2023 New York Laws › ISC - Insurance › Article 34 - Insurance Contracts-Property/casualty › 3458 - Electronic Notices and Documents.

* §  3458.  Electronic  notices  and  documents.  (a)  As used in this
section, the following words shall have the following meanings:
(1) "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 electronic
delivery method that has been consented to by the party.
(2) "Party" means any recipient of any notice or document required  as
part  of  a  property/casualty  insurance transaction, including but not
limited to an applicant, an insured, or a policyholder.
(3) "Property/casualty insurance" means basic kinds of  insurance  and
non-basic  kinds  of  insurance, as defined in section four thousand one
hundred one of this chapter, provided that "property/casualty insurance"
shall not include accident and health insurance as defined in  paragraph
three  of subsection (a) of section one thousand one hundred thirteen of
this chapter.
(b) Subject to the requirements of this section, any notice to a party
or any other document required under this chapter in a property/casualty
insurance  transaction  or   that   is   to   serve   as   evidence   of
property/casualty  insurance  coverage  may  be  delivered by electronic
means so long as it meets the requirements of article three of the state
technology law. Where this chapter requires that  notice  be  mailed  or
delivered to an address shown in the policy, the notice may be delivered
by  electronic  means  to  an  electronic  address  not specified in the
policy.
(c) Delivery of a notice or document in accordance with  this  section
shall  be  considered  equivalent  to any delivery method required under
this chapter, other than section three thousand one  hundred  eleven  of
this  chapter, including delivery by first class mail; first class mail,
postage prepaid; certified mail; certificate of mail; or certificate  of
mailing.
(d)  A  notice  or document may be delivered by electronic means by an
insurer to a party under this section if:
(1) the party has affirmatively consented to that method  of  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:
(A) the right of the party to withdraw consent to  have  a  notice  or
document  delivered by electronic means, at any time, and any conditions
or consequences imposed in the event consent is withdrawn;
(B) the types of notices and documents to which  the  party's  consent
would apply;
(C)  the  right  of  a party to have a notice or document delivered in
paper form; and
(D) the procedures a party must follow to withdraw consent to  have  a
notice  or  document  delivered  by  electronic  means and to update the
party's electronic mail address;
(3) 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; and
(4)  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) provides the party with a statement that describes:
(i)  the  revised hardware and software requirements for access to and
retention of a notice or document delivered by electronic means; and
(ii) the right of the party to withdraw consent without the imposition
of any condition or consequence that was not disclosed at  the  time  of
initial consent; and
(B) complies with paragraph two of this subsection.
(c)  Delivery  of a notice or document in accordance with this section
shall be considered equivalent to any  delivery  method  required  under
this  chapter,  other  than section three thousand one hundred eleven of
this chapter, including delivery by first class mail; first class  mail,
postage  prepaid; certified mail; certificate of mail; or certificate of
mailing.
(e) (1) Before a notice or document is delivered by electronic  means,
an insurer shall obtain a party's consent to deliver that kind of notice
or  document  by electronic means. A party's consent to receive one type
of notice or document shall not be construed as a  blanket  consent  for
every kind of notice and document to be delivered by electronic means. A
party's  consent  shall only apply to the types of notices and documents
identified in the clear and conspicuous information  statement  provided
to  the  consenting  party, as required by subparagraph (B) of paragraph
two of subsection (d) of this section.
(2) Any electronic mail being  sent  by  an  insurer  to  a  party  in
connection  with  the  delivery  of  a  cancellation notice, non-renewal
notice or conditional renewal notice delivered by electronic means shall
include in the subject line and body  of  the  communication  clear  and
conspicuous  language  alerting the receiving party as to the importance
of  the  communication  and  the  type  of  notice  being  delivered  by
electronic means to such party.
(f)  This  section  does not affect requirements related to content or
timing of any notice or document required under this chapter.
(g) If a provision of this chapter 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.
(h)  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 (B)
of paragraph three of subsection (d) of this section.
(i) (1) 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.
(2)  A  withdrawal  of  consent  by  a  party  is  effective  within a
reasonable period of  time  after  receipt  of  the  withdrawal  by  the
insurer.
(3)  Failure by an insurer to comply with paragraph four of subsection
(d) and subsection (k) of this section may be treated, at  the  election
of the party, as a withdrawal of consent for purposes of this section.
(j)  This  section does not apply to a notice or document delivered by
an insurer in an electronic form  before  the  effective  date  of  this
section  to  a  party  who, before that date, has consented to receive a
notice or document in an electronic form otherwise allowed by law.
(k)  If the consent of a party to receive certain notices or documents
in an electronic form is on file with an insurer  before  the  effective
date  of  this section, 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:
(1) provide the party with a statement that describes:
(A) the notices or documents that shall  be  delivered  by  electronic
means   under   this   section   that   were  not  previously  delivered
electronically; and
(B) the party's right to withdraw consent to have notices or documents
delivered by electronic means, without the imposition of  any  condition
or consequence that was not disclosed at the time of initial consent.
(2) comply with paragraph two of subsection (d) of this section.
(l)  An  insurer  shall  deliver  a  notice  or  document by any other
delivery method permitted by law other than delivery by electronic means
if:
(1) the insurer attempts to deliver by electronic means the notice  or
document  and  has  a  reasonable basis for believing that the notice or
document has not been received by the party; or
(2) the  insurer  becomes  aware  that  the  electronic  mail  address
provided by the party is no longer valid.
(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.
* NB There are 2 § 3458's