RSA 420-Q:2 · Delivery Standards and Procedures

420-Q:2 Delivery Standards and Procedures. –

Copy link

I.

Subject to the requirements of this section, any notice to a party or any other document required by law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the RSA 294-E.

Copy link

II.

Delivery of a notice or document in accordance with this section shall be considered equivalent to and have the same effect as any delivery method required by law, including delivery by first class mail, first class mail with postage prepaid, certified mail, certificate of mail, or certificate of mailing.

Copy link

III.

A notice or document may be delivered by electronic means by an insurer to a party pursuant to this section if the following applies:

Copy link

(a)

The party has affirmatively consented electronically, or confirmed 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used for notices or documents delivered by electronic means to which the party has given consent, and the party has not withdrawn the consent.

Copy link

(b)

The party, before giving consent, is provided with a clear and conspicuous statement informing the party of all of the following:

Copy link

(1)

The hardware and software requirements for access to and retention of a notice or document delivered by electronic means.

Copy link

(2)

The types of notices and documents to which the party's consent would apply.

Copy link

(3)

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document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn.

Copy link

(4)

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.

Copy link

(5)

The right of a party to have a notice or document delivered, upon request, in paper form.

Copy link

IV.

An insurer shall take all measures reasonably calculated to ensure that delivery by electronic means results in receipt of the notice or document by the party. Source. 2021, 57:5, eff. July 24, 2021.

Copy link