§ 27-2.7-6. Termination of portable electronics insurance.
Notwithstanding any other provision of law:
(1) An insurer may terminate or otherwise change the terms and conditions of a policy
of portable electronics insurance only upon providing the vendor and its enrolled
customers with at least thirty (30) days' notice. An insurer may not change the terms
and conditions of a policy of portable electronics insurance more than once in any
six-month (6) period.
(2) If the insurer changes the terms and conditions, then the insurer shall provide the
vendor with a revised policy or endorsement and each enrolled customer with a revised
certificate, endorsement, updated brochure, or other evidence indicating a change
in the terms and conditions has occurred and a summary of material changes.
(3) Notwithstanding subsection (1) of this section, an insurer may terminate an enrolled
customer's enrollment under a portable electronics insurance policy upon fifteen (15)
days' notice for discovery of fraud or material misrepresentation in obtaining coverage
or in the presentation of a claim thereunder.
(4) Notwithstanding subsection (1) of this section, an insurer may immediately terminate
an enrolled customer's enrollment under a portable electronics insurance policy:
(i) For nonpayment of premium;
(ii) If the enrolled customer ceases to have an active service with the vendor of portable
electronics; or
(iii) 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 (30) calendar days after exhaustion
of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding
the aggregate limit of liability until the insurer sends notice of termination to
the enrolled customer.
(5) When a portable electronics insurance policy is terminated by a vendor, 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
written notice shall be mailed or delivered to the enrolled customer at least thirty
(30) days prior to the termination.
(6) Whenever notice or correspondence with respect to a policy of portable electronics
insurance is required pursuant to this section or is otherwise required by law, it
shall be in writing and sent within the notice period, if any, specified within the
statute or regulation requiring the notice or correspondence. Notwithstanding any
other provision of law, notices and correspondence may be sent either by mail or by
electronic means as set forth in this subsection (6). If the notice or correspondence
is mailed, it shall be sent to the vendor of portable electronics 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 of portable
electronics, as the case may be, shall maintain proof of mailing in a form authorized
or accepted by the United States postal service or other commercial mail delivery
service. If the notice or correspondence is sent by electronic means, it shall be
sent to the vendor of portable electronics at the vendor's electronic mail address
specified for such purpose and to its affected enrolled customers' last known electronic
mail address as provided by each enrolled customer to the insurer or vendor of portable
electronics, as the case may be. For purposes of this subsection (6), an enrolled
customer's provision of an electronic mail address to the insurer or vendor of portable
electronics, as the case may be, shall be deemed consent to receive notices and correspondence
by electronic means. The insurer or vendor of portable electronics, as the case may
be, shall maintain proof that the notice or correspondence was sent.
(7) Notice or correspondence required by this section or otherwise required by law may
be sent on behalf of an insurer or vendor, as the case may be, by the supervising
entity appointed by the insurer.