Insurance & Reinsurance
Legal determination of coverage, claims-related matters and subrogation cases in the following areas: Maritime, Air, Inland and Railroad Transportation, Property, and Fire Insurance.
Litigation and dispute resolution of insurance and reinsurance related matters before the Mexican Insurance Authorities, Federal Courts and State Courts including General Liability, Products Liability, Fire, Business Interruption, Directors and Officers, Errors and Omissions, Professional Liability and Catastrophic Risks issues.
Legal advice on the Regulatory, Organizational, Operational and Transactional requirements, Product Development and Establishment of Mexican and foreign insurance and reinsurance companies in Mexico.
Legal advice to national and foreign Insurance Companies in the areas of Corporate Law, Mergers and Acquisitions, Foreign Investment, Contracts and Finance Transactions.
The team has acted on behalf of insurers and reinsurers and their insureds on numerous types of defence matters We have also represented insurers in coverage disputes involving General Liability, Products Liability, Fire, Business Interruption, D&O, E&O as well as in subrogation and recoveries against carriers, contractors, third parties.
We have assisted insurers with their Regulatory, Organizational, Operational and Transactional requirements, Product Development and Establishment in Mexico.
Experience & Significant Cases:
• 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.
• 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.
Marine & Shipping
Legal advice and assistance in transactional matters, including ship finance, building contracts, securities, registration of titles, mortgages and other guarantees.
Oil & Gas
Legal advice and assistance in the establishment of new companies in Mexico, and its participation in Bids with State owned and private oil companies.