(1) Notwithstanding any other provision of law:
(a) (I) Except as specified in subparagraphs (II) and (III) of this paragraph (a), an insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor and enrolled customers with at least thirty days' notice.
An insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon fifteen days' notice for nonpayment of premium or for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim under the policy.
An insurer may immediately terminate an enrolled customer's enrollment under aportable electronics insurance policy:
If the enrolled customer ceases to have an active service with the vendor of portableelectronics; or
If an enrolled customer exhausts the aggregate limit of liability, if any, under theterms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty calendar days after exhaustion of the limit. If notice is not timely sent, enrollment continues notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
If the insurer changes the terms and conditions, then the insurer shall provide thevendor with a revised policy or endorsement and shall provide each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred and a summary of the material changes;
When a vendor terminates a portable electronics insurance policy, the vendor shallmail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The insurer shall mail or deliver written notice to the enrolled customer at least thirty days before the termination.
(I) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this part 15 or is otherwise required by law, the insurer, vendor, or other person shall send it in writing within the notice period, if any, specified within the statute or rule requiring the notice or correspondence. Notwithstanding any other provision of law, an insurer, vendor, or other person may send notices and correspondence by either mail or electronic means.
If the notice or correspondence is mailed, the insurer shall send it to the vendor at thevendor's mailing address specified for such purpose and to its affected enrolled customers' lastknown mailing addresses on file with the insurer. The insurer or vendor shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service.
If the notice or correspondence is sent by electronic means, the insurer shall send itto the vendor at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last-known electronic mail addresses as provided by each enrolled customer to the insurer or vendor. The insurer or vendor shall maintain proof that the notice or correspondence was sent.
For purposes of this paragraph (d), an enrolled customer's provision of an electronicmail address to the insurer or vendor is consent to receive notices and correspondence by electronic means.
(e) The supervising entity appointed by the insurer may send notice or correspondence required by this section or otherwise required by law on behalf of an insurer or vendor.
Source: L. 2012: Entire part added, (HB 12-1071), ch. 25, p. 72, § 1, effective January 1, 2013.