senate Bill S653A

2021-2022 Legislative Session

Relates to electronic delivery of property/casualty insurance notices

download bill text pdf

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.410
substituted for a651a
referred to codes
delivered to assembly
passed senate
Jun 01, 2021 amended on third reading 653a
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1159
Jan 06, 2021 referred to insurance

S653 - Details

See Assembly Version of this Bill:
A651
Law Section:
Insurance Law
Laws Affected:
Add §3458, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8076
2017-2018: A1683
2019-2020: S7583, A7877

S653 - 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 and body of an email to be clear and conspicuous.

S653 - Sponsor Memo

S653 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    653
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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.
   (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
 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

S653A (ACTIVE) - Details

See Assembly Version of this Bill:
A651
Law Section:
Insurance Law
Laws Affected:
Add §3458, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8076
2017-2018: A1683
2019-2020: S7583, A7877

S653A (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 and body of an email to be clear and conspicuous.

S653A (ACTIVE) - Sponsor Memo

S653A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  653--A
     Cal. No. 1159
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Insurance  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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  3458
 to read as follows:
   § 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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