DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 370 Reengrossed 2018 Regular Session Talbot
Abstract: Authorizes the delivery of insurance notices and documentation through electronic means.
Proposed law defines "delivered by electronic means" and "party".
Proposed law authorizes an insurer to deliver, store, or present 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 by electronic means if the electronic means meets the requirements of the Louisiana
Uniform Electronic Transactions Act.
Proposed law requires the party to affirmatively 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.
Proposed law requires the insurer to provide the party, prior to consent being given, a clear and
conspicuous statement informing the party of all of the following:
(1)The hardware and software requirements for access to and retention of a notice or document
delivered by electronic means.
(2)The types of notices and documents to which the party's consent would apply.
(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consent is withdrawn.
(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.
(5)The right of a party to have a notice or document delivered, upon request, in paper form.
Proposed law requires an insurer to take all measures reasonably calculated to ensure that delivery
by electronic means results in receipt of the notice or document by the party.
Proposed law provides for the applicability of proposed law.
Proposed law provides for the withdrawal of consent by a party. Proposed law requires an alternative method of delivery if either of the following occurs:
(1)The insurer attempts to deliver the notice or document by electronic means and has a
reasonable basis for believing that the notice or document has not been received by the party.
(2)The insurer becomes aware that the electronic mail address provided by the party is no longer
valid.
Proposed law limits the civil liability of an insurance producer for any harm or injury that occurs
because of a party's election to receive any notice or document by electronic means or by an insurer's
failure to deliver or a party's failure to receive a notice or document by electronic means.
(Adds R.S. 22:2461-2469)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the original bill:
1. Provide that electronic delivery shall have the same effect as any other delivery method
required by law.
2. Limit civil liability for a party's failure to receive a notice or document by electronic
means.
3. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Clarify that a paper copy of a notice or document may be delivered upon request.
2. Change the statutory designation of proposed law.