BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1131


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          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:










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               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.










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               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  








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            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:









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               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:








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               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  








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            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  








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                 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  








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            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








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          None received




          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086