SECTION 1. Chapter 55, Title 38 of the 1976 Code is amended by adding: 7 “ARTICLE Electronic Documents Section 3855710. As used in this article: (1) by ‘Delivered electronic means’ includes: (a) delivery to an electronic mail address at which a party has consented to receive notices or documents; or (b) placement on an electronic network or site accessible by means of the Internet, mobile application, computer, mobile device, tablet, or another electronic device, together with separate written notice of the placement that must be provided by electronic mail to the address at which the party has consented to receive notice or by another delivery method that has been consented to by the party. (2) means a recipient of a notice or document required ‘Party’ as part of an insurance transaction, including, but not limited to, an applicant, an insured, a policyholder, or an annuity contract holder. Section 3855720. (A) Subject to the provisions of subsection (C), notice to a party of another document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of Chapter 6, Title 26, the South Carolina Uniform Electronic Transactions Act. (B) Delivery of a notice or document pursuant to this section must be considered equivalent to the following delivery methods: (1) first-class mail; and (2) first-class mail, postage prepaid. (C)(1) A notice or document may be delivered by electronic means by an insurer to a party if: (a) the party has affirmatively consented to the method of delivery and has not withdrawn consent; (b) the party, before giving consent, is provided with a clear and conspicuous statement informing the party of: (i) the right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form at no additional cost; (ii) the right of the party at any time to withdraw his consent to have a notice or document delivered by electronic means;
SECTION 1. Chapter 55, Title 38 of the 1976 Code is amended by adding: “ARTICLE 7 Electronic Documents Section 3855710. As used in this article: (1) ‘Delivered by electronic means’ includes: (a) delivery to an electronic mail address at which a party has consented to receive notices or documents; or (b) placement on an electronic network or site accessible by means of the Internet, mobile application, computer, mobile device, tablet, or another electronic device, together with separate written notice of the placement that must be provided by electronic mail to the address at which the party has consented to receive notice or by another delivery method that has been consented to by the party. (2) ‘Party’ means a recipient of a notice or document required as part of an insurance transaction, including, but not limited to, an applicant, an insured, a policyholder, or an annuity contract holder. Section 3855720. (A) Subject to the provisions of subsection (C), notice to a party of another document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of Chapter 6, Title 26, the South Carolina Uniform Electronic Transactions Act. (B) Delivery of a notice or document pursuant to this section must be considered equivalent to the following delivery methods: (1) first-class mail; and (2) first-class mail, postage prepaid. (C)(1) A notice or document may be delivered by electronic means by an insurer to a party if: (a) the party has affirmatively consented to the method of delivery and has not withdrawn consent; (b) the party, before giving consent, is provided with a clear and conspicuous statement informing the party of: (i) the right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form at no additional cost; (ii) the right of the party at any time to withdraw his consent to have a notice or document delivered by electronic means;
3488_20170510.docx