* § 3458. Electronic notices and documents. (a) As used in this\nsection, the following words shall have the following meanings:\n (1) "Delivered by electronic means" includes:\n (A) delivery to an electronic mail address at which a party has\nconsented to receive notices or documents; or\n (B) posting on an electronic network or site accessible via the\ninternet, mobile application, computer, mobile device, tablet, or any\nother electronic device, together with separate notice of the posting\nwhich shall be provided by electronic mail to the address at which the\nparty has consented to receive notice or by any other electronic\ndelivery method that has been consented to by the party.\n (2) "Party" means any recipient of any notice or document required as\npart of a property/casualty insurance transaction, including but not\nlimited to an applicant, an insured, or a policyholder.\n (3) "Property/casualty insurance" means basic kinds of insurance and\nnon-basic kinds of insurance, as defined in section four thousand one\nhundred one of this chapter, provided that "property/casualty insurance"\nshall not include accident and health insurance as defined in paragraph\nthree of subsection (a) of section one thousand one hundred thirteen of\nthis chapter.\n (b) Subject to the requirements of this section, any notice to a party\nor any other document required under this chapter in a property/casualty\ninsurance transaction or that is to serve as evidence of\nproperty/casualty insurance coverage may be delivered by electronic\nmeans so long as it meets the requirements of article three of the state\ntechnology law. Where this chapter requires that notice be mailed or\ndelivered to an address shown in the policy, the notice may be delivered\nby electronic means to an electronic address not specified in the\npolicy.\n (c) Delivery of a notice or document in accordance with this section\nshall be considered equivalent to any delivery method required under\nthis chapter, other than section three thousand one hundred eleven of\nthis chapter, including delivery by first class mail; first class mail,\npostage prepaid; certified mail; certificate of mail; or certificate of\nmailing.\n (d) A notice or document may be delivered by electronic means by an\ninsurer to a party under this section if:\n (1) the party has affirmatively consented to that method of delivery\nand has not withdrawn the consent;\n (2) the party, before giving consent, is provided with a clear and\nconspicuous statement informing the party of:\n (A) the right of the party to withdraw consent to have a notice or\ndocument delivered by electronic means, at any time, and any conditions\nor consequences imposed in the event consent is withdrawn;\n (B) the types of notices and documents to which the party's consent\nwould apply;\n (C) the right of a party to have a notice or document delivered in\npaper form; and\n (D) the procedures a party must follow to withdraw consent to have a\nnotice or document delivered by electronic means and to update the\nparty's electronic mail address;\n (3) the party:\n (A) before giving consent, is provided with a statement of the\nhardware and software requirements for access to and retention of a\nnotice or document delivered by electronic means; and\n (B) consents electronically, or confirms consent electronically, in a\nmanner that reasonably demonstrates that the party can access\ninformation in the electronic form that will be used for notices or\ndocuments delivered by electronic means as to which the party has given\nconsent; and\n (4) after consent of the party is given, the insurer, in the event a\nchange in the hardware or software requirements needed to access or\nretain a notice or document delivered by electronic means creates a\nmaterial risk that the party will not be able to access or retain a\nsubsequent notice or document to which the consent applies:\n (A) provides the party with a statement that describes:\
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