ENROLLED
ACT No. 132
2018 Regular Session
HOUSE BILL NO. 370
BY REPRESENTATIVE TALBOT
AN ACT
To enact Chapter 19 of Title 22 of the Louisiana Revised Statutes of 1950, to be comprised
of R.S. 22:2461 through 2469, relative to electronic delivery of insurance notices;
to authorize electronic delivery of insurance documents and notices; to define key
terms; to provide for changes in hardware or software requirements; to provide for
applicability; to provide for contracts and policies already in effect; to provide for
withdrawal of consent; to provide for consent previously given; to require an
alternative method of delivery in certain circumstances; to limit liability for certain
acts; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Chapter 19 of Title 22 of the Louisiana Revised Statutes of 1950,
comprised of R.S. 22:2461 through 2469, is hereby enacted to read as follows:
CHAPTER 19. ELECTRONIC DELIVERY OF INSURANCE
DOCUMENTS AND NOTI CES
§2461. Definitions
As used in this Chapter, the following definitions apply:
(1) "Delivered by electronic means" means either of the following:
(a) Delivery to an electronic mail address at which a party has consented to
receive notices or documents.
(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 provided by electronic mail to the
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address at which the party has consented to receive notice or by any other delivery
method that has been consented to by the party.
(2) "Party" means any recipient of any notice or document required as part
of an insurance transaction, including but not limited to an applicant, an insured, a
policyholder, or an annuity contract holder.
§2462. Electronic delivery of insurance documents and notices
A. 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 Louisiana Uniform
Electronic Transactions Act, R.S. 9:2601 et seq.
B. 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.
C. A notice or document may be delivered by electronic means by an insurer
to a party pursuant to this Section if all of the following apply:
(1) 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.
(2) The party, before giving consent, is provided with a clear and
conspicuous statement informing the party of all of the following:
(a) The hardware and software requirements for access to and retention of
a notice or document delivered by electronic means.
(b) The types of notices and documents to which the party's consent would
apply.
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(c) 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.
(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.
(e) The right of a party to have a notice or document delivered, upon request,
in paper form.
D. An insurer shall take all measures reasonably calculated to ensure that
delivery by electronic means pursuant to this Section results in receipt of the notice
or document by the party.
§2463. Change in hardware or software requirements
After the consent of a party is given, 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, the insurer
shall not deliver a notice or document to the party by electronic means unless the
insurer complies with R.S. 22:2462 and provides the party with a statement that
describes all of the following:
(1) The revised hardware and software requirements for access to and
retention of a notice or document delivered by electronic means.
(2) 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.
§2464. Applicability
A. The provisions of this Section shall not be construed to affect
requirements related to content or timing of any notice or document required by any
other provision of law.
B. If a provision of this Title or other applicable law 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
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be delivered by electronic means only if the method used provides for verification
or acknowledgment of receipt.
C. This Chapter shall not apply to a notice or document delivered by an
insurer in an electronic form before the effective date of this Chapter to a party who,
before that date, has consented to receive the notice or document in an electronic
form otherwise allowed by law.
§2465. Contracts and policies not affected
The legal effectiveness, validity, or enforceability of any contract or policy
of insurance executed by a party shall not be denied solely because of the failure of
the insurer to obtain electronic consent or confirmation of consent of the party in
accordance with the provisions of this Chapter.
§2466. Withdrawal of consent
A. A withdrawal of consent by a party shall 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.
B. A withdrawal of consent by a party shall be effective within a reasonable
period of time after receipt of the withdrawal by the insurer.
C. Failure by an insurer to comply with any provision of R.S. 22:2462 or
2463 may be treated, at the election of the party, as a withdrawal of consent for
purposes of this Chapter.
§2467. Prior consent to receive notices or documents in an electronic form
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 Chapter,
and an insurer intends to deliver additional notices or documents to the party in an
electronic form pursuant to this Chapter, then prior to delivering the additional
notices or documents electronically, the insurer shall comply with the provisions of
R.S. 22:2462 and shall provide the party with a statement that describes both of the
following:
(1) The notices or documents that shall be delivered by electronic means that
were not previously delivered electronically.
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(2) 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.
§2468. Alternative method of delivery required
An insurer shall deliver a notice or document by any other delivery method
permitted by law other than electronic means 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.
§2469. Limitation of liability
An insurance producer shall not be subject to civil liability 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.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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