(1)Notwithstanding any other provision of law:
(a)(I) Except as specified in subparagraphs (II) and (III) of this paragraph (a),
an insurer may terminate or otherwise change the terms and conditions of a policy
of portable electronics insurance only upon providing the vendor and enrolled
customers with at least thirty days' notice.
(II)An insurer may terminate an enrolled customer's enrollment under a
portable electronics insurance policy upon fifteen days' notice for nonpayment of
premium or for discovery of fraud or material misrepresentation in obtaining
coverage or in the presentation of a claim under the policy.
(III)An insurer may immediately terminate an enrolled customer's enrollment
under a portable electronics insurance policy:
(A)If the enrolled customer ceases
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(1)
Notwithstanding any other provision of law:
(a) (I) Except as specified in subparagraphs (II) and (III) of this paragraph (a),
an insurer may terminate or otherwise change the terms and conditions of a policy
of portable electronics insurance only upon providing the vendor and enrolled
customers with at least thirty days' notice.
(II) An insurer may terminate an enrolled customer's enrollment under a
portable electronics insurance policy upon fifteen days' notice for nonpayment of
premium or for discovery of fraud or material misrepresentation in obtaining
coverage or in the presentation of a claim under the policy.
(III) An insurer may immediately terminate an enrolled customer's enrollment
under a portable electronics insurance policy:
(A) If the enrolled customer ceases to have an active service with the vendor
of portable electronics; or
(B) If an enrolled customer exhausts the aggregate limit of liability, if any,
under the terms of the portable electronics insurance policy and the insurer sends
notice of termination to the enrolled customer within thirty calendar days after
exhaustion of the limit. If notice is not timely sent, enrollment continues
notwithstanding the aggregate limit of liability until the insurer sends notice of
termination to the enrolled customer.
(b) If the insurer changes the terms and conditions, then the insurer shall
provide the vendor with a revised policy or endorsement and shall provide each
enrolled customer with a revised certificate, endorsement, updated brochure, or
other evidence indicating that a change in the terms and conditions has occurred
and a summary of the material changes;
(c) When a vendor terminates a portable electronics insurance policy, the
vendor shall mail or deliver written notice to each enrolled customer advising the
enrolled customer of the termination of the policy and the effective date of
termination. The insurer shall mail or deliver written notice to the enrolled customer
at least thirty days before the termination.
(d) (I) Whenever notice or correspondence with respect to a policy of
portable electronics insurance is required pursuant to this part 15 or is otherwise
required by law, the insurer, vendor, or other person shall send it in writing within
the notice period, if any, specified within the statute or rule requiring the notice or
correspondence. Notwithstanding any other provision of law, an insurer, vendor, or
other person may send notices and correspondence by either mail or electronic
means.
(II) If the notice or correspondence is mailed, the insurer shall send it to the
vendor at the vendor's mailing address specified for such purpose and to its
affected enrolled customers' last-known mailing addresses on file with the insurer.
The insurer or vendor shall maintain proof of mailing in a form authorized or
accepted by the United States postal service or other commercial mail delivery
service.
(III) If the notice or correspondence is sent by electronic means, the insurer
shall send it to the vendor at the vendor's electronic mail address specified for such
purpose and to its affected enrolled customers' last-known electronic mail
addresses as provided by each enrolled customer to the insurer or vendor. The
insurer or vendor shall maintain proof that the notice or correspondence was sent.
(IV) For purposes of this paragraph (d), an enrolled customer's provision of
an electronic mail address to the insurer or vendor is consent to receive notices and
correspondence by electronic means.
(e) The supervising entity appointed by the insurer may send notice or
correspondence required by this section or otherwise required by law on behalf of
an insurer or vendor.