610.60 Electronic delivery of notices and documents.

630 words·~3 min read·/wi/chapter-610/610-60

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Applicable law” means applicable statutory law and rules and regulations having the force of law.

(b)“Deliver by electronic means” includes any of the following:

1. Delivery to an electronic mail address at which a party has consented to receive notices or documents.

2. Posting on an electronic network or site that is accessible via the Internet by using a mobile application, computer, mobile device, tablet, or any other electronic device and sending separate notice of the posting to a party, directed to the electronic mail address at which the party has consented to receive notice of the posting.

(c)“Party” means a recipient of a notice or document required as part of an insurance transaction, including an applicant, an insured, or a policyholder.

(2)Electronic delivery permitted; equivalent to other methods.

(a)Subject to par.

(c), subs.

(3)and

(b), and s. 137.12

(c), notice to a party, and any other document that is required under applicable law in an insurance transaction or that serves as evidence of insurance coverage, may be stored, presented, and delivered by electronic means, as long as the notice or other document meets the requirements of ch. 137 .

(b)Delivery of a notice or document in accordance with this section shall be considered equivalent to any delivery method required under applicable law, including delivery by 1st class mail; 1st class mail, postage prepaid; certified mail; or registered mail.

(c)If a provision of, or rule promulgated under, chs. 600 to 655 that requires a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt and the verification or acknowledgment of receipt can be documented.

(3)Conditions precedent for electronic delivery.

(a)Unless sub.

(b)applies, an insurer may deliver notices and documents to a party by electronic means under this section if all of the following are satisfied:

1. The party affirmatively consented to that method of delivery and has not withdrawn the consent.

2. Before the party gave consent, the insurer provided the party with a statement of the hardware and software requirements for access to and retention of notices and documents delivered by electronic means.

3. The party consented electronically, or confirmed consent electronically, in a manner that reasonably demonstrates that the party is able to access information in the electronic form that the insurer will use for delivery of notices and documents by electronic means.

4. Before the party gave consent, the insurer provided the party with a clear and conspicuous statement informing the party of all of the following:

a. The right or option of the party to have notices and documents provided or made available in paper or another nonelectronic form instead.

b. The right of the party to withdraw consent to have notices and documents delivered by electronic means and any fees, conditions, or consequences that are imposed if consent is withdrawn.

c. That the party’s consent applies to any notices or documents that may be delivered by electronic means during the course of the relationship between the party and the insurer.

d. After consent for delivery by electronic means is given, the means, if any, by which a party may obtain a paper copy of a notice or document that has been delivered by electronic means and the fee, if any, for the paper copy.

e. The procedure a party must follow to withdraw consent to have notices and documents delivered by electronic means and to update information needed to contact the party electronically.