eSignatures & Call Recording for Brokers November 2017
Today’s Agenda • Technology Overview • Workflow & Benefits • Legal Overview • Broker Testimonials • Q&A
Broker Panelists
Karen Hoflin
Melanie Tremblay
Vice President GO Insurance
Personal Lines Manager Mink Insurance
Definition: What is eSignatures Technology? Paperless, secure and convenient, electronic signatures enable customers to sign documents electronically on computers and mobile devices in a single step.
Definition: What is Call Recording Technology? Call recording technology is a system used by many brokers to connect to their office telephone system and store an audio copy of any call processed by their staff. Call recording may also be used to obtain customer consent.
eSignatures: Workflow & Benefits
https://www.csio.com/video/how-do-esignatures-work
eSignatures: Workflow & Benefits
Call Recording: Workflow & Benefits
Workflow & Benefits eSignatures Saves time & money for brokers
Saves time for consumers
Faster turnaround
Fewer errors Improved E&O protection
Exact record of customer service calls
Call Recording
Panelist Q&A: Workflow Benefits
Karen Hoflin
Melanie Tremblay
Vice President GO Insurance
Personal Lines Manager Mink Insurance
Legal Overview: What Is An Electronic Signature Common legal definition: electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document (s. 1(1)) (Ontario Electronic Commerce Act, 2000)
What Is A Signature? Something That Identifies You
Legal Overview: What Is An Electronic Signature Common legal definition: electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document (s. 1(1)) (Ontario Electronic Commerce Act, 2000)
Are eSignatures Legal?
Yes, Unless “Expressly Excluded” “Broadly speaking, electronic commerce legislation is of general application. This means that it applies to commercial activities unless those activities are expressly excluded, or are subject to other legal provisions that prohibit or regulate the use of electronic information or electronic documents.”
CSIO Advisory Report, p. 3 The legislation around electronic commerce in Canada, which incorporates eSignatures, show they are legal and can replace wet ink signatures, unless they are specifically excluded. Although the specifics vary by province, broadly there are 5 exclusions by insurance law.
Five Broad Exclusions Under Insurance Law Notice of cancellation
Nomination of person as having rights / interests of insured on insured’s death
Beneficiary designation (testamentary disposition concern)
Alterations to policy by insurer
Trustee appointment
Electronic vs. Digital Signatures Electronic: Audit Trail
Digital: Encryption
Electronic vs. Digital Signatures • • •
User tracking Record of who signed and when Provides evidence to repudiate challenges
• •
Electronic: Audit Trail
Digital: Encryption
Equally valid under the law
•
Encrypts document Recognizes when tampering has occurred Visible validation of document integrity
Call Recording for Customer Consent Best Practices Include: 1)
Obtain consent for call recording
2)
Confirm customer identity
3)
Inform customer the call is recorded for the purpose of binding/changing/cancelling insurance coverage, and obtain explicit consent
4)
Ensure customer is informed of and understands relevant info (e.g., for applications, disclose premium and state it is subject to change per underwriter review)
Legal Overview: Call Recording for Customer Consent Best Practices Include: 5)
If applicable, read remarks section of application, as well as privacy statement
6)
Obtain explicit consent to proceed
7)
Read misrepresentation and non-disclosure clause; obtain explicit agreement that info provided for insurance with company in question is true
8)
Attach recording to customer file, or otherwise store recording such that there is a secure technical association between the voice signature and the document to be signed
Call Recording for Customer Consent Types of Consent:
“Yes”
“I agree”
“Mm-hmm”
“I understand”
“Uh-huh”
Panelist Q&A: Legal Research
Karen Hoflin
Melanie Tremblay
Vice President GO Insurance
Personal Lines Manager Mink Insurance
Panelist Q&A
Karen Hoflin
Melanie Tremblay
Vice President GO Insurance
Personal Lines Manager Mink Insurance
Resources
www.csio.com/esignatures
CSIO Standards & Solutions
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