Yamil Antonio Mobarec Gutiérrez – GC Powerlist
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Bolivia 2025

Insurance

Yamil Antonio Mobarec Gutiérrez

Legal counsel | Bisa Seguros y Reaseguros

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Bolivia 2025

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Yamil Antonio Mobarec Gutiérrez

Legal counsel | Bisa Seguros y Reaseguros

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience??

As an in-house legal advisor for an insurance company, I try to address the legal issues that arise in times of crisis such as those currently being experienced in Bolivia, attempting to anticipate the contingencies that the company could face.

It should be noted that, in recent years, the country has been facing a political, social, moral and, above all, economic crisis, affecting companies due to the rise of the dollar and the difficulty of importing and exporting.

At the company where I work, this period of crisis and economic instability has led to an increase in the cost of products and supplies, especially for certain types of insurance, which has resulted in an increase in the premiums paid by our policyholders and in our commercial relationship with foreign reinsurers, as reinsurance contracts are signed in US dollars. This has become a major obstacle to the normal development of business with these companies, due to the obvious depreciation of the boliviano against other currencies and the impossibility of making international transfers in foreign currency.

However, in order to ensure the company’s resilience during this crisis, several measures were taken, such as changing the reinsurance approach by expanding our commercial relationships with Bolivian insurers and in local currency, updating our clients’ insured values in Bolivianos, and paying compensation in local currency.

We also maintain clear and direct communication with our policyholders so that they fully understand the changes that are being made.

Overall, despite all the difficulties, these changes have created new opportunities for the company, and as legal advisor, I am responsible for ensuring that these strategies are viable.

What are the main cases or transactions that you have been involved in recently?

In my capacity as in-house legal counsel, I recently participated in a complex case in which a major policyholder requested, through his solicitors, coverage of medical expenses under his medical assistance policy because of a beating he received after an alleged kidnapping. After analysing the background, it was decided not to provide coverage, so I held intensive meetings with the insured party’s lawyers, together with the relevant management, to explain the scope of the coverage and the exclusion based on which we decided to reject the claim.

I also participated in the analysis of coverage for a claim made by the Autonomous Departmental Government of Oruro in relation to a contract performance guarantee policy that a company had with us in 2009 in the city of Cochabamba. After several years and a review of the complex legal background and the terms and conditions of the policy, it was decided to cover the claim, and the insurer will compensate the beneficiary directly.

On the other hand, I was involved in a case relating to a civil liability policy in the city of Santa Cruz, where a four-year-old girl fell to the ground from the first floor of a building owned by our insured, which was rented to a company for use as a café and bakery.

As a result of this fall, the girl suffered serious personal injury and her parents, through their solicitors, sought to hold our insured liable for the incident as the owner of the property.

After conducting an extensive analysis, it was decided to reject the claim on the grounds that our insured had no direct responsibility for implementing safety measures to prevent the incident.

Finally, I participated in the negotiation of a case where our client, a gynaecologist, had a medical professional liability policy with our company.

The insured filed a complaint with the company due to malpractice on his part involving one of his patients who was pregnant. As a result of this negligent act, the newborn unfortunately died, and our insured was charged with manslaughter, which was already under investigation.

After reviewing the insurance contract and the entire investigation file, it was established that our insured was responsible for the act for which he was reported, so it was decided to cover the claim and negotiate with the lawyers of the affected parties until a compensation agreement was reached to close the case.

What do you see as the major legal challenges for businesses in Bolivia over the next five years, and how are you preparing to address them?

Bolivia is undergoing a political, social, economic and moral crisis, which means that companies in the country are affected and face very significant legal challenges.

With the arrival of a new government in November 2025, companies will have to be attentive to the measures that the new administration will take, although I believe that the main legal challenges for companies will consist of dealing with the legal uncertainty that the country has been experiencing since 2006 as a result of the misguided policies of the party in power since that year.

Another major challenge, and perhaps the most important one facing companies, will be the legal consequences of the shortage of dollars and fuel, especially with regard to contract compliance, with increasing difficulty in importing and exporting products.

On the other hand, companies will be obliged to comply with new laws and regulations imposed by the State, which could change depending on the social and labour policies adopted by the new government.

Finally, I believe that another major legal challenge for Bolivian companies in the next five years will be their relationship with technology. Specifically, in my area of expertise, which is insurance law, I maintain that the use of new technologies will have a significant impact on insurance companies.

On the other hand, companies will be required to comply with new laws and regulations imposed by the state, which could change depending on the social and labour policies adopted by the new government. Finally, I believe that another major legal challenge for Bolivian companies in the next five years is their relationship with technology. Specifically, in my area of expertise, which is insurance law, I maintain that the use of new technologies will have a significant impact on insurance companies.

Therefore, the legal challenges facing companies in Bolivia must be viewed from different angles, given that a new cycle will begin in the country in November of this year.

Finally, at the company where I provide my professional services as a legal advisor, we constantly analyse the economic, political and social situation in order to anticipate situations that could give rise to legal contingencies that could harm the business, and decisions are made accordingly.

We also keep up to date with technological advances and take care to ensure that our labour and commercial practices are within the law. , I believe that another major legal challenge for Bolivian companies in the next five years is their relationship with technology. Specifically, in my area of expertise, which is insurance law, I maintain that the use of new technologies will have a significant impact on insurance companies.

Therefore, the legal challenges facing companies in Bolivia must be viewed from different angles, given that a new cycle will begin in the country in November of this year.

Finally, at the company where I provide my professional services as a legal advisor, we constantly analyse the economic, political and social situation in order to anticipate situations that could give rise to legal contingencies that could harm the business, and decisions are made accordingly.

We also keep up to date with technological advances and take care to ensure that our labour and commercial practices are within the law. Finally, I believe that another major legal challenge for Bolivian companies in the next five years is their relationship with technology. Specifically, in my area of expertise, which is insurance law, I maintain that the use of new technologies will have a significant impact on insurance companies.

Therefore, the legal challenges facing companies in Bolivia must be viewed from different angles, given that a new cycle will begin in the country in November of this year.

Finally, at the company where I provide my professional services as a legal advisor, we constantly analyse the economic, political and social situation in order to anticipate situations that could give rise to legal contingencies that could harm the business, and decisions are made accordingly.

We also keep up to date with technological advances and take care to ensure that our labour and commercial practices are within the law.

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