Email legally relevant

hick

Hi Folks

Just trying to confirm a bit of research, I'm terminating a Policy with an Insurance company as they are sent me notice that they are reviewing my rate upwards due to the "current climate"

I called them today to advise them they wil be terminating, they said they needed the termination confirmed in writing. Although i plan to send a letter if I dont get it into them by the end of the month they will take another payment.

As I don't trust that it will be processed quick enough by snail mail I'm emailing them a PDF of the letter. I believe under the Electronic Commerce Act, 2000 that a electronic signature/letter is valid.

Thoughts please, I would prefer that they don't come back and say the email wasn't valid and the letter didn't arrive in time.

Thanks in advance
hick

Reloc8

S. 9 of the act - information shall not be denied legal validity solely on the grounds that it is provided in e-form.

S. 21 - where the addressee of the information has designated an information system for the purpose of receiving electronic communication between orginator (you) and addressee (insurance company) the communication is taken to have been received when it has entered the information system.

Where the addressee has not designated an information system for that purpose a communication is received when it comes to the attention of the addressee.


To copper-fasten your approach, get an email or oral confirmation (keeping a note if the latter of when it is provided and by whom) that your email pdf letter will be accepted - that is unless your T & C's provide that e-communication will be used between you and your insurance company by email at a designated address.

Kosseegan

Be careful! Some contracts specify that ordinary post must be used for communications.

hick

Kosseegan wrote: »

Be careful! Some contracts specify that ordinary post must be used for communications.

Thanks for the post, but that's the point, I want to check if legislation will supersede anything that may be in the contract

Cheers
Hick

Reloc8

If the contract stipulates ordinary pre-paid post, it supersedes the Act (noting that S. 9 provides that legitimacy will not be denied 'solely' on the basis of e-form, denial of legitimacy on some other ground, i.e. non compliance with contract is still possible).

That's why you need some confirmation from the service provider that your pdf letter will be accepted as valid.

hick

thanks Reloc8, appreciate the advice
hick

littlemac1980

In the email, mention that the letter is in the post, that kinda puts the onus on them to deal with it quickly, and makes them aware its on the way.