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Another important point for lawyers to keep in mind is this: the electronic transactions statutes do not require parties to transact their business electronically. A New York trial court case, DWP Pain Free Med. P.C. v. Progressive Northeastern Ins. Co., illustrates this point. In that case, a health services provider sued an insurance company for benefits under NewYork’s No-Fault Insurance Law. Under that law, an insurance carrier must pay or deny a claim for benefits within 30 days after receipt of the claim. An insurer may request additional verification of a claim within 10 days after receipt. In DWP, the plaintiff submitted its claim for services, and the defendant sent its request for verification. With that request, the insurance company sent a form for the plaintiff to complete and sign. In the verification request, the defendant stated that “electronic signatures are not acceptable.” The plaintiff never returned the signed form.

The plaintiff argued, erroneously, t

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