Montana Code 33-15-604. Withdrawal of consent to electronic delivery
33-15-604. Withdrawal of consent to electronic delivery. (1) Withdrawal of consent to electronic delivery does not affect the legal effectiveness, validity, or enforceability of a notice or a document that is delivered by electronic means to a party before the withdrawal of consent is effective.
Terms Used In Montana Code 33-15-604
- electronic delivery: means :
(a)delivery to an electronic mail address at which a party has consented to receive notices or documents; or
(b)(i) posting on an electronic network or site accessible by the internet through use of a mobile application, computer, mobile device, tablet, or any other electronic device; and
(ii)sending separate notice of the posting to the electronic mail address at which the party has consented to receive notice of the posting or using any other delivery method to which the party has consented. See Montana Code 33-15-601
- Party: means a recipient of a notice or document required as part of an insurance transaction and includes an applicant, insured, policyholder, certificate holder, or annuity contract holder. See Montana Code 33-15-601
(2)(a) Except as provided in subsection (2)(b), withdrawal of consent by a party becomes effective 15 days after the insurer receives notice of the withdrawal pursuant to the insurer’s noticed procedures.
(b)Except as provided in 33-15-603(2) or if a party updates contact information pursuant to the insurer’s noticed procedures, a withdrawal becomes effective immediately upon the insurer learning that the electronic delivery method currently used is no longer an effective delivery mechanism with respect to the party.
(3)Failure by an insurer to comply with 33-15-603(2) may be treated, at the election of the party, as a withdrawal of consent, but the party shall communicate the withdrawal pursuant to the insurer’s noticed procedures.