SB292,3,1815 (b) Delivery of a notice or document in accordance with this section shall be
16considered equivalent to any delivery method required under applicable law,
17including delivery by 1st class mail; 1st class mail, postage prepaid; certified mail;
18or registered mail.
SB292,3,2319 (c) If a provision of, or rule promulgated under, chs. 600 to 655 that requires
20a notice or document to be provided to a party expressly requires verification or
21acknowledgment of receipt of the notice or document, the notice or document may be
22delivered by electronic means only if the method used provides for verification or
23acknowledgment of receipt.
SB292,4,3
1(3) Conditions precedent for electronic delivery. (a) An insurer may deliver
2notices and documents to a party by electronic means under this section if all of the
3following are satisfied:
SB292,4,54 1. The party affirmatively consented to that method of delivery and has not
5withdrawn the consent.
SB292,4,86 2. Before the party gave consent, the insurer provided the party with a
7statement of the hardware and software requirements for access to and retention of
8notices and documents delivered by electronic means.
SB292,4,129 3. The party consented electronically, or confirmed consent electronically, in a
10manner that reasonably demonstrates that the party is able to access information
11in the electronic form that the insurer will use for delivery of notices and documents
12by electronic means.
SB292,4,1413 4. Before the party gave consent, the insurer provided the party with a clear
14and conspicuous statement informing the party of all of the following:
SB292,4,1615 a. The right or option of the party to have notices and documents provided or
16made available in paper or another nonelectronic form instead.
SB292,4,1917 b. The right of the party to withdraw consent to have notices and documents
18delivered by electronic means and any fees, conditions, or consequences that are
19imposed if consent is withdrawn.
SB292,4,2220 c. That the party's consent applies to any notices or documents that may be
21delivered by electronic means during the course of the relationship between the
22party and the insurer.
SB292,4,2523 d. After consent for delivery by electronic means is given, the means, if any, by
24which a party may obtain a paper copy of a notice or document that has been
25delivered by electronic means and the fee, if any, for the paper copy.
SB292,5,3
1e. The procedure a party must follow to withdraw consent to have notices and
2documents delivered by electronic means and to update information needed to
3contact the party electronically.
SB292,5,64 (b) If the conditions under par. (a) are satisfied, the insurer may elect to deliver
5all notices and documents by electronic means or only those notices and documents
6selected by the insurer.
SB292,5,97 (c) Even if the conditions under par. (a) are satisfied, the insurer may deliver
8any notice or document by 1st class mail; 1st class mail, postage prepaid; certified
9mail; or registered mail.
SB292,5,12 10(4) Miscellaneous related provisions. (a) This section does not affect any
11requirement related to the content or timing of a notice or document required under
12applicable law.
SB292,5,1613 (b) The legal effectiveness, validity, or enforceability of any contract or policy
14of insurance executed by a party may not be denied solely because of the failure to
15obtain electronic consent or confirmation of consent of the party in accordance with
16sub. (3) (a) 3.
SB292,5,1817 (c) 1. A withdrawal of consent by a party becomes effective 30 days after the
18insurer receives the withdrawal.
SB292,5,2119 2. A withdrawal of consent by a party does not affect the legal effectiveness,
20validity, or enforceability of a notice or document delivered by electronic means to the
21party before the withdrawal of consent becomes effective.
SB292,5,2522 (d) If an oral communication or a recording of an oral communication between
23a party and an insurer or an insurer's agent can be reliably stored and reproduced
24by the insurer, the oral communication or recording may qualify as a notice or
25document delivered by electronic means for purposes of this section.
SB292,6,6
1(e) If a provision of, or rule promulgated under, chs. 600 to 655 requires a
2signature or a notice or document to be notarized, acknowledged, verified, or made
3under oath, the requirement is satisfied if the electronic signature of the person
4authorized to perform those acts, together with all other information required to be
5included by the provision, is attached to or logically associated with the signature,
6notice, or document.
SB292,6,97 (f) Except as provided in par. (d), this section does not and may not be construed
8to modify, limit, or supersede the provisions of the federal Electronic Signatures in
9Global and National Commerce Act, 15 USC 7001 et seq., as amended.
SB292,6,14 10(5) Effect on earlier electronic delivery. (a) This section does not apply to
11a notice or document delivered by an insurer in an electronic form before the effective
12date of this paragraph .... [LRB inserts date], to a party who, before that date,
13consented to receive a notice or document in electronic form otherwise allowed by
14law.
SB292,6,2015 (b) If the consent of a party to receive certain notices or documents in an
16electronic form is on file with an insurer before the effective date of this paragraph
17.... [LRB inserts date], and, in accordance with this section, the insurer intends to
18deliver notices and documents to the party in electronic form, before delivering any
19additional notices or documents electronically, the insurer shall notify the party of
20all of the following:
SB292,6,2221 1. The notices or documents that may be delivered by electronic means under
22this section that were not previously delivered electronically.
SB292,6,2423 2. The party's right to withdraw consent to have any notices or documents
24delivered by electronic means.
SB292,7,7
1(6) Posting of policies and endorsements on Internet. Notwithstanding subs.
2(1) to (5), in lieu of delivery to a policyholder, insured, or applicant for insurance by
3any other method, an insurer may post on the insurer's Internet site any standard
4policy, and any endorsements to such a policy, that do not contain personally
5identifiable information. An insurer that elects to post such a policy and any
6endorsements to the policy on its Internet site shall comply with all of the following
7requirements:
SB292,7,98 (a) The policy and any endorsements must be accessible on the insurer's
9Internet site for as long as the policy is in effect.
SB292,7,1110 (b) For at least 5 years after the policy terminates, the insurer must archive the
11policy and any endorsements to the policy and make them available upon request.
SB292,7,1412 (c) The policy and any endorsements must be posted in such a manner that the
13insured is able to print and save the policy and endorsements by using programs or
14applications that are widely available on the Internet and free to use.
SB292,7,1715 (d) The insurer must provide all of the following information in, or
16simultaneously with, each declarations page that is provided when the policy is
17initially issued and when it is renewed:
SB292,7,1918 1. A description of the exact policy and endorsement forms purchased by the
19insured.
SB292,7,2120 2. The method by which the insured may obtain, upon request and without
21charge, a paper copy of the policy and any endorsements to the policy.
SB292,7,2322 3. The address of the Internet site where the policy and any endorsements to
23the policy are posted.
SB292,8,3
1(e) If the insurer makes any changes to the policy or an endorsement form, the
2insurer must provide notice, in the format preferred by the insured, of all of the
3following:
SB292,8,44 1. The change to the policy or endorsement form.
SB292,8,65 2. The insured's right to obtain, upon request and without charge, a paper copy
6of the policy or endorsement form.
SB292,8,87 3. The address of the Internet site where the policy or endorsement form is
8posted.
SB292,8,10 9(7) Applicability. This section applies only to property and casualty insurance,
10as described in s. Ins. 6.75 (2), Wis. Adm. Code.
SB292,8,13 11(8) Optional methods. Nothing in this section requires an insurer to deliver
12a notice or document by electronic means or to post policies and endorsements on an
13Internet site.
SB292,8,1414 (End)
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