North Carolina § 58-2-255 - Electronic insurance communications and records.

§ 58-2-255. Electronic insurance communications and records.

Definitions. - As used in this section: "Communications" means notices, offers, disclosures, documents, forms, information, and correspondence required or permitted to be provided to a party in writing under the insurance laws of this State or that are otherwise provided by an insurer, including, but not limited to, notices pertaining to the cancellation, termination, or nonrenewal of insurance. "Delivered by electronic means" includes any of the following: Delivery to an electronic mail address or an electronic account at which a party has consented to receive electronic communications. Displaying information, or a link to information, as an essential step to completing the transaction to which such information relates. Providing notice to a party at the electronic mail address or an electronic account at which the party has consented to receive notice of the posting of a communication on an electronic network or site. "Insurer" has the same meaning as in G.S. 58-1-5(3). "Party" means a recipient of any communications defined in this section. "Party" includes an applicant, policyholder, insured, claimant, member, provider, or beneficiary. When any insurance law of this State requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements are satisfied if the insurer complies with Article 40 of Chapter 66 of the General Statutes. Verification of communications delivered by electronic means shall constitute proof of mailing in civil and administrative proceedings and under the insurance laws of this State. Nothing in this section affects requirements related to the content or timing of any communication required under the insurance laws of this State. A recording of an oral communication between an insurer and a party that is reliably stored and reproduced by an insurer shall constitute an electronic communication or record. When a communication is required under the insurance laws of this State to be provided in writing, the communication provided in accordance with this subsection shall satisfy the requirement that the communication be in writing. When a communication is required under the insurance laws of this State to be signed, a recorded oral communication in which a party agrees to the terms stated in the oral communication shall satisfy the requirement. History (2013-413, s. 13(b); 2017-150, s. 2.) Editor's Note. - Session Laws 2017-150, s. 4, made the amendment to subsection (b) by Session Laws 2017-150, s. 2, effective July 20, 2017, and applicable to notices of cancellation of workers' compensation policies sent on or after that date. Effect of Amendments. - Session Laws 2017-150, s. 2, deleted ", except for cancellation, termination, or nonrenewal of workers' compensation policies pursuant to G.S. 58-36-105(b) ," following "State" in subsection (b). For effective date and applicability, see editor's note.