State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-3 > 38-2-325

§ 38.2-325. Electronic delivery.

A. If parties have agreed to conduct business by electronic means, and theagent of record, if applicable, has been so notified by the insurer, anyinformation that is required to be delivered in writing, other than a noticeof cancellation of a policy, may be delivered by (i) placing such informationwithin the body of the electronic message; (ii) placing such information asan attachment to the electronic message that may be opened through the use ofsoftware that is readily available; (iii) displaying the information, or aclear and conspicuous link to the information, as an essential step tocompleting the transaction to which the information relates; or (iv) placingsuch information on the insurer's secured server and an electronic message isprovided advising that insurance information or, when appropriate,time-sensitive insurance information has been placed on the insurer's securedserver and is available for retrieval. This section should be construed to beconsistent with the Electronic Signatures in Global and National Commerce Act(15 U.S.C. § 7001 et seq.).

B. If parties have agreed to conduct business by electronic means, and noticeis provided by the insurer to the named insured pursuant to § 38.2-231,38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notificationshall also be provided to the agent of record of the named insured, if thenamed insured has an agent of record. Such electronic notification shall betransmitted to the agent of record as soon as practicable, but in no casemore than 72 hours after electronic notice is transmitted to the namedinsured.

C. The insurer shall retain evidence of electronic notification to the agentof record for at least one year from the date of transmittal. Failure toprovide such notice to the agent of record shall not be deemed to invalidateany electronic notice otherwise properly provided to the named insured. Forpurposes of this section, an electronic notification to the agent of recordshall mean a copy of the actual notice, as set forth herein, or in thealternative, shall include the named insured's name, policy number, andtermination date. Electronic notice need not be given to the agent of recordif the agent (i) is an employee of the insurer, (ii) is a non-employeeexclusive agent of the insurer, or (iii) has waived the receipt of suchnotices in writing.

(2009, c. 215.)

State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-3 > 38-2-325

§ 38.2-325. Electronic delivery.

A. If parties have agreed to conduct business by electronic means, and theagent of record, if applicable, has been so notified by the insurer, anyinformation that is required to be delivered in writing, other than a noticeof cancellation of a policy, may be delivered by (i) placing such informationwithin the body of the electronic message; (ii) placing such information asan attachment to the electronic message that may be opened through the use ofsoftware that is readily available; (iii) displaying the information, or aclear and conspicuous link to the information, as an essential step tocompleting the transaction to which the information relates; or (iv) placingsuch information on the insurer's secured server and an electronic message isprovided advising that insurance information or, when appropriate,time-sensitive insurance information has been placed on the insurer's securedserver and is available for retrieval. This section should be construed to beconsistent with the Electronic Signatures in Global and National Commerce Act(15 U.S.C. § 7001 et seq.).

B. If parties have agreed to conduct business by electronic means, and noticeis provided by the insurer to the named insured pursuant to § 38.2-231,38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notificationshall also be provided to the agent of record of the named insured, if thenamed insured has an agent of record. Such electronic notification shall betransmitted to the agent of record as soon as practicable, but in no casemore than 72 hours after electronic notice is transmitted to the namedinsured.

C. The insurer shall retain evidence of electronic notification to the agentof record for at least one year from the date of transmittal. Failure toprovide such notice to the agent of record shall not be deemed to invalidateany electronic notice otherwise properly provided to the named insured. Forpurposes of this section, an electronic notification to the agent of recordshall mean a copy of the actual notice, as set forth herein, or in thealternative, shall include the named insured's name, policy number, andtermination date. Electronic notice need not be given to the agent of recordif the agent (i) is an employee of the insurer, (ii) is a non-employeeexclusive agent of the insurer, or (iii) has waived the receipt of suchnotices in writing.

(2009, c. 215.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-38-2 > Chapter-3 > 38-2-325

§ 38.2-325. Electronic delivery.

A. If parties have agreed to conduct business by electronic means, and theagent of record, if applicable, has been so notified by the insurer, anyinformation that is required to be delivered in writing, other than a noticeof cancellation of a policy, may be delivered by (i) placing such informationwithin the body of the electronic message; (ii) placing such information asan attachment to the electronic message that may be opened through the use ofsoftware that is readily available; (iii) displaying the information, or aclear and conspicuous link to the information, as an essential step tocompleting the transaction to which the information relates; or (iv) placingsuch information on the insurer's secured server and an electronic message isprovided advising that insurance information or, when appropriate,time-sensitive insurance information has been placed on the insurer's securedserver and is available for retrieval. This section should be construed to beconsistent with the Electronic Signatures in Global and National Commerce Act(15 U.S.C. § 7001 et seq.).

B. If parties have agreed to conduct business by electronic means, and noticeis provided by the insurer to the named insured pursuant to § 38.2-231,38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notificationshall also be provided to the agent of record of the named insured, if thenamed insured has an agent of record. Such electronic notification shall betransmitted to the agent of record as soon as practicable, but in no casemore than 72 hours after electronic notice is transmitted to the namedinsured.

C. The insurer shall retain evidence of electronic notification to the agentof record for at least one year from the date of transmittal. Failure toprovide such notice to the agent of record shall not be deemed to invalidateany electronic notice otherwise properly provided to the named insured. Forpurposes of this section, an electronic notification to the agent of recordshall mean a copy of the actual notice, as set forth herein, or in thealternative, shall include the named insured's name, policy number, andtermination date. Electronic notice need not be given to the agent of recordif the agent (i) is an employee of the insurer, (ii) is a non-employeeexclusive agent of the insurer, or (iii) has waived the receipt of suchnotices in writing.

(2009, c. 215.)