S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1683
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to electronic delivery of
   property/casualty  insurance  notices  and  posting  property/casualty
   insurance policies on the internet
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The insurance law is amended by adding a new section 3455
 to read as follows:
   § 3455. 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 INTER-
 NET,  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.
   (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.
   (B) SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ANY NOTICE TO A PARTY
 OR  ANY  OTHER   DOCUMENT   REQUIRED   UNDER   APPLICABLE   LAW   IN   A
 PROPERTY/CASUALTY  INSURANCE TRANSACTION OR THAT IS TO SERVE AS EVIDENCE
 OF PROPERTY/CASUALTY INSURANCE COVERAGE MAY BE  DELIVERED,  STORED,  AND
 PRESENTED  BY  ELECTRONIC  MEANS SO LONG AS IT MEETS THE REQUIREMENTS OF
 ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
   (C) DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE WITH  THIS  SECTION
 SHALL  BE  CONSIDERED  EQUIVALENT  TO ANY DELIVERY METHOD REQUIRED UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02638-01-7

 A. 1683                             2
 
 APPLICABLE LAW, INCLUDING DELIVERY BY  FIRST  CLASS  MAIL;  FIRST  CLASS
 MAIL,  POSTAGE  PREPAID; CERTIFIED MAIL; CERTIFICATE OF MAIL; OR CERTIF-
 ICATE 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  HARD-
 WARE  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 INFORMA-
 TION 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.
   (E) THIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED  TO  CONTENT  OR
 TIMING OF ANY NOTICE OR DOCUMENT REQUIRED UNDER APPLICABLE LAW.
   (F)  IF  A  PROVISION  OF  THIS  CHAPTER OR APPLICABLE LAW REQUIRING A
 NOTICE OR DOCUMENT TO BE PROVIDED TO A PARTY EXPRESSLY REQUIRES  VERIFI-
 CATION  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.
   (G)  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 CONFIRMA-
 TION OF CONSENT OF THE PARTY IN  ACCORDANCE  WITH  SUBPARAGRAPH  (B)  OF
 PARAGRAPH THREE OF SUBSECTION (D) OF THIS SECTION.
   (H)  (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.

 A. 1683                             3
 
   (2) A WITHDRAWAL OF CONSENT BY A PARTY IS EFFECTIVE WITHIN  A  REASON-
 ABLE 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 (J) OF THIS SECTION MAY BE TREATED, AT  THE  ELECTION
 OF THE PARTY, AS A WITHDRAWAL OF CONSENT FOR PURPOSES OF THIS SECTION.
   (I)  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.
   (J) 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 ELECTRON-
 IC  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 ELECTRON-
 ICALLY; 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.
   (K)  AN INSURER SHALL DELIVER A NOTICE OR DOCUMENT BY ANY OTHER DELIV-
 ERY METHOD PERMITTED BY LAW OTHER THAN ELECTRONIC MEANS IF:
   (1) THE INSURER ATTEMPTS TO DELIVER THE NOTICE OR  DOCUMENT  BY  ELEC-
 TRONIC MEANS 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.
   (L) 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.
   § 2. The insurance law is amended by adding a new section 3456 to read
 as follows:
   § 3456. POSTING OF POLICIES ON THE INTERNET. (A)  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  OF  SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF
 THIS ARTICLE OR SECTION THREE HUNDRED NINE OF THE STATE TECHNOLOGY  LAW,
 STANDARD  PROPERTY AND CASUALTY INSURANCE POLICIES AND ENDORSEMENTS THAT
 DO NOT CONTAIN PERSONALLY IDENTIFIABLE INFORMATION MAY BE MAILED, DELIV-
 ERED, OR POSTED ON THE INSURER'S WEBSITE. IF THE INSURER ELECTS TO  POST
 INSURANCE POLICIES AND ENDORSEMENTS ON ITS WEBSITE IN LIEU OF MAILING OR
 DELIVERING THEM TO THE INSURED, IT MUST COMPLY WITH ALL OF THE FOLLOWING
 CONDITIONS:
   (1)  THE POLICY AND ENDORSEMENTS MUST BE ACCESSIBLE TO THE INSURED AND
 PRODUCER OF RECORD AND REMAIN THAT WAY FOR AS LONG AS THE POLICY  IS  IN
 FORCE;
   (2)  AFTER  THE EXPIRATION OF THE POLICY, THE INSURER MUST ARCHIVE ITS
 EXPIRED POLICIES AND ENDORSEMENTS FOR A PERIOD OF FIVE  YEARS  OR  OTHER
 PERIOD REQUIRED BY LAW, AND MAKE THEM AVAILABLE UPON REQUEST;
   (3)  THE  POLICIES  AND  ENDORSEMENTS  MUST BE POSTED IN A MANNER THAT
 ENABLES THE INSURED AND PRODUCER OF RECORD TO PRINT AND SAVE THE  POLICY
 AND  ENDORSEMENTS  USING PROGRAMS OR APPLICATIONS THAT ARE WIDELY AVAIL-
 ABLE ON THE INTERNET AND FREE TO USE;

 A. 1683                             4
 
   (4) THE INSURER PROVIDES THE FOLLOWING INFORMATION IN, OR SIMULTANEOUS
 WITH, EACH DECLARATIONS PAGE PROVIDED AT THE TIME  OF  ISSUANCE  OF  THE
 INITIAL POLICY AND ANY RENEWALS OF THAT POLICY:
   (A)  A DESCRIPTION OF THE EXACT POLICY AND ENDORSEMENT FORMS PURCHASED
 BY THE INSURED;
   (B) A DESCRIPTION OF THE INSURED'S RIGHT TO RECEIVE, UPON REQUEST  AND
 WITHOUT CHARGE, A PAPER COPY OF THE POLICY AND ENDORSEMENTS BY MAIL; AND
   (C) THE INTERNET ADDRESS WHERE THEIR POLICY AND ENDORSEMENTS ARE POST-
 ED;
   (5)  THE  INSURER, UPON REQUEST AND WITHOUT CHARGE, MAILS A PAPER COPY
 OF THE POLICY AND ENDORSEMENTS TO THE INSURED; AND
   (6) THE INSURER PROVIDES  NOTICE,  IN  THE  FORMAT  PREFERRED  BY  THE
 INSURED,  OF  ANY  CHANGES  TO  THE FORMS OR ENDORSEMENTS, THE INSURED'S
 RIGHT TO OBTAIN, UPON REQUEST AND WITHOUT CHARGE, A PAPER COPY  OF  SUCH
 FORMS  OR  ENDORSEMENTS,  AND  THE  INTERNET ADDRESS WHERE SUCH FORMS OR
 ENDORSEMENTS ARE POSTED.
   (B) NOTHING IN THIS SECTION SHALL AFFECT THE TIMING OR CONTENT OF  ANY
 DISCLOSURE  OR  OTHER DOCUMENT REQUIRED TO BE PROVIDED OR MADE AVAILABLE
 TO ANY INSURED UNDER APPLICABLE LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1683--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Insurance  -- recommitted to the Committee on Insurance in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the insurance law, in relation to electronic delivery of
   property/casualty insurance notices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The insurance law is amended by adding a new section 3457
 to read as follows:
   § 3457. 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 INTER-
 NET,  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.
   (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.
   (B) SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ANY NOTICE TO A PARTY
 OR  ANY  OTHER   DOCUMENT   REQUIRED   UNDER   APPLICABLE   LAW   IN   A
 PROPERTY/CASUALTY  INSURANCE TRANSACTION OR THAT IS TO SERVE AS EVIDENCE
 OF PROPERTY/CASUALTY INSURANCE COVERAGE MAY BE  DELIVERED,  STORED,  AND
 PRESENTED  BY  ELECTRONIC  MEANS SO LONG AS IT MEETS THE REQUIREMENTS OF
 ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02638-05-8

 A. 1683--A                          2
 
   (C) DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE WITH  THIS  SECTION
 SHALL  BE  CONSIDERED  EQUIVALENT  TO ANY DELIVERY METHOD REQUIRED UNDER
 APPLICABLE LAW, INCLUDING DELIVERY BY  FIRST  CLASS  MAIL;  FIRST  CLASS
 MAIL,  POSTAGE  PREPAID; CERTIFIED MAIL; CERTIFICATE OF MAIL; OR CERTIF-
 ICATE 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  HARD-
 WARE  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 INFORMA-
 TION 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.
   (E) THIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED  TO  CONTENT  OR
 TIMING OF ANY NOTICE OR DOCUMENT REQUIRED UNDER APPLICABLE LAW.
   (F)  IF  A  PROVISION  OF  THIS  CHAPTER OR APPLICABLE LAW REQUIRING A
 NOTICE OR DOCUMENT TO BE PROVIDED TO A PARTY EXPRESSLY REQUIRES  VERIFI-
 CATION  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.
   (G)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION, ELECTRONIC NOTICES
 PROVIDED PURSUANT TO PARAGRAPH ONE OF SUBSECTION (C)  OF  SECTION  THREE
 THOUSAND  FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE SHALL REQUIRE VERIFI-
 CATION OR ACKNOWLEDGEMENT OF RECEIPT OF THE NOTICE.
   (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  CONFIRMA-

 A. 1683--A                          3
 
 TION  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  REASON-
 ABLE 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 ELECTRON-
 IC  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 ELECTRON-
 ICALLY; 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 DELIV-
 ERY METHOD PERMITTED BY LAW OTHER THAN ELECTRONIC MEANS IF:
   (1) THE INSURER ATTEMPTS TO DELIVER THE NOTICE OR  DOCUMENT  BY  ELEC-
 TRONIC MEANS 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.