§ 26.1-02-32 — Electronic notices and documents

1. As used in this section:
a. "Delivered by electronic means" includes:
(1) Delivery to an electronic mail address at which a party has consented to
receive notices or documents; or
(2) Posting on an electronic network or site accessible via the internet, mobile
application, computer, mobile device, tablet, or other electronic device,
together with separate notice to a party directed to the electronic mail
address at which the party has consented to receive notice of the posting.
b. "Party" means a recipient of a notice or document required as part of an
insurance transaction, including an applicant, insured, or policyholder.
2. Subject to the requirements of this section, any notice to a party or any other
document required under applicable law in an insurance transaction or any other
document that is to serve as evidence of insurance coverage may be delivered,
stored, and presented by electronic means if the notice or document meets the
requirements of chapter 9-16.
3. Delivery of a notice or document in accordance with this section is equivalent to any
delivery method required under applicable law, including delivery by first class mail;
first class mail, postage prepaid; or registered mail.
4. A notice or document may be delivered by electronic means by an insurer to a party
under this section if the following requirements are met:
a. The party has affirmatively consented to the electronic method of delivery and
has not withdrawn the consent.
b. The party, before giving consent, is provided with a clear and conspicuous
statement informing the party of the following:

(1) The right of the party at any time to withdraw consent to have a notice or
document delivered by electronic means and any conditions or
consequences imposed if consent is withdrawn.
(2) The means, after consent is given, by which a party may obtain a paper
copy of a notice or document delivered by electronic means.
(3) The procedure a party shall follow to withdraw consent to have a notice or
document delivered by electronic means and to update the party's electronic
mail address.
c. The party:
(1) Before giving consent, is provided with a statement of the hardware and
software requirements for access to and retention of a notice or document
delivered by electronic means; and
(2) Consents electronically, or confirms consent electronically, in a manner that
demonstrates the party can access information in the electronic form that
will be used for notices or documents delivered by electronic means as to
which the party has given consent.
d. After the party has given consent, if a change in the hardware or software
requirements needed to access or retain a notice or document delivered by
electronic means 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 shall provide the party with a statement of the revised hardware and
software requirements which complies with subdivision b.
e. The insurer has provided a copy of the notice or document to the party's
insurance producer by electronic means or regular mail.
5. This section does not affect requirements related to content or timing of any notice or
document required under applicable law.
6. If a provision of this title or applicable law requiring a notice or document to be
provided to a party expressly requires verification or acknowledgment of receipt of the
notice or document, the notice or document may be delivered by electronic means
only if the electronic method used provides for verification or acknowledgment of
receipt.
7. The legal effectiveness, validity, or enforceability of any insurance contract or policy
executed by a party may not be denied solely because of the failure to obtain
electronic consent or confirmation of consent of the party in accordance with
paragraph 2 of subdivision c of subsection 4.
8. A withdrawal of consent by a party does not affect the legal effectiveness, validity, or
enforceability of a notice or document delivered by electronic means to the party
before the withdrawal of consent is effective.
9. A withdrawal of consent by a party is effective within a reasonable time, not to exceed
five days, after receipt of the withdrawal by the insurer.
10. This section does not apply to a notice or document delivered before August 1, 2019,
by an insurer in an electronic form to a party that, before that date, has consented to
receive notices or documents in an electronic form otherwise allowed by law.
11. If the consent of a party to receive certain notices or documents in an electronic form
is on file with an insurer before August 1, 2019, and pursuant to this section, an insurer
intends to deliver additional notices or documents to the party in an electronic form,
then before delivering those additional notices or documents electronically, the insurer
shall provide the insured with a statement describing:
a. The notices or documents that must be delivered by electronic means under this
section which were not previously delivered electronically; and
b. The party's right to withdraw consent to have notices or documents delivered by
electronic means.
12. Except as otherwise provided by law, if an oral communication or a recording of an
oral communication from a party can be reliably stored and reproduced by an insurer,
the oral communication or recording may qualify as a notice or document delivered by
electronic means for purposes of this section.

13. If a provision of this title or applicable law requires a signature, notice, or document to
be notarized, acknowledged, verified, or made under oath, the requirement is satisfied
if the electronic signature of the individual authorized to perform those acts, together
with all other information required to be included by the provision, is attached to or
logically associated with the signature, notice, or document.
14. This section may not be construed to modify, limit, or supersede the provisions of the
federal Electronic Signatures in Global and National Commerce Act
[15 U.S.C. ch. 7001 et seq.].