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Monday, August 3, 2015

PA Now Allows Electronic Delivery of Annuity and Life Insurance Policies (Act 30 of 2015)

 Pennsylvania law has long required an insurer to provide delivery of the policy to the policyholder.  This delivery triggers certain notice obligations and other policyholder rights.  


As of September 8 ,2015, Pennsylvania will allow electronic delivery of piolicies and annuities.  Act 30 of 2015 amends Section 404-A:

Delivery of Individual Policies and Annuities.--(a)  For purposes of determining the commencement of the period during which the owner of an individual insurance policy or annuity may exercise any statutory right to examine, surrender or return the policy for cancellation, the date of delivery of the policy or annuity shall be: (1)  the date of mailing of the policy or annuity by the insurer if the delivery is by the United States mail or other postal delivery system; (2)  the date the policy or annuity is physically delivered to the owner by a representative of the insurer; or (3)  the date of electronic transmission of the policy or annuity provided the electronic transmission has been effected in accordance with this section and the provisions of section 354.7 and any other state or Federal laws governing the electronic transmission of documents and information. The insurer shall retain evidence of electronic transmittal for the entire period of the insurance policy or annuity.

(b)  In the event of a dispute with the owner of a policy or annuity, the burden of proof shall be on the insurer to establish that the policy or annuity was delivered. An insurer or representative of the insurer shall be deemed to have satisfied the burden of proof by showing, to the department's satisfaction, it has sent the policy or annuity in the normal course of business.

Section 2.  This act shall take effect in 60 days.

Act 30 of 2015


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