RÉSUMÉ DIGEST
ACT 132 (HB 370) 2018 Regular Session Talbot
New law defines "delivered by electronic means" and "party".
New 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.
New 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.
New 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event consent is withdrawn.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.
New 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.
New law provides for the applicability of new law.
New law provides for the withdrawal of consent by a party.
New 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no longer valid.
New 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.
Effective August 1, 2018.
(Adds R.S. 22:2461-2469)