(1) As used in this section, unless the context otherwise requires:
(a) Delivered or delivery "by electronic means" to a party includes:
Delivery to an electronic mail address at which the party has consented to receivenotices or documents; and
Posting on an electronic network or website accessible to the party via the internet,mobile application, computer, mobile device, tablet, or any other electronic device if the party is given separate notice of the posting by either:
Electronic mail to the electronic mail address at which the party has consented toreceive notice; or
Any other delivery method that has been consented to by the party.
(b) "Party" means any recipient of a notice or document required as part of an insurance transaction. The term includes an applicant, an insured, a policyholder, and an annuity contract holder.
Subject to subsection (4) of this section, any notice to a party or any other documentrequired under applicable 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 it meets the requirements of the "Uniform Electronic Transactions Act", article 71.3 of title 24, C.R.S.
Delivery of a notice or document in accordance with this section is equivalent to anydelivery method required under applicable law, including delivery by first class mail; first class mail, postage prepaid; certified mail; certificate of mail; or certificate of mailing.
A notice or document may be delivered by electronic means by an insurer to a partyunder this section if:
The party has affirmatively consented to that method of delivery and has not withdrawn the consent;
The party, before giving consent, is provided with a clear and conspicuous statementinforming the party of:
Any right or option of the party to have the notice or document provided or madeavailable in paper or another nonelectronic form;
The right of the party to withdraw consent to have a notice or document delivered byelectronic means and any conditions or consequences imposed if the consent is withdrawn; (III) Whether the party's consent applies:
Only to the particular transaction as to which the notice or document must be given;or
To identified categories of notices or documents that may be delivered by electronicmeans during the course of the party's relationship with the insurer;
The means, after consent is given, by which the party may obtain a paper copy of anotice or document delivered by electronic means; and
The procedure a party must follow to withdraw consent to have a notice or documentdelivered by electronic means and to update information needed to contact the party electronically;
(c) The party:
Before giving consent, is provided with a statement of the hardware and softwarerequirements for access to and retention of a notice or document delivered by electronic means; and
Consents electronically, or confirms 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 as to which the party has given consent; and
(d) If, after the party consents, 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:
(I) Provides the party with a statement of:
The revised hardware and software requirements for access to and retention of anotice or document delivered by electronic means; and
The right of the party to withdraw consent without the imposition of any condition orconsequence that was not disclosed under subparagraph (II) of paragraph (b) of this subsection (4); and
(II) Provides the party with a complete and updated version of the information listed in paragraph (b) of this subsection (4).
This section does not affect any requirement related to the content or timing of anotice or other document required under applicable law.
If a provision of this title or other applicable law requiring a notice or document to beprovided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt.
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 to obtain electronic consent or confirmation of consent of the party in accordance with subparagraph (II) of paragraph (c) of subsection (4) of this section.
(a) A withdrawal of consent by a party:
Does 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; and
Is effective within a reasonable period of time after receipt of the withdrawal by theinsurer.
(b) An insurer's failure to comply with paragraph (d) of subsection (4) of this section may be treated, at the election of the party, as a withdrawal of consent for purposes of this section.
This section does not apply to a notice or document delivered by electronic meansbefore August 6, 2014, to a party who, before that date, had consented to receive notice or documents in an electronic form otherwise allowed by law.
If the consent of a party to receive certain notices or documents in an electronicform is on file with an insurer before August 6, 2014, and the insurer intends to deliver additional notices or documents to such party in an electronic form pursuant to this section, then, before delivering the additional notices or documents by electronic means, the insurer shall notify the party of:
Any notices or documents that may be delivered by electronic means under this section that were not previously delivered electronically; and
The party's right to withdraw consent to have notices or documents delivered byelectronic means.
(11) (a) Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party can be reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of this section.
(b) If a provision of this title or other applicable law requires a signature or notice or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.
(12) (a) This section shall not be construed to modify, limit, or supersede the provisions of the federal "Electronic Signatures in Global and National Commerce Act", Pub.L. 106-229, as amended.
(b) In the event of any conflict between this section and the "Uniform Electronic Transactions Act", article 71.3 of title 24, C.R.S., this section controls.
Source: L. 2014: Entire section added, (HB 14-1344), ch. 207, p. 762, § 1, effective August 6.