assembly Bill A7877A

2019-2020 Legislative Session

Relates to electronic delivery of property/casualty insurance notices

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2020 print number 7877a
Jan 14, 2020 amend and recommit to insurance
Jan 08, 2020 referred to insurance
May 28, 2019 referred to insurance

A7877 - Details

See Senate Version of this Bill:
S7583
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3457, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8076
2017-2018: A1683
2021-2022: A651, S653

A7877 - Summary

Relates to electronic delivery of property/casualty insurance notices and posting property/casualty insurance policies on the internet; authorizes electronic delivery of insurance notices with consent and the posting of policies on the internet if certain conditions are met; requires notice in the subject line of an email to be clear and conspicuous and also requires a receiving party to acknowledge receipt through a clickwrap agreement.

A7877 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7877

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2019
                               ___________

Introduced  by  M.  of  A. D. ROSENTHAL -- 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

  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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

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Multi-Sponsors

A7877A (ACTIVE) - Details

See Senate Version of this Bill:
S7583
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3457, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8076
2017-2018: A1683
2021-2022: A651, S653

A7877A (ACTIVE) - Summary

Relates to electronic delivery of property/casualty insurance notices and posting property/casualty insurance policies on the internet; authorizes electronic delivery of insurance notices with consent and the posting of policies on the internet if certain conditions are met; requires notice in the subject line of an email to be clear and conspicuous and also requires a receiving party to acknowledge receipt through a clickwrap agreement.

A7877A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7877--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2019
                               ___________

Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
  Committee on Insurance -- recommitted to the Committee on Insurance in
  accordance 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.
  (3) "CLICKWRAP AGREEMENT" MEANS A DIGITAL PROMPT THAT OFFERS  INDIVID-
UALS THE OPPORTUNITY TO ACKNOWLEDGE RECEIPT OF AN ELECTRONIC DOCUMENT.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.