New York Laws
Article 34 - Insurance Contracts-Property/casualty
3458 - Electronic Notices and Documents.

(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
internet, 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 electronic
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) "Property/casualty insurance" means basic kinds of insurance and
non-basic kinds of insurance, as defined in section four thousand one
hundred one of this chapter, provided that "property/casualty insurance"
shall not include accident and health insurance as defined in paragraph
three of subsection (a) of section one thousand one hundred thirteen of
this chapter.
(b) Subject to the requirements of this section, any notice to a party
or any other document required under this chapter in a property/casualty
insurance transaction or that is to serve as evidence of
property/casualty insurance coverage may be delivered by electronic
means so long as it meets the requirements of article three of the state
technology law. Where this chapter requires that notice be mailed or
delivered to an address shown in the policy, the notice may be delivered
by electronic means to an electronic address not specified in the
policy.
(c) Delivery of a notice or document in accordance with this section
shall be considered equivalent to any delivery method required under
this chapter, other than section three thousand one hundred eleven of
this chapter, including delivery by first class mail; first class mail,
postage prepaid; certified mail; certificate of mail; or certificate 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and has not withdrawn the consent;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
hardware 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
information 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.
(c) Delivery of a notice or document in accordance with this section
shall be considered equivalent to any delivery method required under
this chapter, other than section three thousand one hundred eleven of
this chapter, including delivery by first class mail; first class mail,
postage prepaid; certified mail; certificate of mail; or certificate of
mailing.
(e) (1) Before a notice or document is delivered by electronic means,
an insurer shall obtain a party's consent to deliver that kind of notice
or document by electronic means. A party's consent to receive one type
of notice or document shall not be construed as a blanket consent for
every kind of notice and document to be delivered by electronic means. A
party's consent shall only apply to the types of notices and documents
identified in the clear and conspicuous information statement provided
to the consenting party, as required by subparagraph (B) of paragraph
two of subsection (d) of this section.
(2) Any electronic mail being sent by an insurer to a party in
connection with the delivery of a cancellation notice, non-renewal
notice or conditional renewal notice delivered by electronic means shall
include in the subject line and body of the communication clear and
conspicuous language alerting the receiving party as to the importance
of the communication and the type of notice being delivered by
electronic means to such party.
(f) This section does not affect requirements related to content or
timing of any notice or document required under this chapter.
(g) If a provision of this chapter requiring a notice or document to
be provided to a party expressly requires verification 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.
(h) 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
confirmation of consent of the party in accordance with subparagraph (B)
of paragraph three of subsection (d) of this section.
(i) (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
reasonable 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 (k) of this section may be treated, at the election
of the party, as a withdrawal of consent for purposes of this section.
(j) 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.
(k) 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
electronic 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
electronically; 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.
(l) An insurer shall deliver a notice or document by any other
delivery method permitted by law other than delivery by electronic means
if:
(1) the insurer attempts to deliver by electronic means the notice or
document 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.
(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.
* NB There are 2 § 3458's

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