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A01683 Summary:

A01683 Actions:

A01683 Committee Votes:

Committee:INSURANCE   Chair:Cahill      
DATE:05/30/2018AYE/NAY:22/0  Action: Favorable refer to committee Codes        
Cahill
Aye
Barclay
Aye
Cook
Excused
Butler
Aye
Pretlow
Aye
Hawley
Aye
Rivera
Aye
Blankenbush
Aye
Cymbrowitz
Aye
Curran
Aye
Lavine
Aye
Walter
Aye
Hevesi
Aye
Garbarino
Aye
Skoufis
Excused
Steck
Aye
Crespo
Aye
Joyner
Absent
Dilan
Aye
Hunter
Aye
Simotas
Aye
Walker
Aye
Niou
Aye
Rosenthal
Aye
Stern
Aye

Committee:CODES   Chair:Lentol      
DATE:06/05/2018AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:RULES   Chair:Heastie      
DATE:06/06/2018AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye

A01683 Floor Votes:

A01683 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1683--B
                                                                    R. R. 35
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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 -- reported and referred to the Committee on Codes -- reported and
          referred to the Committee on Rules --  ordered  to  a  third  reading,
          passed  by  Assembly  and  delivered  to the Senate, recalled from the
          Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
          its place on the special 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:
 
     1    Section 1. The insurance law is amended by adding a new  section  3457
     2  to read as follows:
     3    § 3457. Electronic notices and documents. (a) As used in this section,
     4  the following words shall have the following meanings:
     5    (1) "Delivered by electronic means" includes:
     6    (A)  delivery  to  an  electronic  mail  address  at which a party has
     7  consented to receive notices or documents; or
     8    (B) posting on an electronic network or site accessible via the inter-
     9  net, mobile application, computer, mobile device, tablet, or  any  other
    10  electronic  device,  together  with separate notice of the posting which
    11  shall be provided by electronic mail to the address at which  the  party
    12  has consented to receive notice or by any other delivery method that has
    13  been consented to by the party.
    14    (2)  "Party" means any recipient of any notice or document required as
    15  part of a property/casualty insurance  transaction,  including  but  not
    16  limited to an applicant, an insured, or a policyholder.
    17    (b) Subject to the requirements of this section, any notice to a party
    18  or   any   other   document   required   under   applicable   law  in  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02638-07-8
        A. 1683--B                          2
 
     1  property/casualty insurance transaction or that is to serve as  evidence
     2  of  property/casualty  insurance  coverage may be delivered, stored, and
     3  presented by electronic means so long as it meets  the  requirements  of
     4  article three of the state technology law.
     5    (c)  Delivery  of a notice or document in accordance with this section
     6  shall be considered equivalent to any  delivery  method  required  under
     7  applicable  law,  including  delivery  by  first class mail; first class
     8  mail, postage prepaid; certified mail; certificate of mail;  or  certif-
     9  icate of mailing.
    10    (d)  A  notice  or document may be delivered by electronic means by an
    11  insurer to a party under this section if:
    12    (1) the party has affirmatively consented to that method  of  delivery
    13  and has not withdrawn the consent;
    14    (2)  the  party,  before  giving consent, is provided with a clear and
    15  conspicuous statement informing the party of:
    16    (A) the right of the party to withdraw consent to  have  a  notice  or
    17  document  delivered by electronic means, at any time, and any conditions
    18  or consequences imposed in the event consent is withdrawn;
    19    (B) the types of notices and documents to which  the  party's  consent
    20  would apply;
    21    (C)  the  right  of  a party to have a notice or document delivered in
    22  paper form; and
    23    (D) the procedures a party must follow to withdraw consent to  have  a
    24  notice  or  document  delivered  by  electronic  means and to update the
    25  party's electronic mail address;
    26    (3) the party:
    27    (A) before giving consent, is provided with a statement of  the  hard-
    28  ware  and  software requirements for access to and retention of a notice
    29  or document delivered by electronic means; and
    30    (B) consents electronically, or confirms consent electronically, in  a
    31  manner  that  reasonably demonstrates that the party can access informa-
    32  tion in the electronic form that will be used for notices  or  documents
    33  delivered  by  electronic means as to which the party has given consent;
    34  and
    35    (4) after consent of the party is given, the insurer, in the  event  a
    36  change  in  the  hardware  or  software requirements needed to access or
    37  retain a notice or document delivered  by  electronic  means  creates  a
    38  material  risk  that  the  party  will not be able to access or retain a
    39  subsequent notice or document to which the consent applies:
    40    (A) provides the party with a statement that describes:
    41    (i) the revised hardware and software requirements for access  to  and
    42  retention of a notice or document delivered by electronic means; and
    43    (ii) the right of the party to withdraw consent without the imposition
    44  of  any  condition  or consequence that was not disclosed at the time of
    45  initial consent; and
    46    (B) complies with paragraph two of this subsection.
    47    (e) This section does not affect requirements related  to  content  or
    48  timing of any notice or document required under applicable law.
    49    (f)  If  a  provision  of  this  chapter or applicable law requiring a
    50  notice or document to be provided to a party expressly requires  verifi-
    51  cation  or  acknowledgment  of  receipt  of  the notice or document, the
    52  notice or document may be delivered by  electronic  means  only  if  the
    53  method used provides for verification or acknowledgment of receipt.
    54    (g)  The  legal  effectiveness,  validity,  or  enforceability  of any
    55  contract or policy of insurance executed by a party may  not  be  denied
    56  solely  because of the failure to obtain electronic consent or confirma-
        A. 1683--B                          3
 
     1  tion of consent of the party in  accordance  with  subparagraph  (B)  of
     2  paragraph three of subsection (d) of this section.
     3    (h)  (1)  A withdrawal of consent by a party does not affect the legal
     4  effectiveness, validity, or  enforceability  of  a  notice  or  document
     5  delivered  by  electronic  means  to  the party before the withdrawal of
     6  consent is effective.
     7    (2) A withdrawal of consent by a party is effective within  a  reason-
     8  able period of time after receipt of the withdrawal by the insurer.
     9    (3)  Failure by an insurer to comply with paragraph four of subsection
    10  (d) and subsection (j) of this section may be treated, at  the  election
    11  of the party, as a withdrawal of consent for purposes of this section.
    12    (i)  This  section does not apply to a notice or document delivered by
    13  an insurer in an electronic form  before  the  effective  date  of  this
    14  section  to  a  party  who, before that date, has consented to receive a
    15  notice or document in an electronic form otherwise allowed by law.
    16    (j) If the consent of a party to receive certain notices or  documents
    17  in  an  electronic  form is on file with an insurer before the effective
    18  date of this section, and pursuant to this section, an  insurer  intends
    19  to deliver additional notices or documents to such party in an electron-
    20  ic  form,  then prior to delivering such additional notices or documents
    21  electronically, the insurer shall:
    22    (1) provide the party with a statement that describes:
    23    (A) the notices or documents that shall  be  delivered  by  electronic
    24  means  under  this  section that were not previously delivered electron-
    25  ically; and
    26    (B) the party's right to withdraw consent to have notices or documents
    27  delivered by electronic means, without the imposition of  any  condition
    28  or consequence that was not disclosed at the time of initial consent.
    29    (2) comply with paragraph two of subsection (d) of this section.
    30    (k)  An insurer shall deliver a notice or document by any other deliv-
    31  ery method permitted by law other than electronic means if:
    32    (1) the insurer attempts to deliver the notice or  document  by  elec-
    33  tronic means and has a reasonable basis for believing that the notice or
    34  document has not been received by the party, or
    35    (2)  the  insurer  becomes  aware  that  the  electronic  mail address
    36  provided by the party is no longer valid.
    37    (l) This section may not be construed to modify, limit,  or  supersede
    38  the  provisions  of  the  federal  Electronic  Signatures  in Global and
    39  National Commerce Act, Public Law 106-229, as amended.
    40    § 2. This act shall take effect on the ninetieth day  after  it  shall
    41  have become a law.