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Notwithstanding any other provision of law:
(1) An insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days' notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a fraudulent claim.
(1.1) An insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 30 days' notice for nonpayment of premium.
(2) An insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy:
(i) if the enrolled customer ceases to have active service with the vendor of portable electronics; or
(ii) if an enrolled customer exhausts the annual aggregate limit of liability under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. If notice is not timely sent, however, enrollment shall continue notwithstanding the annual aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.
(2.1) Except as provided under paragraphs (1), (1.1) and (2), an insurer shall provide the vendor policyholder and each enrolled customer with at least 60 days' notice prior to the termination or alteration of the terms and conditions of a policy of portable electronics insurance. If the terms and conditions of a portable electronics insurance policy are altered, the insurer shall provide:
(i) the vendor policyholder with a revised policy or endorsement; and
(ii) each enrolled customer with evidence indicating that an alteration has occurred and a summary of the material changes.
(3) Where a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination.
(4) Whenever notice is required under this section, it shall be in writing and may be mailed or delivered to the vendor of portable electronics at the vendor's mailing address and to its affected enrolled customers' last known mailing addresses on file with the insurer. If notice is mailed, the insurer or vendor of portable electronics shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. Alternatively, an insurer or vendor policyholder may comply with a notice required by this section by providing electronic notice to a vendor or its affected enrolled customers by electronic means, provided the vendor policyholder or affected enrolled customer agrees to receive such notice electronically. For purposes of this section, an enrolled customer's provision of an electronic mail address to the insurer or vendor policyholder shall be deemed an agreement to receive notice by electronic means if a disclosure is provided to the enrolled customer stating that an enrolled customer's provision of an electronic mail address shall be deemed an agreement to receive notices electronically. If notice is accomplished through electronic means, the insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice was sent.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 40 P.S. Insurance § 4206. Termination or alteration of portable electronics insurance - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-40-ps-insurance/pa-st-sect-40-4206/
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