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Engrossed Version Senate Bill 495 History

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ENGROSSED

Senate Bill No. 495

(By Senators Minard and Kessler)

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[Introduced March 15, 2001; referred to the Committee on Banking and Insurance; and then to the Committee on Finance.]

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A BILL to amend chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-e, relating to the transaction of insurance via the internet and the world wide web; providing for the use of electronic signatures and substituted signatures; defining the internet; and electronic delivery of insurance contracts.

Be it enacted by the Legislature of West Virginia:
That chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-e, to read as follows:
ARTICLE 6E. ELECTRONIC TRANSACTION OF INSURANCE.
§33-6E-1. Definitions.
(a) "Commissioner" means the West Virginia insurance commissioner.
(b) "Internet", as used in this chapter, means the globally dispersed public electronic communications network that connects computer networks and organizational computer facilities worldwide, including, without limitation, the world wide web and electronic mail systems.
(c) "Signature", as used in this chapter, means with respect to any insurance transaction for which this chapter requires a signature or an original signature, any of the following:
(1) An original, written signature;
(2) An electronic signature provided in accordance with the provisions contained within the "Electronic Signatures in Global and National Commerce Act", Pub. L. No. 106-229, 114 Stat. 464, 15 U.S.C.A. 7001-7031 (2000); and
(3) Information other than an oral communication provided by a person whose signature is required by this chapter pursuant to a procedure designed and maintained by any person or entity which maintains a license to transact insurance in this state: Provided, That such procedure is:
(A) Designed to protect the privacy, confidentiality, accuracy, authenticity and security of the person whose signature is required; and
(B) Has been submitted to and approved by the commissioner.
§33-6E-2. Applicability.
The provisions contained within the "Electronic Signatures in Global and National Commerce Act", Pub. L. No. 106-229, 114 Stat. 464, 15 U.S.C.A. 7001-7031 (2000), are applicable to the provisions contained in this chapter and to the transaction of insurance in West Virginia.
§33-6E-3. Delivery of the policy.
In the event that insurance is transacted via the internet, by electronic mail or by any other form of mass communications media, a contract or certificate of insurance is considered delivered if transmitted electronically in accordance with the "Electronic Signatures in Global and National Commerce Act", Pub. L. No. 106-229, 114 Stat. 464, 15 U.S.C.A. 7001-7031 (2000), and the provisions of this article.
§33-6E-4. Preservation of rights and duties.
Except as specifically stated herein, nothing contained in this article shall limit, alter or otherwise affect any requirement imposed by this chapter or its corresponding rules relating to the rights and obligations of persons under this chapter.
§33-6E-5. Rules.
The commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for purposes of implementing the provisions of this article.
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