Topic: Latin American Developments

Brazil – Effective Date of Resolution No. 224/10 Postponed

On Friday, January 27, 2011, the National Council of Private Insurance (CNSP) published Resolution No. 231/11 postponing the effective date of Resolution No. 224/10 from January 31, 2011 to March 31, 2011.  CNSP had previously published Resolution No. 224/10 in December, which provided that insurance risks in Brazil cannot be ceded to companies abroad that belong to the same financial group. 

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Brazil – Recent Insurance Regulations

In December, the National Council of Private Insurance (CNSP) published Resolutions Nos. 224/10 and 225/10, each amending Resolution 168/07.  Resolution 224, which becomes effective January 31, 2011, provides that insurance risks in Brazil cannot be ceded to companies abroad that belong to the same financial group. 

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Mexican Court Finds Insurer Jointly Liable For Medical Error

Insurers authorized in Mexico must consider the issue of potential liability in connection with selecting physicians for their medical network to provide services to their insureds.  A federal collegiate court in Mexico recently ruled, in a 10-year long case, that insurers can be held jointly liable with professionals that form part of their medical network. 

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Venezuela’s New Insurance Activity Law Comes Into Force

The Venezuelan National Assembly has published in an extraordinary Official Gazette the new Insurance Activity Law, under which the insurance regulator is granted substantial new powers to intervene in the industry.  The law, which was published on 29 July, is a complete redrafting of the 1995 Insurance Law and is in line with President Hugo Chavez’s plans to redraw the economy. 

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