Insurance & Reinsurance

• Acting for a local insurer in a cargo claim from the alleged cargo owner in a coverage dispute derived from the theft of the full cargo; AGB obtained a favourable judgment on the basis of an innovative interpretation of insurable interest under Mexican Law

• Represented a local insurer in a series of property cases claiming excessive indemnities derived from damages caused by major earthquake in Mexico, successfully obtaining a substantive reduction in the damages awarded.

• AGB have advised and represented inland carriers, logistics companies and their insurers in a variety of matters, including liability defense, cargo disputes, environmental issues and contractual disputes before both state and federal courts.

• Acting for a Mexican subsidiary of a foreign insurer defending the termination of an insurance contract due to the misrepresentation by the insured.

• Acting on behalf of insurers of a credit facility as codefendants against a claim from the creditee for the alleged breach of contract from the creditor.

• Represented insurers in a recovery claim against builders for errors in a construction which caused flooding.

• Represented insurers in a subrogation recovering against cargo carriers in which the limitation of liability was successfully broken in favour of insurers

• Represented insurers in a recovery against vessel charterers and their insurers for damages caused to port infrastructure.

• AGB assisted a major international insurer in the drafting and filing of their insurance products with the Mexican insurance Regulator.

• Advised an airports operator in Mexico in the drafting and negotiating of a global bonding agreement with an international insurance and sureties company.

• Successfully obtained on behalf of a Mexican fertility clinic a special authorization from the Mexican Insurance Regulator (Comisión Nacional de Seguros y Fianzas) to insure with a foreign insurance company, human embryos located within Mexican territory. Mexican Law forbids to hire insurance with foreign insurers for risks that may occur in Mexico; also, Mexican law forbids to hire life insurance for persons under 12 years old. The clinic required to cover frozen human embryos under its custody and care against their potential death.

• Assisted a Mexican private collective ride hailing company with a legal opinion regarding its probable liability derived from the services rendered by third parties through their platform. AGB prepared a unprecedent legal opinion on (i) the company’s probable liability derived from the transportation services rendered by third parties and the owners of the vehicles through their platform; (ii) the type of Insurance to be hired as well as the proposed insurance that owners and drivers shall have in order to be able to provide their services through the Company; and (iii) the type of insurance that shall be provided to the users, as well as several additional means to protect all the parties involved.