420-Q:2. Delivery Standards and Procedures.
I. 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 RSA 294-E.
II. 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.
III. A notice or document may be delivered by electronic means by an insurer to a party pursuant to this section if the following applies:
(a) 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used for notices or documents delivered by electronic means to which the party has given consent, and the party has not withdrawn the consent.
(b) The party, before giving consent, is provided with 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document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn.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.
IV. An insurer shall take all measures reasonably calculated to ensure that delivery by electronic means results in receipt of the notice or document by the party.
Source. 2021, 57:5, eff. July 24, 2021.
