Read and accepted: the digital crossroads of standard terms

The author explains that recent Supreme Court criteria have shifted the traditional approach toward a comprehensive assessment of the insurer’s conduct, where the ability to demonstrate that the insured had real and effective access to contractual information may prove decisive in avoiding punitive damages awards.

In the second part, Ávalos examines practical solutions to mitigate legal risks, drawing on experiences from the financial sector and technological tools such as electronic records, timestamps, auditable repositories and step-by-step acceptance mechanisms. He emphasizes that adopting robust evidentiary frameworks not only strengthens insurers’ legal defenses but also helps reduce disputes arising from information asymmetries with policyholders.

Consult the full content of the Column here.
Consult the full content of the Column here.