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

                                  5249

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- 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
  insurance notices and posting 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 3114
to read as follows:
  S 3114. 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 AN INSURANCE TRANSACTION, INCLUDING BUT NOT LIMITED TO AN APPLI-
CANT, AN INSURED, A POLICYHOLDER OR AN ANNUITY CONTRACT HOLDER.
  (B) SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ANY NOTICE TO A PARTY
OR  ANY  OTHER  DOCUMENT  REQUIRED  UNDER APPLICABLE LAW IN AN INSURANCE
TRANSACTION OR THAT IS TO SERVE AS EVIDENCE OF 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.
                                                           LBD10983-02-5

              

S. 5249                             2

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.

S. 5249                             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) A PRODUCER SHALL NOT BE SUBJECT TO CIVIL LIABILITY FOR ANY HARM OR
INJURY THAT OCCURS AS A RESULT OF A  PARTY'S  ELECTION  TO  RECEIVE  ANY
NOTICE  OR  DOCUMENT  BY  ELECTRONIC MEANS OR BY AN INSURER'S FAILURE TO
DELIVER A NOTICE OR DOCUMENT BY ELECTRONIC MEANS.
  (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.
  S 2. The insurance law is amended by adding a new section 3455 to read
as follows:
  S 3455. POSTING OF POLICIES ON THE INTERNET. (A)  NOTWITHSTANDING  ANY
OTHER  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED FOURTEEN OF THIS
CHAPTER OR SECTION THREE HUNDRED NINE OF THE STATE TECHNOLOGY LAW, STAN-
DARD 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

S. 5249                             4

AND  ENDORSEMENTS  USING PROGRAMS OR APPLICATIONS THAT ARE WIDELY AVAIL-
ABLE ON THE INTERNET AND FREE TO USE;
  (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.
  S  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
________________________________________________________________________

                                 5249--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 11, 2015
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Insurance  --
  recommitted  to  the  Committee on Insurance in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:
  S 3445. 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
                      [ ] is old law to be omitted.
                                                           LBD10983-03-5

              

S. 5249--A                          2

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
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.

S. 5249--A                          3

  (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.
  (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.
  (1)  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.
  S 2. The insurance law is amended by adding a new section 3456 to read
as follows:
  S  3456.  POSTING OF POLICIES ON THE INTERNET. (A) NOTWITHSTANDING ANY
OTHER PROVISIONS OF SECTION THREE THOUSAND FOUR  HUNDRED  FIFTY-FIVE  OF
THIS  CHAPTER 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

S. 5249--A                          4

AND ENDORSEMENTS USING PROGRAMS OR APPLICATIONS THAT ARE  WIDELY  AVAIL-
ABLE ON THE INTERNET AND FREE TO USE;
  (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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.