LRBs0162/1
PJK:jld:jf
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 292
October 24, 2013 - Offered by Senator Lasee.
SB292-SSA1,1,2 1An Act to create 610.60 of the statutes; relating to: electronic delivery of
2notices and documents by insurers.
Analysis by the Legislative Reference Bureau
This substitute amendment authorizes any insurer to provide notices and
documents to an insurance applicant, an insured, or a policyholder (consumer) by
electronic means, and provides that doing so, in compliance with the requirements
under the substitute amendment, is equivalent to any other method of delivering
notices and documents required under applicable law.
An insurer may provide notices and documents electronically if the consumer
has consented to delivery in that manner and has not withdrawn the consent. The
consumer must give consent electronically in a manner that reasonably
demonstrates that the consumer will be able to receive the notices and documents
electronically. If a consumer gives consent for electronic delivery, the consent applies
to any notice or document that the insurer elects to deliver electronically. The
consumer may, however, receive a paper copy of a notice or document that has been
sent electronically, upon request and for a fee, if any, if the insurer offers this option.
Before the consumer gives consent for electronic delivery, the insurer must provide
the consumer with a clear and conspicuous statement that contains a number of
pieces of information, including that the consent applies to any notices and
documents that may be delivered electronically; that the consumer may receive
notices and documents in paper form instead; how to request a paper copy, if the

insurer offers that option, of a notice or document that has been delivered
electronically; and that the consumer may withdraw the consent and the method for
doing so.
The substitute amendment contains various related provisions, such as that an
oral communication between a consumer and an insurer may qualify as a notice or
document delivered electronically if the communication can be reliably stored and
reproduced by the insurer and is not required to be in writing under any statute or
rule; that withdrawal of consent is effective 30 days after the insurer receives the
withdrawal; that the withdrawal of consent does not affect the legality, validity, or
enforceability of a notice or document delivered electronically before the withdrawal
becomes effective; that the legality, validity, or enforceability of a notice or document
delivered electronically may not be denied solely because it was delivered
electronically if the consumer consented to electronic delivery in a manner that
reasonably demonstrated that the consumer would be able to receive the notices and
documents electronically; and that notices and documents delivered electronically
must meet the requirements of the provisions of the statutes that codify the Uniform
Electronic Transactions Act.
The substitute amendment also authorizes an insurer to post on the insurer's
Internet site any standard policy and endorsements to the policy that do not contain
personally identifiable information. A number of requirements apply if the insurer
elects to post such documents, including: 1) the documents must remain accessible
on the Internet site for as long as they are in effect; 2) the insurer must make the
documents available upon request for at least three years after the policy terminates;
3) the documents must be posted in such a manner that they can be printed and saved
by using programs or applications that are widely available and free to use; 4) in or
with each declarations page that is provided when the policy is issued and when it
is renewed, the insurer must provide a description of the exact policy and
endorsements that the insured has purchased, information about how the insured
may obtain a paper copy of the policy and any endorsements, and the address of the
Internet site where the documents are posted; and 5) if the insurer makes any
changes to the policy or an endorsement form, the insurer must provide notice of the
change to the policy or endorsement form, that the insured may obtain a paper copy
of the policy or endorsement form, and the address of the Internet site where the
policy or endorsement form is posted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB292-SSA1,1 1Section 1. 610.60 of the statutes is created to read:
SB292-SSA1,2,3 2610.60 Electronic delivery of notices and documents. (1) Definitions.
3In this section:
SB292-SSA1,3,2
1(a) "Applicable law" means applicable statutory law and rules and regulations
2having the force of law.
SB292-SSA1,3,33 (b) "Deliver by electronic means" includes any of the following:
SB292-SSA1,3,54 1. Delivery to an electronic mail address at which a party has consented to
5receive notices or documents.
SB292-SSA1,3,96 2. Posting on an electronic network or site that is accessible via the Internet
7by using a mobile application, computer, mobile device, tablet, or any other electronic
8device and sending separate notice of the posting to a party, directed to the electronic
9mail address at which the party has consented to receive notice of the posting.
SB292-SSA1,3,1110 (c) "Party" means a recipient of a notice or document required as part of an
11insurance transaction, including an applicant, an insured, or a policyholder.
SB292-SSA1,3,17 12(2) Electronic delivery permitted; equivalent to other methods. (a) Subject
13to par. (c), subs. (3) and (5) (b), and s. 137.12 (2r) (c), notice to a party, and any other
14document that is required under applicable law in an insurance transaction or that
15serves as evidence of insurance coverage, may be stored, presented, and delivered by
16electronic means, as long as the notice or other document meets the requirements of
17subch. II of ch. 137.
SB292-SSA1,3,2118 (b) Delivery of a notice or document in accordance with this section shall be
19considered equivalent to any delivery method required under applicable law,
20including delivery by 1st class mail; 1st class mail, postage prepaid; certified mail;
21or registered mail.
SB292-SSA1,4,222 (c) If a provision of, or rule promulgated under, chs. 600 to 655 that requires
23a notice or document to be provided to a party expressly requires verification or
24acknowledgment of receipt of the notice or document, the notice or document may be
25delivered by electronic means only if the method used provides for verification or

1acknowledgment of receipt and the verification or acknowledgement of receipt can
2be documented.
SB292-SSA1,4,5 3(3) Conditions precedent for electronic delivery. (a) Unless sub. (5) (b)
4applies, an insurer may deliver notices and documents to a party by electronic means
5under this section if all of the following are satisfied:
SB292-SSA1,4,76 1. The party affirmatively consented to that method of delivery and has not
7withdrawn the consent.
SB292-SSA1,4,108 2. Before the party gave consent, the insurer provided the party with a
9statement of the hardware and software requirements for access to and retention of
10notices and documents delivered by electronic means.
SB292-SSA1,4,1411 3. The party consented electronically, or confirmed consent electronically, in a
12manner that reasonably demonstrates that the party is able to access information
13in the electronic form that the insurer will use for delivery of notices and documents
14by electronic means.
SB292-SSA1,4,1615 4. Before the party gave consent, the insurer provided the party with a clear
16and conspicuous statement informing the party of all of the following:
SB292-SSA1,4,1817 a. The right or option of the party to have notices and documents provided or
18made available in paper or another nonelectronic form instead.
SB292-SSA1,4,2119 b. The right of the party to withdraw consent to have notices and documents
20delivered by electronic means and any fees, conditions, or consequences that are
21imposed if consent is withdrawn.
SB292-SSA1,4,2422 c. That the party's consent applies to any notices or documents that may be
23delivered by electronic means during the course of the relationship between the
24party and the insurer.
SB292-SSA1,5,3
1d. After consent for delivery by electronic means is given, the means, if any, by
2which a party may obtain a paper copy of a notice or document that has been
3delivered by electronic means and the fee, if any, for the paper copy.
SB292-SSA1,5,64 e. The procedure a party must follow to withdraw consent to have notices and
5documents delivered by electronic means and to update information needed to
6contact the party electronically.
SB292-SSA1,5,97 (b) If the conditions under par. (a) or sub. (5) (b) are satisfied, the insurer may
8elect to deliver all notices and documents by electronic means or only those notices
9and documents selected by the insurer.
SB292-SSA1,5,1210 (c) Even if the conditions under par. (a) or sub. (5) (b) are satisfied, the insurer
11may deliver any notice or document by 1st class mail; 1st class mail, postage prepaid;
12certified mail; or registered mail.
SB292-SSA1,5,15 13(4) Miscellaneous related provisions. (a) This section does not affect any
14requirement related to the content or timing of a notice or document required under
15applicable law.
SB292-SSA1,5,2016 (b) The legal effectiveness, validity, or enforceability of any contract or policy
17of insurance executed by a party may not be denied solely because the contract or
18policy was delivered by electronic means if the insurer has obtained the electronic
19consent or confirmation of consent of the party in accordance with sub. (3) (a) 3. or
20has complied with sub. (5) (b).
SB292-SSA1,5,2221 (c) 1. A withdrawal of consent by a party becomes effective 30 days after the
22insurer receives the withdrawal.
SB292-SSA1,5,2523 2. A withdrawal of consent by a party does not affect the legal effectiveness,
24validity, or enforceability of a notice or document delivered by electronic means to the
25party before the withdrawal of consent becomes effective.
SB292-SSA1,6,6
1(d) If an oral communication or a recording of an oral communication between
2a party and an insurer or an insurer's agent can be reliably stored and reproduced
3by the insurer, the oral communication or recording may qualify as a notice or
4document delivered by electronic means for purposes of this section. This paragraph
5does not apply to notices or documents that are required by applicable law to be in
6writing.
SB292-SSA1,6,127 (e) If a provision of, or rule promulgated under, chs. 600 to 655 requires a
8signature or a notice or document to be notarized, acknowledged, verified, or made
9under oath, the requirement is satisfied if the electronic signature of the person
10authorized to perform those acts, together with all other information required to be
11included by the provision, is attached to or logically associated with the signature,
12notice, or document.
SB292-SSA1,6,1513 (f) Except as provided in par. (d), this section does not and may not be construed
14to modify, limit, or supersede the provisions of the federal Electronic Signatures in
15Global and National Commerce Act, 15 USC 7001 et seq., as amended.
SB292-SSA1,6,2116 (g) If an insurer attempts to deliver a notice or document by electronic means
17to the most recent electronic mail address for the insured in the insurer's files and
18the insurer receives a notice that the delivery by electronic means has failed, the
19insurer shall deliver the notice or document by 1st class mail or by any other delivery
20method required for the notice or document by a provision of, or rule promulgated
21under, chs. 600 to 655.
SB292-SSA1,7,2 22(5) Effect on earlier electronic delivery. (a) This section does not apply to
23a notice or document delivered by an insurer by electronic means before the effective
24date of this paragraph .... [LRB inserts date], to a party who, before that date,

1consented to receive a notice or document by electronic means otherwise allowed by
2applicable law.
SB292-SSA1,7,83 (b) If the consent of a party to receive certain notices or documents by electronic
4means is on file with an insurer before the effective date of this paragraph .... [LRB
5inserts date], and, in accordance with this section, the insurer intends to deliver
6notices and documents to the party by electronic means, before delivering any
7additional notices or documents by electronic means, the insurer shall notify the
8party of all of the following:
SB292-SSA1,7,109 1. The notices or documents that may be delivered by electronic means under
10this section that were not previously delivered by electronic means.
SB292-SSA1,7,1211 2. The party's right to withdraw consent to have any notices or documents
12delivered by electronic means.
SB292-SSA1,7,19 13(6) Posting of policies and endorsements on Internet. Notwithstanding subs.
14(1) to (5), in lieu of delivery to a policyholder, insured, or applicant for insurance by
15any other method, an insurer may post on the insurer's Internet site any standard
16policy, and any endorsements to such a policy, that do not contain personally
17identifiable information. An insurer that elects to post such a policy and any
18endorsements to the policy on its Internet site shall comply with all of the following
19requirements:
SB292-SSA1,7,2120 (a) The policy and any endorsements must be accessible on the insurer's
21Internet site for as long as the policy is in effect.
SB292-SSA1,7,2522 (b) After the policy terminates, the insurer must retain copies of the policy and
23any endorsements to the policy as provided in any provision of, or rule promulgated
24under, chs. 600 to 655, but must make the policy and any endorsements to the policy
25available upon the request of an insured for at least 3 years.
SB292-SSA1,8,3
1(c) The policy and any endorsements must be posted in such a manner that the
2insured is able to print and save the policy and endorsements by using programs or
3applications that are widely available on the Internet and free to use.
SB292-SSA1,8,64 (d) The insurer must provide all of the following information in, or
5simultaneously with, each declarations page that is provided when the policy is
6initially issued and when it is renewed:
SB292-SSA1,8,87 1. A description of the exact policy and endorsement forms purchased by the
8insured.
SB292-SSA1,8,109 2. The method by which the insured may obtain, upon request and without
10charge, a paper copy of the policy and any endorsements to the policy.
SB292-SSA1,8,1211 3. The address of the Internet site where the policy and any endorsements to
12the policy are posted.
SB292-SSA1,8,1413 (e) If the insurer makes any changes to the policy or an endorsement form, the
14insurer must provide notice to the insured of all of the following:
SB292-SSA1,8,1515 1. The change to the policy or endorsement form.
SB292-SSA1,8,1716 2. The insured's right to obtain, upon request and without charge, a paper copy
17of the policy or endorsement form.
SB292-SSA1,8,1918 3. The address of the Internet site where the policy or endorsement form is
19posted.
SB292-SSA1,8,22 20(7) Optional methods. Nothing in this section requires an insurer to deliver
21a notice or document by electronic means or to post policies and endorsements on an
22Internet site.
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