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§ 477b.7. Electronic delivery of information and posting of policies and endorsements

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: December 24, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 2. Insurance Companies (Refs & Annos)
Article III. General Provisions Relating to Insurance Companies, Associations, and Exchanges (Refs & Annos)
Effective: December 24, 2013
40 P.S. § 477b.7
§ 477b.7. Electronic delivery of information and posting of policies and endorsements
(a)(1) With regard to any law or regulation of this Commonwealth requiring an insurer to provide, send or deliver information, notices or documents in writing to an insured or applicant as part of an insurance transaction if the insurer and the insured or applicant have agreed to conduct a transaction by electronic means, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. The provisions of the act of December 16, 1999 (P.L. 971, No. 69),1 known as the “Electronic Transactions Act,” shall otherwise apply to the insurer and the insured or applicant with respect to the providing, sending or delivering of the information, notices or documents.
(2) Any law or regulation requiring an insurer to send multiple copies of the information, notices or documents shall not apply where the insurer provides, sends or delivers the information, notices or documents in accordance with the provisions of the “Electronic Transactions Act.”
(3) An insurer providing, sending or delivering information, notices or documents shall satisfy any font, size, spacing or other format requirements if the electronic information, notices or documents as provided, sent or delivered by the insurer meet those requirements and may be printed or saved by the insured or applicant using programs or applications widely available on the Internet and free of charge to use.
(b) Notwithstanding subsection (a) or any other law or regulation of this Commonwealth requiring an insurer to provide, send or deliver an insurance policy or endorsement to an insured, an insurer may elect to post a policy or endorsement that does not contain personally identifiable information on its Internet website provided it complies with all of the following:
(1) The policy or endorsement is easily accessible on the Internet website so long as it is in force.
(2) The policy or endorsement is posted in a manner that enables the insured to print and save it using programs or applications widely available on the Internet and free of charge to use.
(3) The insurer provides notice, in the manner it normally communicates with the insured, at the time of issuance or renewal of the policy or endorsement, or at the time of any changes to the policy or endorsement, of a method by which the insured may obtain, upon request and without charge, a paper or electronic copy of the policy or endorsement, or any changes to them, and the Internet address where the policy and endorsement are posted.
(4) The insurer provides all of the following information on each declarations page, or similar document as appropriate to the line of coverage, provided to the insured at the time of issuance or renewal:
(i) A description of the exact policy and endorsement forms purchased by the insured.
(ii) A method by which the insured may obtain, upon request and without charge, a paper or electronic copy of the policy or endorsement, or any changes to them.
(iii) The Internet address where the policy and endorsement are posted.
(5) After expiration of the policy or endorsement, the insurer archives the expired policies or endorsements in accordance with the Insurance Department's general record retention requirements and makes them available upon request.
(c) Upon satisfactory evidence of the violation of this section by an insurer, the Insurance Commissioner may, in his discretion, pursue one or more of the following courses of action:
(1) Suspend or revoke the license of the insurer.
(2) Refuse, for a period not to exceed one year thereafter, to issue a new license to the insurer.
(3) Impose a fine of not more than one thousand dollars ($1,000) for each act in violation of this section.

Credits

1921, May 17, P.L. 682, No. 284, art. III, § 354.7, added 2013, Oct. 25, P.L. 656, No. 78, § 1, effective in 60 days [Dec. 24, 2013].

Footnotes

73 P.S. § 2260.101 et seq.
40 P.S. § 477b.7, PA ST 40 P.S. § 477b.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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