NYSDFS: Even During Pandemic, Client Consent Required For Emailed Policies
The New York State Department of Financial Services has reaffirmed its opinion that insurers and producers must obtain a client's consent before providing electronic copies of policies. Since the enactment of New York's Electronic Signatures and Records Act in 1999, the DFS has consistently interpreted it as requiring insurers and producers to obtain prior consent from clients before sending them any insurance documents in electronic form. Big I New York and others had suggested to the department that they waive the prior consent requirement during the state of emergency declared by the governor in response to the COVID-19 outbreak. However, a new post on the department's website…