§ 27-1-43-3 — Electronic delivery of notice or document; requirements

Indiana § 27-1-43-3

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 43: Electronic Delivery of Notices and Documents

Text

(a) As used in this section, "online platform"
means a web site or other digital application designed to facilitate the
purchase of insurance policies by parties from a licensed insurer.
(b) Except as provided in subsection (d), a notice to a party, or
another document, that:
(1) is legally required in an insurance transaction; or
(2) serves as evidence of insurance coverage;
may be electronically delivered, stored, and presented in compliance
with IC 26-2-8.
(c) Electronic delivery of a notice or document under this section is
considered to be equivalent to any legally required delivery method,
including delivery by:
(1) first class mail;
(2) first class mail, postage prepaid;
(3) certified mail;
(4) certificate of mail; or
(5) certificate of mailing.
(d) Except as provided in subsection (e), electronic delivery of a
notice or document by an insurer to a party is permitted under this
chapter if all the following apply:
(1) The party has affirmatively consented to electronic delivery
and has not withdrawn the consent.
(2) The party, before giving consent, is provided with a clear and
conspicuous statement informing the party of all the following:
(A) Any right or option of the party to have the notice or
document provided or made available in paper or another
nonelectronic form.
(B) The right of the party to withdraw consent to electronic
delivery of a notice or document and any fees, conditions, or
consequences that will be imposed on the party if the party
withdraws consent.
(C) Whether the party's consent applies:
(i) only to the particular transaction as to which the notice or
document must be given; or
(ii) to identified categories of notices or documents subject to
electronic delivery during the course of the party's
relationship with the insurer.
(D) The:
(i) means, after consent is given, by which the party may
obtain a paper copy of an electronically delivered notice or
document; and
(ii) applicable fee for the paper copy.
(E) The procedure the party must follow to:
(i) withdraw consent to electronic delivery of a notice or
document; and
(ii) update information needed to contact the party
electronically.
(3) The party:
(A) before giving consent, is provided with a statement of the
hardware and software requirements for access to and retention
of an electronically delivered notice or document; and
(B) electronically:
(i) consents; or
(ii) confirms consent;
in a manner that reasonably demonstrates that the party is able
to access information in the electronic form that will be used for
electronic delivery of notices or documents to which the party
has given consent.
(4) If, after the party has consented to electronic delivery of
notices or documents, a change in the hardware or software
requirements needed for the party to access or retain an
electronically delivered notice or document creates a material risk
that the party will not be able to access or retain a subsequent
notice or document to which the consent applies, the insurer:
(A) provides the party with a statement of the:
(i) revised hardware and software requirements for access to
and retention of an electronically delivered notice or
document; and
(ii) right of the party to withdraw consent without the
imposition of a fee, condition, or consequence that was not
disclosed under subdivision (2)(B); and
(B) complies with subdivision (2).
(e) Notwithstanding any other provision of this chapter, if a party
procures a policy of insurance through an online platform:
(1) the party affirmatively consents to have all notices and other
documents related to the policy delivered to the party
electronically; and
(2) the conditions set forth in subsection (d)(2) through (d)(4) do
not apply to the electronic delivery to the party of notices and
other documents related to the policy procured through the online
platform.
However, if a party described in this subsection requests to receive
notices and documents in paper format, the insurer shall provide all
notices and other documents related to the policy to the party in paper
format.

Legislative History

As added by P.L.119-2014, SEC.1. Amended by P.L.196-2021, SEC.29.