§ 3458 — Electronic notices and documents

* § 3458. Electronic notices and documents. (a) As used in this\nsection, the following words shall have the following meanings:\n (1) "Delivered by electronic means" includes:\n (A) delivery to an electronic mail address at which a party has\nconsented to receive notices or documents; or\n (B) posting on an electronic network or site accessible via the\ninternet, mobile application, computer, mobile device, tablet, or any\nother electronic device, together with separate notice of the posting\nwhich shall be provided by electronic mail to the address at which the\nparty has consented to receive notice or by any other electronic\ndelivery method that has been consented to by the party.\n (2) "Party" means any recipient of any notice or document required as\npart of a property/casualty insurance transaction, including but not\nlimited to an applicant, an insured, or a policyholder.\n (3) "Property/casualty insurance" means basic kinds of insurance and\nnon-basic kinds of insurance, as defined in section four thousand one\nhundred one of this chapter, provided that "property/casualty insurance"\nshall not include accident and health insurance as defined in paragraph\nthree of subsection (a) of section one thousand one hundred thirteen of\nthis chapter.\n (b) Subject to the requirements of this section, any notice to a party\nor any other document required under this chapter in a property/casualty\ninsurance transaction or that is to serve as evidence of\nproperty/casualty insurance coverage may be delivered by electronic\nmeans so long as it meets the requirements of article three of the state\ntechnology law. Where this chapter requires that notice be mailed or\ndelivered to an address shown in the policy, the notice may be delivered\nby electronic means to an electronic address not specified in the\npolicy.\n (c) Delivery of a notice or document in accordance with this section\nshall be considered equivalent to any delivery method required under\nthis chapter, other than section three thousand one hundred eleven of\nthis chapter, including delivery by first class mail; first class mail,\npostage prepaid; certified mail; certificate of mail; or certificate of\nmailing.\n (d) A notice or document may be delivered by electronic means by an\ninsurer to a party under this section if:\n (1) the party has affirmatively consented to that method of delivery\nand has not withdrawn the consent;\n (2) the party, before giving consent, is provided with a clear and\nconspicuous statement informing the party of:\n (A) the right of the party to withdraw consent to have a notice or\ndocument delivered by electronic means, at any time, and any conditions\nor consequences imposed in the event consent is withdrawn;\n (B) the types of notices and documents to which the party's consent\nwould apply;\n (C) the right of a party to have a notice or document delivered in\npaper form; and\n (D) the procedures a party must follow to withdraw consent to have a\nnotice or document delivered by electronic means and to update the\nparty's electronic mail address;\n (3) the party:\n (A) before giving consent, is provided with a statement of the\nhardware and software requirements for access to and retention of a\nnotice or document delivered by electronic means; and\n (B) consents electronically, or confirms consent electronically, in a\nmanner that reasonably demonstrates that the party can access\ninformation in the electronic form that will be used for notices or\ndocuments delivered by electronic means as to which the party has given\nconsent; and\n (4) after consent of the party is given, the insurer, in the event a\nchange in the hardware or software requirements needed to access or\nretain a notice or document delivered by electronic means creates a\nmaterial risk that the party will not be able to access or retain a\nsubsequent notice or document to which the consent applies:\n (A) provides the party with a statement that describes:\n (i) the revised hardware and software requirements for access to and\nretention of a notice or document delivered by electronic means; and\n (ii) the right of the party to withdraw consent without the imposition\nof any condition or consequence that was not disclosed at the time of\ninitial consent; and\n (B) complies with paragraph two of this subsection.\n (c) Delivery of a notice or document in accordance with this section\nshall be considered equivalent to any delivery method required under\nthis chapter, other than section three thousand one hundred eleven of\nthis chapter, including delivery by first class mail; first class mail,\npostage prepaid; certified mail; certificate of mail; or certificate of\nmailing.\n (e) (1) Before a notice or document is delivered by electronic means,\nan insurer shall obtain a party's consent to deliver that kind of notice\nor document by electronic means. A party's consent to receive one type\nof notice or document shall not be construed as a blanket consent for\nevery kind of notice and document to be delivered by electronic means. A\nparty's consent shall only apply to the types of notices and documents\nidentified in the clear and conspicuous information statement provided\nto the consenting party, as required by subparagraph (B) of paragraph\ntwo of subsection (d) of this section.\n (2) Any electronic mail being sent by an insurer to a party in\nconnection with the delivery of a cancellation notice, non-renewal\nnotice or conditional renewal notice delivered by electronic means shall\ninclude in the subject line and body of the communication clear and\nconspicuous language alerting the receiving party as to the importance\nof the communication and the type of notice being delivered by\nelectronic means to such party.\n (f) This section does not affect requirements related to content or\ntiming of any notice or document required under this chapter.\n (g) If a provision of this chapter requiring a notice or document to\nbe provided to a party expressly requires verification or acknowledgment\nof receipt of the notice or document, the notice or document may be\ndelivered by electronic means only if the method used provides for\nverification or acknowledgment of receipt.\n (h) The legal effectiveness, validity, or enforceability of any\ncontract or policy of insurance executed by a party may not be denied\nsolely because of the failure to obtain electronic consent or\nconfirmation of consent of the party in accordance with subparagraph (B)\nof paragraph three of subsection (d) of this section.\n (i) (1) A withdrawal of consent by a party does not affect the legal\neffectiveness, validity, or enforceability of a notice or document\ndelivered by electronic means to the party before the withdrawal of\nconsent is effective.\n (2) A withdrawal of consent by a party is effective within a\nreasonable period of time after receipt of the withdrawal by the\ninsurer.\n (3) Failure by an insurer to comply with paragraph four of subsection\n(d) and subsection (k) of this section may be treated, at the election\nof the party, as a withdrawal of consent for purposes of this section.\n (j) This section does not apply to a notice or document delivered by\nan insurer in an electronic form before the effective date of this\nsection to a party who, before that date, has consented to receive a\nnotice or document in an electronic form otherwise allowed by law.\n (k) If the consent of a party to receive certain notices or documents\nin an electronic form is on file with an insurer before the effective\ndate of this section, and pursuant to this section, an insurer intends\nto deliver additional notices or documents to such party in an\nelectronic form, then prior to delivering such additional notices or\ndocuments electronically, the insurer shall:\n (1) provide the party with a statement that describes:\n (A) the notices or documents that shall be delivered by electronic\nmeans under this section that were not previously delivered\nelectronically; and\n (B) the party's right to withdraw consent to have notices or documents\ndelivered by electronic means, without the imposition of any condition\nor consequence that was not disclosed at the time of initial consent.\n (2) comply with paragraph two of subsection (d) of this section.\n (l) An insurer shall deliver a notice or document by any other\ndelivery method permitted by law other than delivery by electronic means\nif:\n (1) the insurer attempts to deliver by electronic means the notice or\ndocument and has a reasonable basis for believing that the notice or\ndocument has not been received by the party; or\n (2) the insurer becomes aware that the electronic mail address\nprovided by the party is no longer valid.\n (m) This section may not be construed to modify, limit, or supersede\nthe provisions of the federal Electronic Signatures in Global and\nNational Commerce Act, Public Law 106-229, as amended.\n * NB There are 2 § 3458's\n