anti-bribery and anti-money laundering requirements, data privacy, compliance and reporting, consumer protection, and general operational requirements.
(ii)Representation of foreign insurers in the establishment of their Mexican operations and in the acquisition of and joint ventures with Mexican insurance companies, including performing extensive due diligence work, obtaining necessary regulatory approvals, drafting and negotiating agreements and performing tax, real estate, labor, securities and other legal analysis required as part of an acquisition.
(iii)Advice on cross-border insurance and insurance-related services.
(iv)Product development including, among others, direct marketing arrangements with major Mexican credit card operators and retailers, implementation of reinsurance arrangements and broker incentive plans, drafting and negotiating agreements with hospitals for medical attention under health and accident insurance, implementation of foreign currency coverages, and, in general, development and registration of policy forms for all types of coverages.
(v)Advice in the development and implementation of new technologies and insurtech projects.
(vi)Advice on claims and coverage issues.
(vii)Participation in national and international insurance and reinsurance arbitration and litigation as arbitrators, Mexican counsel and experts on Mexican insurance laws.
(viii)General advice on regulatory, transactional and corporate work for foreign reinsurers and Mexican insurance-related entities.
An impressed client singles out the lawyers’ “discipline, rigour and working culture, as well as their teamwork and the quality of their deliverables.”
Sources go on to add: “I love their client service; they respond quickly to requests, they deliver things when they say they will, and it is very easy to get in touch with them.”
Chambers & Partners Latin America – Insurance, 2021
We have plenty experience in representing clients in administrative proceedings before the authorities regulating and supervising the insurance and bonding operations in Mexico, such as, the Ministry of the Treasury and Public Credit (Secretaría de Hacienda y Crédito Público), the National Insurance and Bonding Commission (Comisión Nacional de Seguros y Fianzas) (“CNSF”), the National Commission for the Defense of Users of Financial Services (Comisión Nacional para la Defensa de los Usuarios de Servicios Financieros) (“CONDUSEF”), and the Ministry of Health (Secretaría de Salud).
Various members of the Insurance and Reinsurance Practice Group are:
(i)Certified legal experts by the CNSF to issue legal opinions (dictámen jurídico) and consistency opinions (dictámen de congruencia) required for the registration of insurance products with said Commission.
(ii)Active speakers in specialized insurance forums and Universities.
(iii)Regularly publishing legal articles on insurance and reinsurance and finance related topics in specialized publications.
(iv)Active members of the Mexican Chapter of AIDA, the Asociación Mexicana de Derecho de Seguros y Fianzas (Mexican Association of Insurance and Bonding Law) (“AMEDESEF”).
Download a Q&A on Insurance & Reinsurance law in Mexico
Partners Yves Hayaux-du-Tilly and Luciano Pérez contributed to The Legal500 Comparative Guide on Insurance & Reinsurance. This country-specific Q&A gives a pragmatic overview of the law and practice of insurance & reinsurance law in Mexico. It addresses topics such as contract regulation, licensing, penalties, policyholder protection, alternative dispute resolution as well as personal insight and opinion as to the future of the insurance market over the next five years.
