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S.F. No. 1088 - Insurance Policies
 
Author: Senator Vicki Jensen
 
Prepared By:
 
Date: March 12, 2013



 

Section 1 allows insurance policies to be issued in a language other than English. In the event of dispute, the English language version controls.

Section 2 governs electronic notices in insurance transactions.

Subdivision 1 provides definitions of "delivered by electronic means" and "party".

Subdivision 2 allows notice to a party to be delivered by electronic means as long as it meets the requirement of UETA and the conditions in subdivision 4 are satisfied.

Subdivision 3 states electronic delivery is equivalent to a delivery method required under applicable law.

Subdivision 4 establishes conditions for allowing notice or documents to be delivered by electronic means, including requiring consent by the policyholder.

Subdivision 5 states that this section does not affect timing or content requirements.

Subdivision 6 states that a notice requiring acknowledgment of receipt may only be sent electronically if the method allows for the acknowledgment.

Subdivision 7 states that failure to obtain electronic consent or confirmation of consent does not allow a party to deny validity or enforceability of the insurance policy.

Subdivision 8 specifies that withdrawal of consent does not affect validity of a notice or document delivered by electronic means before the withdrawal of consent is effective.

Subdivision 9 requires an insurer to make specified disclosures to a party who has previously consented to receive notices electronically if the insurer plans to deliver additional notices in that manner.

Subdivision 10 allows standard property and casualty policies to be mailed, delivered or posted on the insurer's Web site. Specifies conditions that must be met by an insurer if the insurer elects to post policies on the Web.

Subdivision 11 allows oral communications that can be reliably stored and reproduced by an insurer to qualify as a notice or document delivered by electronic means.

Subdivision 12 states that this section may not be construed to modify or limit the federal Electronic Signatures in Global and National Commerce Act.

Sections 3 and 4 are conforming changes to section 1 of the bill.

 

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