23-88-506. Termination of portable electronics insurance.

23-88-506. Termination of portable electronics insurance. (a) Notwithstanding any other law: (1) An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only if the policyholder and enrolled customer are provided with at least thirty (30) days' notice; and (2) If the insurer changes the terms and conditions of a portable electronics insurance policy, the insurer shall provide: (A) The vendor with a revised policy or endorsement; and (B) Each enrolled customer with: (i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and (ii) A summary of material changes to the portable electronics insurance policy coverage. (b) Notwithstanding subsection (a) of this section, an insurer may terminate an enrolled customer's coverage under a portable electronics insurance policy on fifteen (15) days' notice if the insurer discovers that fraud or material misrepresentation was used in obtaining coverage or in the presentation of a claim under the portable electronics insurance policy. (c) Notwithstanding subsection (a) of this section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (1) For nonpayment of premium; (2) If an enrolled customer ceases to have an active service with the vendor; or (3)(A) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty (30) calendar days after exhaustion of the limit. (B) If notice to the enrolled customer is not timely sent by the insurer, enrollment and coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer. (d)(1) If a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to the enrolled customer to advise the enrolled customer of the termination of the portable electronics insurance coverage and the effective date of termination. (2) The written notice shall be mailed or delivered to the enrolled customer at least thirty (30) days before the termination by the policyholder. (e)(1) When notice is required under this subchapter, the notice shall be in writing and may be mailed or delivered by registered mail to: (A) The vendor at the vendor's last known mailing address; and (B) The vendor's affected enrolled customers' last known mailing addresses on file with the insurer. (2)(A) If notice is completed through the mail, the person providing notice shall maintain proof of mailing. (B) An insurer may comply with a notice requirement under this subchapter by providing electronic notice to a vendor or its affected enrolled customers through electronic means. (C) If notice is completed through electronic means, the insurer shall maintain proof that the notice was sent.