Valid - August 28, 2022, 3 records
379,011. Documents required for insurance operations or proof of coverage allowed electronically yes, requirements — omission — withdrawal of consent, no additional fees for paper files — discounts. —1. As used in this section, the following terms mean:
(1)"Electronically delivered", includes delivery to an email address to which a party has consented to receive communications or documents, or posting on any electronic network or website accessible via the Internet, mobile application, computer, mobile device, tablet or other accessible electronic device with a separate notice to a party addressed to the email address at which the party agreed to receive notice of the posting;
(2)"Fiesta", any recipient of notices or documents required in connection with an insurance transaction, including, but not limited to, claimants, policyholders, or policyholders.
2. Subject to subsection 3 of this section, notices to a party or other documents required by applicable law in connection with an insurance transaction or intended to serve as evidence of insurance coverage may be delivered, stored, and produced electronically, provided that the requirements of Sections 432.200 to 432.295 met. Delivery of a notice or document under this subsection shall be deemed equivalent to any method of delivery required by applicable law, including delivery by first class mail, prepaid first class postage, certified mail, or proof of postage.
3. A notice or document may be transmitted electronically by an insurer to a party under this Section if:
(1) The party has given their express consent to this method of notification and has not revoked their consent;
(2) Before giving consent, the party must receive a clear and conspicuous statement informing him of the following:
(a) any right or option to make the notice or document available in paper or any other non-electronic format at no additional charge;
(b) the party's right to withdraw consent to the delivery of any notice or document by electronic means;
(c) Whether the party's consent applies only to the specific transaction for which the notice or document is to be provided, or to specific categories of notices or documents that may be transmitted electronically in the course of the parties' relationship;
(d) the means by which a party may obtain, without additional charge, a paper copy of any communication or document transmitted by electronic means after consent has been given; Y
(e) The procedure that a party must follow to withdraw its consent to the electronic delivery of a notice or document and to update the information necessary to be able to contact the party electronically;
(3) Before consent is given, the party must receive an explanation of the hardware and software requirements for accessing and maintaining an electronically transmitted communication or document and must consent and confirm electronically in a manner that demonstrates that the party can access to the information in electronic form that will be used for notifications or documents transmitted electronically with the consent of the party; Y
(4) After obtaining the consent of the party, in the event of a change in the hardware or software requirements necessary to access or store an electronically transmitted communication or document, the insurer will incur a material risk that the party will not be able to comply with the Access or retention of any notification or document subsequent to which the consent applies:
(a) a separate statement of the revised hardware and software requirements for accessing and maintaining an electronic communication or document and the party's right to withdraw consent pursuant to paragraph (b) of subdivision (2) of this subsection; Y
(b) corresponds to subsection (2) of this subsection.
4. Notwithstanding anything else in this Section, if an insurance policy is purchased directly through an insurer's website, portal, or application and is initially delivered electronically, the consent of one party to receive all future notices and documents relating to the policy, or any claim arising therefrom, will be presumed to be delivered electronically. Nothing in this subsection shall affect the right of any party under this section to withdraw its consent to the electronic delivery of any notice or document.
5. This section does not affect any requirement related to the content or timing of any notice or document required by applicable law. If a provision of applicable law requiring delivery of a notice or document to a party expressly requires verification or confirmation of receipt of the notice or document, the notice or document may be delivered electronically only if the method used provides verification or receipt confirmation. Without verification or acknowledgment of the first notice or document by the party, the insurer will send two consecutive notices or documents with an interval of five business days. The legal effect, validity or enforceability of any contract or insurance policy entered into by either party shall not depend on the party obtaining electronic consent or acknowledgment of consent pursuant to subsection (3) of subsection 3 of this section.
6. Any withdrawal of consent by a party will not affect the legal effect, validity, or enforceability of any notice or document delivered to the party electronically before the withdrawal of consent became effective. The revocation of consent by one of the parties takes effect within thirty days following receipt of the revocation by the insurer. An insurer's failure to comply with subsection (4) of subsection 3 of this section may, at the party's option, be treated as a revocation of consent for purposes of this section.
7. This section does not apply to any notice or document provided in electronic format by an insurer prior to August 28, 2013 to a party who prior to that date has consented to receive any notice or document in electronic format as permitted the law. If a party's consent to receive certain notices or documents in electronic format is filed with an insurer before August 28, 2013, and pursuant to this Section, an insurer intends to deliver additional notices or documents in electronic format to that party, the insurer shall, prior to electronic delivery of such additional notices or documents, inform the party of the following:
(1) Notices or documents that may be delivered electronically under this Section that have not previously been delivered electronically; Y
(2) The party's right to opt out of receiving any notice or document electronically.
8. A party who does not consent or withdraws consent to the service of any notice or document pursuant to subsection 3 of this Section shall not be subject to any additional charge or cost for delivery of any paper notice or document. or other non-electronic form.
9. When a provision of the Applicable Law requires that a signature or notification or document be legalized, recognized, verified or sworn, the requirement is met if the electronic signature of the person authorized to perform such acts: together with any other information that must be included by the regulation, attached or logically linked to the signature, notice or document.
10. Nothing in this Section shall be construed to alter, limit, or supersede the provisions of Sections 354.442, 376.1450, or 432.200 through 432.295. The provisions of this Section apply to notices and documents issued by insurers organized under this Chapter or Chapter 380 and to notices and documents relating to life insurance products issued by insurers organized under Chapter 376.
11. Nothing in this section shall prevent an insurer from offering a discount to a policyholder who elects to receive communications and documents electronically under this section.
(L. 2013 H.B. 322, A.L. 2014 H.B. 1079 fundido con S.B. 609, A.L. 2022 H.B. 2168)