§ 40-21-119 — (b) Delivery of a notice or document in accordance with this section shall be considered equivalent to any delivery method required under applicable law including chapter 35 of this code, including delivery by first class mail, first class mail postage prepaid, certified mail, certificate of mail or certificate of mailing

(c) A notice or document may be delivered by electronic
means by an insurer to a party under this section if all of the
following are met:
(i) The party has affirmatively consented to that
method of delivery and has not withdrawn the consent;
(ii) The party, before giving consent, is provided
with a clear and conspicuous statement informing the party of:
(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 have a notice or document delivered by electronic means and
any fees, conditions or consequences imposed in the event
consent is withdrawn;
(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 that may be delivered by electronic means during the
course of the parties' relationship.
(D) The means, after consent is given, by which
a party may obtain a paper copy of a notice or document
delivered by electronic means and the fee, if any, for the paper
copy; and
(E) The procedure a party must follow to
withdraw consent to have a notice or document delivered by
electronic means and to update information needed to contact the
party electronically.
(iii) The party:
(A) 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
(B) Consents electronically, or confirms consent
electronically, in a manner that reasonably demonstrates that
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.
(iv) After consent of the party is given, the
insurer, in the event 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:
(A) Delivery to an electronic mail address at
which a party has consented to receive notices or documents; or
(B) Posting on an electronic network or site
accessible via the internet, mobile application, computer,
mobile device, tablet or any other electronic device, together
with separate notice of the posting which shall be provided by
electronic mail to the address at which the party has consented
to receive notice or by any other delivery method that has been
consented to by the party.
(I) The revised hardware and software
requirements for access to and retention of a notice or document
delivered by electronic means;
(II) The right of the party to withdraw
consent without the imposition of any fee, condition, or
consequence that was not disclosed under subparagraph (ii)(B) of
this subsection.
(d) This section does not affect requirements related to
content or timing of any notice or document required under
applicable law.
(e) 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 method used provides for
verification or acknowledgment of receipt.
(f) The legal effectiveness, validity or enforceability of
any contract or policy of insurance 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 subparagraph (c)(iii)(B) of this section.
(g) With respect to withdrawal of consent, the following
apply:
(i) 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;
(ii) A withdrawal of consent by a party is effective
within a reasonable period of time after receipt of the
withdrawal by the insurer;
(iii) Failure by an insurer to comply with paragraph
(c)(iv) of this section may be treated, at the election of the
party, as a withdrawal of consent for purposes of this section.
(h) This section does not apply to a notice or document
delivered by an insurer in an electronic form before July 1,
2014 to a party who, before that date, has consented to receive
notice or document in an electronic form otherwise allowed by
law.
(j) If the consent of a party to receive certain notices
or documents in an electronic form is on file with an insurer
before July 1, 2014, and pursuant to this section, an insurer
intends to deliver additional notices or documents to such party
in an electronic form, then prior to delivering such additional
notices or documents electronically, the insurer shall notify
the party of:
(i) The notices or documents that may be delivered by
electronic means under this section that were not previously
delivered electronically; and
(ii) The party's right to withdraw consent to have
notices or documents delivered by electronic means.
(k) 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. If a provision of this title or applicable law requires
a signature or notice or document to be notarized, acknowledged,
verified or made under oath, the requirement is satisfied if the
electronic signature of the person 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.
(m) This section may not be construed to modify, limit or
supersede the provisions of the federal Electronic Signatures in
Global and National Commerce Act, Public Law 106-229, as
amended.
(n) As used in this section:
(i) "Delivered by electronic means" includes:
(A) Delivery to an electronic mail address at
which a party has consented to receive notices or documents; or
(B) Posting on an electronic network or site
accessible via the internet, mobile application, computer,
mobile device, tablet or any other electronic device, together
with separate notice of the posting which shall be provided by
electronic mail to the address at which the party has consented
to receive notice or by any other delivery method that has been
consented to by the party.
(ii) "Party" means any recipient of any notice or
document required as part of an insurance transaction, including
but not limited to an applicant, an insured, a policyholder or
an annuity contract holder.