BILL ANALYSIS Ó AB 1131 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON INSURANCE Tom Daly, Chair AB 1131 (Dababneh) - As Amended May 4, 2015 SUBJECT: Life Insurance: electronic transactions SUMMARY: Permits consumers to receive documents and conduct some transactions related to life insurance, disability insurance and annuities electronically. Specifically, this bill: 1)Allows consumers to opt-in to receiving a range of documents, notices, and disclosures related to their life insurance policy, disability insurance policy, or annuity (hereafter referred to as life insurance) electronically. 2)Requires a licensee (generally either a life insurer or life agent) to obtain and document the consent of the consumer before electronically transmitting any life insurance documents. 3)Requires a licensee, as a condition of transmitting life insurance documents electronically, to disclose the following to a consumer: AB 1131 Page 2 a. Receiving documents electronically is voluntary. b. The consumer may opt-out of receiving documents electronically at any time. c. The process for a consumer to opt-out of receiving documents electronically. d. A description of the documents to be received electronically. e. The process for the consumer to change the address used by the insurer. f. The licensee's phone number and internet address. 4)Requires the licensee to provide, upon request of the consumer, a hard copy of any life insurance document transmitted electronically to the consumer free of charge once per year. 5)Applies existing law governing electronic transactions (Uniform Electronic Transactions Act or UETA) to the transmission of life insurance documents that do not currently require a written acknowledgment of delivery. Provides that the following are acceptable proof of transmission: a. simple mail transfer protocol logs indicating the document was sent. AB 1131 Page 3 b. server log files demonstrating receipt of an email message. c. server log files demonstrating that the consumer has logged into their secure online account. 6)Requires the licensee to demonstrate actual delivery of a document for which current law requires a written acknowledgement of delivery. Acceptable proof actual delivery includes: a. Electronic read receipt b. Electronic signature c. Posting the electronic document on the consumers secure online account and that the consumer acknowledged receipt of the document 7)Requires the licensee to send a hard copy of any document for which a written acknowledgment of receipt is required if the licensee cannot demonstrate that the electronic document was actually delivered. 8)Requires the licensee to follow-up on any electronic transmission not received by the consumer within five business days by confirming the email address of the consumer and resending the document or providing the consumer a hard copy of the document. 9)Prohibits charging a fee or offering a discount based on a AB 1131 Page 4 consumer's willingness to accept electronic documents. 10)Requires the licensee to confirm the email address of any consumer who elected to receive life insurance documents electronically if more than 12 months have elapsed since the last electronic communication. 11)Requires the Insurance Commissioner (commissioner) to report to the Governor and the Legislature regarding the impact and implementation of the bill. 12)Permits the Department of Insurance (department) to suspend the authority of a licensee to transmitting life insurance records electronically if the department can establish a pattern or practice that demonstrates a lack of compliance with the provisions of this bill. 13)Sunsets the bill effective January 1, 2021. EXISTING LAW: 1)Establishes the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (eSIGN) that governs the conduct of electronic transactions and requires that both parties consent to conducting transactions electronically. 2)Prohibits the use of electronic transactions for many insurance products. 3)Permits consumers, who opt-in, to receive electronic renewal notices for the following types of insurance policies: AB 1131 Page 5 a. Automobile b. Property c. Liability d. Commercial liability e. Workers' Compensation 4)Requires the insurer to obtain consent from the insured before sending electronic renewal notices. 5)Requires the insurer to make the following disclosures to the consumer before sending electronic renewal notices and disclosures: a. That the insured must opt-in to receiving these electronic documents. b. That the insured may opt-out of electronic receipt at any time. c. How the insured can change the email address used by the insurer. d. Provide the insured the insurer's contact information (including toll free phone number and website address). 6)Permits an insurer, after obtaining consent from the insured, to send offers of earthquake insurance and renewal notices for earthquake insurance policies electronically. 7)Requires the insurer to provide the consumer, upon request, a printed copy of the electronic documents to the insured. 8)Requires the insurer to do one of the following within two business days if the electronic transmission fails: AB 1131 Page 6 a. Contact the insured to confirm the email address and resend the document electronically. b. Resend the documents by regular mail to the insured's address. 9)Permits the department to suspend an insurer's authorization to send electronic documents if the insurer has a pattern or practice that demonstrates a failure to comply with the bill's requirements. 10)Allows an insurer to appeal this suspension and, when the department determines the insurer has complied with the requirements of the bill, resume electronic transmission of these documents. FISCAL EFFECT: Undetermined COMMENTS: 1)Purpose . According to the author, current law needs to be updated to allow broader use of voluntary e-delivery and e-signature of life insurance documents. While California law largely follows the principles of the federal eSIGN legislation, many life insurance documents are still required to be delivered in hardcopy form, and many transactions still have a "wet signature" requirement. This has prevented the life insurers from implementing a completely electronic sales process, presenting challenges to customers and agents, and undermining the benefits to insurers and consumers of full electronic processing. In advancing this legislation, the department and the life insurance industry are attempting to meet the increasing demand of California consumers to conduct business electronically, and take advantage of the convenience AB 1131 Page 7 of e-delivery and e-signatures in life insurance. 2)Electronic Transactions . In 2000 eSIGN was enacted to establish federal law governing electronic transactions. Generally speaking, UETA (adopted by California in 1999) provides that the law should be construed to facilitate electronic transmissions and that any transaction not specifically exempted from UETA may be conducted electronically, subject to specific rules including: All parties must "opt-in" and may "opt-out" from conducting further transactions electronically at any time. A record or signature cannot be denied legal effect because it is in electronic form. If a law requires a person to provide information in writing to another, that requirement is satisfied if the information is provided in an electronic record that the recipient can preserve and access for future reference. 1)Advantages of Electronic Transactions . Electronic transactions notices have a number of significant advantages including: Consumer Choice. Many consumers prefer to interact with their financial services companies electronically and current law denies these consumers that option. Faster Delivery. First class mail is typically delivered within a few days whereas electronic mail is essentially instantaneous. Cheaper. Electronic delivery will reduce administrative costs for insurers. Greener. Electronic delivery eliminates the consumption of energy, paper, and other consumables AB 1131 Page 8 associated with delivering conventional mail. Disaster Recovery. Natural disasters frequently disrupt mail delivery. Electronic delivery of these notices greatly reduces the potential for disruptions related to natural disasters. Portability. For the many consumers who do not receive their mail at their primary residence or who change their primary residence frequently, electronic delivery provides a more timely notice. 1)Previous Legislation . Senate Bill 251 (Calderon) was enacted in 2013 which allows policy renewal notices for property/casualty insurance policies to be delivered electronically. This bill closely parallels the requirements of SB 251 as it relates to notices and disclosures related to life insurance. However, this bill allows for a dramatically broader range of electronic transactions in life insurance including the transmission of key documents requiring an affirmative acknowledgment of receipt by the consumer (including the policy document itself and notices of lapse, termination, cancellation or non-renewal). 2)Partial Progress . Property/casualty, life, and health insurers have long sought more flexibility in responding to consumer demand for greater electronic commerce options. Last Session, SB 251 made the first significant strides. However, the scope of electronic activity allowed by this bill stands in stark contrast to current law that still prohibits simple, common, consumer initiated transactions in property/casualty insurance. If this bill is enacted consumers would face the incongruous reality of being able to purchase an annuity costing hundreds of thousands of dollars online, but still have to use a paper process to add a vehicle to their automobile policy. This bill recognizes the increasing demand from consumers, who already safely conduct most of their financial affairs online, to bring life insurance products AB 1131 Page 9 online, and highlights the need to recognize that same demand in other types of insurance products. 3)Suggested Amendment . The author should consider amending the bill to clarify that notices of lapse, termination, cancellation and non-renewal may be transmitted electronically. Delete paragraph (8) of subdivision (b) of Section 38.6 and replace it with the following: (8) Notwithstanding any other provision of law, a notice of lapse, non-renewal, cancellation, or termination for any product subject to this section may be transmitted electronically if the licensee demonstrates proof of delivery as set forth in paragraph (7). REGISTERED SUPPORT / OPPOSITION: Support Association of California Life and Health Insurance Companies (sponsor) Department of Insurance (sponsor) Opposition AB 1131 Page 10 None received Analysis Prepared by:Paul Riches / INS. / (916) 319-2086