SB 251, as introduced, Calderon. Insurance: notice: electronic transmission.
Existing law authorizes any written notice required to be given or mailed to any person by an insurer relating to any insurance on risks or on operations in this state, with exceptions, to be provided by electronic transmission if each party has agreed to conduct the transaction by electronic means, as provided.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 38.5 of the Insurance Code is amended
2to read:
begin insert(a)end insertbegin insert end insert Any written notice required to be given or mailed
4to any person by an insurer relating to any insurance on risks or
5on operations in this state not excepted by Section 1851 from the
6coverage of Chapter 9 (commencing with Section 1850.4) of Part
72 of Division 1begin delete of this codeend delete may, if not excluded by subdivision
8(b) or (c) of Section 1633.3 of the Civil Code, be provided by
9electronic transmission pursuant to Title 2.5 (commencing with
P2 1Section 1633.1) of Part 2 of Division 3 of the Civil Code, if each
2party has agreed to conduct the transaction by electronic means
3pursuant
to Section 1633.5 of the Civil Code.begin delete Theend delete
4begin insert(b)end insertbegin insert end insertbegin insertTheend insert affidavit of the person who initiated the electronic
5transmission, stating the facts of that transmission into an
6information processing system outside of the control of the sender
7or of any person that sent the electronic record on behalf of the
8sender, is prima facie evidence that the notice was transmitted and
9shall be sufficient proof of notice. Any notice provided by
10electronic transmission shall be treated as if mailed or given for
11the purposes of any provision of this code, except as provided by
12subdivision (g) of Section 1633.15 of the Civil Code.begin delete Theend delete
13begin insert(c)end insertbegin insert end insertbegin insertTheend insert insurance company shall maintain a system for
14confirming that any notice or document that is to be provided by
15electronic means has been sent in a manner consistent with Section
161633.15 of the Civil Code. A valid electronic signature shall be
17sufficient for any provision of law requiring a written signature.
18The insurance company shall retain a copy of the confirmation
19and electronic signature, when either is required, with the policy
20information so that they are retrievable upon request by the
21Department of Insurance while the policy is in force and for five
22years thereafter.
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