Tenn. Code Ann. § 56-9-333 — TN Code / Title 56 / Chapter 9 / Section 56-9-333
Unclaimed funds - Disposition
Status: in_force

(a) All unclaimed funds subject to distribution remaining in the liquidator's hands when the liquidator is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member or other person who is unknown or cannot be found, shall be deposited with the state treasurer, and shall be paid without interest to the person entitled thereto or that person's legal representative upon proof satisfactory to the state treasurer of the person's right thereto. Any amount on deposit not claimed within six (6) years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the general fund. Alternatively, the liquidator may elect to apply to the court for authority to hold the unclaimed funds subject to distribution for a period of two (2) years. Thereafter, any unclaimed funds may be distributed to approved claimants who have previously received a distribution, if it is economically feasible for the liquidator to make the distribution, or the liquidator may apply to the court for permission for the funds to be held by the commissioner for the purpose of defraying the costs and expenses of administration of other insolvent insurers for which there are insufficient assets to fund the costs and expenses of administration. With the approval of the supervising court, the liquidator may deposit unclaimed and withheld funds into a segregated account to be known as the closed estate fund, hereinafter the "fund." The commissioner may thereafter use moneys held in the account to fund the administrative expenses of proceedings against persons subject to this chapter that lack sufficient assets to fund administration. The commissioner shall maintain complete records with respect to all transactions involving the fund and shall prepare an annual accounting of the fund subject to audit by the comptroller of the treasury. If subsequent to disbursement of moneys from the fund, assets of the person become available to fund administration, the fund shall be reimbursed before other administrative expenses are paid. (b) All funds withheld under this chapter as a special claim and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid in accordance with a priority of distribution of claims established by the liquidator. Any sums remaining that would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (a), unless the commissioner in the commissioner's discretion petitions the court to reopen the liquidation. Acts 1991, ch. 142, § 4; 1999, ch. 348, § 3.
(a) All unclaimed funds subject to distribution remaining in the liquidator's hands when the liquidator is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member or other person who is unknown or cannot be found, shall be deposited with the state treasurer, and shall be paid without interest to the person entitled thereto or that person's legal representative upon proof satisfactory to the state treasurer of the person's right thereto. Any amount on deposit not claimed within six (6) years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the general fund. Alternatively, the liquidator may elect to apply to the court for authority to hold the unclaimed funds subject to distribution for a period of two (2) years. Thereafter, any unclaimed funds may be distributed to approved claimants who have previously received a distribution, if it is economically feasible for the liquidator to make the distribution, or the liquidator may apply to the court for permission for the funds to be held by the commissioner for the purpose of defraying the costs and expenses of administration of other insolvent insurers for which there are insufficient assets to fund the costs and expenses of administration. With the approval of the supervising court, the liquidator may deposit unclaimed and withheld funds into a segregated account to be known as the closed estate fund, hereinafter the "fund." The commissioner may thereafter use moneys held in the account to fund the administrative expenses of proceedings against persons subject to this chapter that lack sufficient assets to fund administration. The commissioner shall maintain complete records with respect to all transactions involving the fund and shall prepare an annual accounting of the fund subject to audit by the comptroller of the treasury. If subsequent to disbursement of moneys from the fund, assets of the person become available to fund administration, the fund shall be reimbursed before other administrative expenses are paid.
(b) All funds withheld under this chapter as a special claim and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid in accordance with a priority of distribution of claims established by the liquidator. Any sums remaining that would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under subsection (a), unless the commissioner in the commissioner's discretion petitions the court to reopen the liquidation.
Acts 1991, ch. 142, § 4; 1999, ch. 348, § 3.
Tenn. Code Ann. § 56-27-113 — TN Code / Title 56 / Chapter 27 / Section 56-27-113
Investment of funds
Status: in_force

The funds of the medical service corporations subject to this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies. Acts 1945, ch. 113, § 16; C. Supp. 1950, § 4186.32 (Williams, § 4186.33); T.C.A. (orig. ed.), § 56-2913.
The funds of the medical service corporations subject to this chapter shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies.
Acts 1945, ch. 113, § 16; C. Supp. 1950, § 4186.32 (Williams, § 4186.33); T.C.A. (orig. ed.), § 56-2913.
Tenn. Code Ann. § 56-30-105 — TN Code / Title 56 / Chapter 30 / Section 56-30-105
Board of directors
Status: in_force

A dental service plan corporation shall consist of a board of directors of such number, grouped in reasonable classes, as the bylaws of the corporation, as approved by the commissioner, shall provide. Acts 1961, ch. 340, § 5; T.C.A., § 56-3505.
A dental service plan corporation shall consist of a board of directors of such number, grouped in reasonable classes, as the bylaws of the corporation, as approved by the commissioner, shall provide.
Acts 1961, ch. 340, § 5; T.C.A., § 56-3505.
Tenn. Code Ann. § 56-5-123 — TN Code / Title 56 / Chapter 5 / Section 56-5-123
Commercial lines insurer's obligation to furnish loss run history to insured
Status: in_force

(a) Within ten (10) business days of receipt of a written request from an insured or an insured's designee, a commercial lines insurer shall furnish directly to the person designated in the request, a copy of the insured's loss run history for up to the previous three (3) years, or complete loss run history with the insurer if the history is less than three (3) years. A written request includes communications made by email or fax. For the purposes of this section, "receipt" means receipt by an individual or entity designated by an insurer to receive loss run history requests. (b) If the insurer fails to provide the requested information within the time allowed in this section, the failure shall be a violation of the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009, compiled in chapter 8, part 1 of this title, and any requestor may seek enforcement and any remedies allowed pursuant to that chapter. The commissioner may take action in accordance with § 56-2-305 for the violation of subsection (a). (c) Notwithstanding this part to the contrary, no insurer shall charge any fees to prepare and furnish one (1) three-year loss run history. However, if the insurer provides the loss run history via electronic means, then the insurer may charge a reasonable fee to provide a hard copy of the same report. Amended by 2014 Tenn. Acts, ch. 521,s 1, eff. 7/1/2014. Acts 2003, ch. 359, § 14; 2005, ch. 165, § 1.
(a) Within ten (10) business days of receipt of a written request from an insured or an insured's designee, a commercial lines insurer shall furnish directly to the person designated in the request, a copy of the insured's loss run history for up to the previous three (3) years, or complete loss run history with the insurer if the history is less than three (3) years. A written request includes communications made by email or fax. For the purposes of this section, "receipt" means receipt by an individual or entity designated by an insurer to receive loss run history requests.
(b) If the insurer fails to provide the requested information within the time allowed in this section, the failure shall be a violation of the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009, compiled in chapter 8, part 1 of this title, and any requestor may seek enforcement and any remedies allowed pursuant to that chapter. The commissioner may take action in accordance with § 56-2-305 for the violation of subsection (a).
(c) Notwithstanding this part to the contrary, no insurer shall charge any fees to prepare and furnish one (1) three-year loss run history. However, if the insurer provides the loss run history via electronic means, then the insurer may charge a reasonable fee to provide a hard copy of the same report.
Amended by 2014 Tenn. Acts, ch. 521,s 1, eff. 7/1/2014.
Acts 2003, ch. 359, § 14; 2005, ch. 165, § 1.
Tenn. Code Ann. § 56-13-121 — TN Code / Title 56 / Chapter 13 / Section 56-13-121
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations necessary to effectuate the purposes of this chapter; provided, that, no rule promulgated pursuant to this chapter shall affect a special purpose financial captive (SPFC) insurance securitization, as defined and authorized by part 4 of this chapter, in effect at the time of the promulgation. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2011, ch. 468, § 1.
The commissioner is authorized to promulgate rules and regulations necessary to effectuate the purposes of this chapter; provided, that, no rule promulgated pursuant to this chapter shall affect a special purpose financial captive (SPFC) insurance securitization, as defined and authorized by part 4 of this chapter, in effect at the time of the promulgation. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-26-119 — TN Code / Title 56 / Chapter 26 / Section 56-26-119
False statements in application
Status: in_force

The falsity of any statement in the application for any policy covered by this chapter may not bar the right to recovery thereunder unless the false statement materially affected either the acceptance of the risk or hazard assumed by the insurer and then not if the agent taking the application knew of the falsity. Acts 1955, ch. 4, § 6; 1963, ch. 159, § 1; T.C.A., § 56-3319.
The falsity of any statement in the application for any policy covered by this chapter may not bar the right to recovery thereunder unless the false statement materially affected either the acceptance of the risk or hazard assumed by the insurer and then not if the agent taking the application knew of the falsity.
Acts 1955, ch. 4, § 6; 1963, ch. 159, § 1; T.C.A., § 56-3319.
Tenn. Code Ann. § 56-51-117 — TN Code / Title 56 / Chapter 51 / Section 56-51-117
Restrictions upon expulsion or refusal to issue or renew contract
Status: in_force

(a) A prepaid limited health service organization may not expel or refuse to renew the coverage of or refuse to enroll any individual member of a subscriber group through a health maintenance organization or a state or federal agency on the basis of the race, color, creed, disability, marital status, sex, or national origin of the subscriber or individual. (b) A prepaid limited health service organization may not expel or refuse to renew the coverage of any individual member of a subscriber group through a health maintenance organization or a state or federal agency on the basis of the age or health status of the subscriber or individual. (c) For group solicitations through a contract with a health maintenance organization, a prepaid limited health service organization may preunderwrite to determine group acceptability. However, once a contract is issued, a prepaid limited health service organization must provide coverage to all existing enrollees and their dependents, and newly employed enrollees and their dependents who have enrolled within thirty (30) days of eligibility or membership. (d) Nothing in this section prohibits a prepaid limited health service organization from requiring in its contracts with health maintenance organizations that, as a condition of continued eligibility for membership, dependents of a subscriber upon reaching a specified age convert to a converted contract. Coverage must continue to be provided to children with a disability who are incapable of self-sustaining employment by reason of mental or physical disability, and substantially dependent upon the enrollee for support and maintenance. Acts 2000, ch. 948, §17; 2011 , ch. 47, §§ 67, 68.
(a) A prepaid limited health service organization may not expel or refuse to renew the coverage of or refuse to enroll any individual member of a subscriber group through a health maintenance organization or a state or federal agency on the basis of the race, color, creed, disability, marital status, sex, or national origin of the subscriber or individual.
(b) A prepaid limited health service organization may not expel or refuse to renew the coverage of any individual member of a subscriber group through a health maintenance organization or a state or federal agency on the basis of the age or health status of the subscriber or individual.
(c) For group solicitations through a contract with a health maintenance organization, a prepaid limited health service organization may preunderwrite to determine group acceptability. However, once a contract is issued, a prepaid limited health service organization must provide coverage to all existing enrollees and their dependents, and newly employed enrollees and their dependents who have enrolled within thirty (30) days of eligibility or membership.
(d) Nothing in this section prohibits a prepaid limited health service organization from requiring in its contracts with health maintenance organizations that, as a condition of continued eligibility for membership, dependents of a subscriber upon reaching a specified age convert to a converted contract. Coverage must continue to be provided to children with a disability who are incapable of self-sustaining employment by reason of mental or physical disability, and substantially dependent upon the enrollee for support and maintenance.
Acts 2000, ch. 948, §17; 2011 , ch. 47, §§ 67, 68.
Tenn. Code Ann. § 56-6-1405 — TN Code / Title 56 / Chapter 6 / Section 56-6-1405
Travel insurance authorized as individual policy or under group or master policy
Status: in_force

Travel insurance may be provided under an individual policy or under a group or master policy. Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Travel insurance may be provided under an individual policy or under a group or master policy.
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Tenn. Code Ann. § 56-44-102 — TN Code / Title 56 / Chapter 44 / Section 56-44-102
Insurers - Duty to file copy of annual statement convention blank with National Association of Insurance Commissioners
Status: in_force

(a) (1) Each domestic, foreign and alien insurer who is authorized to transact insurance in this state shall annually, on or before March l of each year, file with the National Association of Insurance Commissioners (NAIC), and pay the fee established by the NAIC for filing, reviewing or processing of the information, a copy of its annual statement convention blank, together with the additional filings as prescribed by the commissioner for the preceding year. (2) The information filed with the NAIC shall be in the same format and scope as that required by the commissioner of commerce and insurance and shall include the signed jurat page and the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with the commissioner shall also be filed with the NAIC. Each insurer doing business in more than one (1) state, and any other insurers as required by the commissioner, shall also file with the NAIC annual and quarterly financial statement information in computer readable format as required by the insurance regulatory information system. (b) Foreign insurers that are domiciled in a state that has a law substantially similar to subsection (a) shall be deemed in compliance with this section. Acts 1991, ch. 142, § 5; 1995, ch. 363, § 6.
(a) (1) Each domestic, foreign and alien insurer who is authorized to transact insurance in this state shall annually, on or before March l of each year, file with the National Association of Insurance Commissioners (NAIC), and pay the fee established by the NAIC for filing, reviewing or processing of the information, a copy of its annual statement convention blank, together with the additional filings as prescribed by the commissioner for the preceding year. (2) The information filed with the NAIC shall be in the same format and scope as that required by the commissioner of commerce and insurance and shall include the signed jurat page and the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with the commissioner shall also be filed with the NAIC. Each insurer doing business in more than one (1) state, and any other insurers as required by the commissioner, shall also file with the NAIC annual and quarterly financial statement information in computer readable format as required by the insurance regulatory information system.
(1) Each domestic, foreign and alien insurer who is authorized to transact insurance in this state shall annually, on or before March l of each year, file with the National Association of Insurance Commissioners (NAIC), and pay the fee established by the NAIC for filing, reviewing or processing of the information, a copy of its annual statement convention blank, together with the additional filings as prescribed by the commissioner for the preceding year.
(2) The information filed with the NAIC shall be in the same format and scope as that required by the commissioner of commerce and insurance and shall include the signed jurat page and the actuarial certification. Any amendments and addenda to the annual statement filing subsequently filed with the commissioner shall also be filed with the NAIC. Each insurer doing business in more than one (1) state, and any other insurers as required by the commissioner, shall also file with the NAIC annual and quarterly financial statement information in computer readable format as required by the insurance regulatory information system.
(b) Foreign insurers that are domiciled in a state that has a law substantially similar to subsection (a) shall be deemed in compliance with this section.
Acts 1991, ch. 142, § 5; 1995, ch. 363, § 6.
Tenn. Code Ann. § 56-8-203 — TN Code / Title 56 / Chapter 8 / Section 56-8-203
Discriminatory acts prohibited
Status: in_force

No insurer or health carrier may engage in an unfairly discriminatory act or practice, as defined in § 56-8-204 , against a subject of abuse on the basis of that abuse status. Acts 1996, ch. 723, § 2.
No insurer or health carrier may engage in an unfairly discriminatory act or practice, as defined in § 56-8-204 , against a subject of abuse on the basis of that abuse status.
Acts 1996, ch. 723, § 2.
Tenn. Code Ann. § 56-26-110 — TN Code / Title 56 / Chapter 26 / Section 56-26-110
Inapplicable or inconsistent provisions
Status: in_force

If any provision of §§ 56-26-108 - 56-26-114 is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy. Acts 1955, ch. 4, § 4; T.C.A., § 56-3310.
If any provision of §§ 56-26-108 - 56-26-114 is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
Acts 1955, ch. 4, § 4; T.C.A., § 56-3310.
Tenn. Code Ann. § 56-7-3116 — TN Code / Title 56 / Chapter 7 / Section 56-7-3116
Prohibited terms or conditions in contracts
Status: in_force

A covered entity or pharmacy benefits manager shall not include any term or condition in a contract with a pharmacy or pharmacist that requires a pharmacist to dispense a drug or other product to a patient contrary to a pharmacist's professional judgment. Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
A covered entity or pharmacy benefits manager shall not include any term or condition in a contract with a pharmacy or pharmacist that requires a pharmacist to dispense a drug or other product to a patient contrary to a pharmacist's professional judgment.
Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
Tenn. Code Ann. § 56-54-109 — TN Code / Title 56 / Chapter 54 / Section 56-54-109
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 10.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 10.
Tenn. Code Ann. § 56-3-116 — TN Code / Title 56 / Chapter 3 / Section 56-3-116
Property and casualty insurers - Risk limitations - Applicability
Status: in_force

(a) No insurance company engaged in the business of property and casualty insurance shall retain a maximum net amount on any single risk in excess of ten percent (10%) of the company's capital, or surplus funds, if the insurer is a mutual, reciprocal or Lloyd's plan insurer. (b) This section does not apply to any company organized pursuant to chapter 13 of this title except for risk retention groups as defined in 15 U.S.C. § 3901 et seq. and 42 U.S.C. § 9671 . Amended by 2014 Tenn. Acts, ch. 559,s 9, eff. 3/21/2014. Acts 1991, ch. 142, § 2; 1999, ch. 394, § 1; T.C.A. § 56-3-115 .
(a) No insurance company engaged in the business of property and casualty insurance shall retain a maximum net amount on any single risk in excess of ten percent (10%) of the company's capital, or surplus funds, if the insurer is a mutual, reciprocal or Lloyd's plan insurer.
(b) This section does not apply to any company organized pursuant to chapter 13 of this title except for risk retention groups as defined in 15 U.S.C. § 3901 et seq. and 42 U.S.C. § 9671 .
Amended by 2014 Tenn. Acts, ch. 559,s 9, eff. 3/21/2014.
Acts 1991, ch. 142, § 2; 1999, ch. 394, § 1; T.C.A. § 56-3-115 .
Tenn. Code Ann. § 56-9-406 — TN Code / Title 56 / Chapter 9 / Section 56-9-406
Liquidation proceedings begun in Tennessee - Where claims filed and proved - Effect of ancillary proceedings
Status: in_force

(a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in § 56-9-407(b) , with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in the ancillary states, but shall not be conclusive with respect to priorities against general assets under § 56-9-330 . Acts 1991, ch. 142, § 4.
(a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in § 56-9-407(b) , with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in the ancillary states, but shall not be conclusive with respect to priorities against general assets under § 56-9-330 .
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-21-123 — TN Code / Title 56 / Chapter 21 / Section 56-21-123
Maximum amounts of fire risks prescribed
Status: in_force

(a) The maximum amount carried by any such company on any one (1) or more risks reasonably subject to one (1) fire shall not exceed the amounts prescribed in the following schedule when under the protection of a full paid fire department, not exceeding three fifths (3/5) of that amount when not under the protection of a full paid fire department: Total amounts of fire insurance in force Maximum single risk When under $400,000 .................... $ 2,000 $400,000 and under $600,000 .................... 3,000 $600,000 and under $900,000 .................... 4,000 $900,000 and under $1,200,000 .................... 5,000 $1,200,000 and under $1,500,000 .................... 5,500 $1,500,000 and under $2,000,000 .................... 6,000 $2,000,000 and under $2,500,000 .................... 7,000 $2,500,000 and under $3,000,000 .................... 8,000 $3,000,000 and under $3,500,000 .................... 9,000 $3,500,000 and under $5,000,000 .................... 10,000 $5,000,000 and over .................... 12,500 (b) When the insurance in force exceeds five million dollars ($5,000,000), the maximum permissible risk shall increase in the amount of one thousand dollars ($1,000) for each one million dollars ($1,000,000) of the amount of insurance in force; provided, that the maximum permissible risk shall in no case exceed thirty-five thousand dollars ($35,000). Notwithstanding any of the foregoing provisions, any state mutual fire insurance company having and maintaining seven hundred fifty thousand dollars ($750,000) in surplus funds, exclusive of contingent surplus funds, may insure any single risk up to fifty thousand dollars ($50,000). For purposes of this section, homeowners' policies, farm owners' policies and commercial multi-peril policies shall be considered permissible up to the limits of the property coverage. (c) State mutual fire insurance companies not maintaining guaranty capital securities equal to or more than two hundred thousand dollars ($200,000), deposited prior to July 1, 1975, or maintaining seven hundred fifty thousand dollars ($750,000) in surplus funds, exclusive of contingent surplus funds, may retain up to ten percent (10%) of risks classified as vehicle insurance, casualty insurance and surety insurance. Ninety percent (90%) shall be reinsured with another state mutual fire insurance company or any casualty insurance company licensed to transact the specific lines of coverage to be reinsured in this state. Acts 1907, ch. 461, § 8; Shan., § 3369a22; Acts 1921, ch. 160, § 8; Code 1932, § 6273; Acts 1975, ch. 119, § 1; 1977, ch. 201, § 1; T.C.A. (orig. ed.), § 56-2025.
(a) The maximum amount carried by any such company on any one (1) or more risks reasonably subject to one (1) fire shall not exceed the amounts prescribed in the following schedule when under the protection of a full paid fire department, not exceeding three fifths (3/5) of that amount when not under the protection of a full paid fire department: Total amounts of fire insurance in force Maximum single risk When under $400,000 .................... $ 2,000 $400,000 and under $600,000 .................... 3,000 $600,000 and under $900,000 .................... 4,000 $900,000 and under $1,200,000 .................... 5,000 $1,200,000 and under $1,500,000 .................... 5,500 $1,500,000 and under $2,000,000 .................... 6,000 $2,000,000 and under $2,500,000 .................... 7,000 $2,500,000 and under $3,000,000 .................... 8,000 $3,000,000 and under $3,500,000 .................... 9,000 $3,500,000 and under $5,000,000 .................... 10,000 $5,000,000 and over .................... 12,500
Total amounts of fire insurance in force Maximum single risk When under $400,000 .................... $ 2,000 $400,000 and under $600,000 .................... 3,000 $600,000 and under $900,000 .................... 4,000 $900,000 and under $1,200,000 .................... 5,000 $1,200,000 and under $1,500,000 .................... 5,500 $1,500,000 and under $2,000,000 .................... 6,000 $2,000,000 and under $2,500,000 .................... 7,000 $2,500,000 and under $3,000,000 .................... 8,000 $3,000,000 and under $3,500,000 .................... 9,000 $3,500,000 and under $5,000,000 .................... 10,000 $5,000,000 and over .................... 12,500
Total amounts of fire insurance in force
Maximum single risk
When under $400,000 ....................
$ 2,000
$400,000 and under $600,000 ....................
3,000
$600,000 and under $900,000 ....................
4,000
$900,000 and under $1,200,000 ....................
5,000
$1,200,000 and under $1,500,000 ....................
5,500
$1,500,000 and under $2,000,000 ....................
6,000
$2,000,000 and under $2,500,000 ....................
7,000
$2,500,000 and under $3,000,000 ....................
8,000
$3,000,000 and under $3,500,000 ....................
9,000
$3,500,000 and under $5,000,000 ....................
10,000
$5,000,000 and over ....................
12,500
(b) When the insurance in force exceeds five million dollars ($5,000,000), the maximum permissible risk shall increase in the amount of one thousand dollars ($1,000) for each one million dollars ($1,000,000) of the amount of insurance in force; provided, that the maximum permissible risk shall in no case exceed thirty-five thousand dollars ($35,000). Notwithstanding any of the foregoing provisions, any state mutual fire insurance company having and maintaining seven hundred fifty thousand dollars ($750,000) in surplus funds, exclusive of contingent surplus funds, may insure any single risk up to fifty thousand dollars ($50,000). For purposes of this section, homeowners' policies, farm owners' policies and commercial multi-peril policies shall be considered permissible up to the limits of the property coverage.
(c) State mutual fire insurance companies not maintaining guaranty capital securities equal to or more than two hundred thousand dollars ($200,000), deposited prior to July 1, 1975, or maintaining seven hundred fifty thousand dollars ($750,000) in surplus funds, exclusive of contingent surplus funds, may retain up to ten percent (10%) of risks classified as vehicle insurance, casualty insurance and surety insurance. Ninety percent (90%) shall be reinsured with another state mutual fire insurance company or any casualty insurance company licensed to transact the specific lines of coverage to be reinsured in this state.
Acts 1907, ch. 461, § 8; Shan., § 3369a22; Acts 1921, ch. 160, § 8; Code 1932, § 6273; Acts 1975, ch. 119, § 1; 1977, ch. 201, § 1; T.C.A. (orig. ed.), § 56-2025.
Tenn. Code Ann. § 56-14-116 — TN Code / Title 56 / Chapter 14 / Section 56-14-116
Keeping of records
Status: in_force

(a) Each surplus lines agent shall keep in the agent's office in this state a full and true record of each surplus lines contract procured by the agent for or on behalf of an insured whose home state is the state of Tennessee, including a copy of the daily report, if any, and showing such of the following items as may be applicable: (1) Amount of the insurance and perils insured against; (2) Brief general description of property insured and where located; (3) Gross premium charged; (4) Return premium paid, if any; (5) Rate of premium charged upon the several items of property; (6) Effective date of the contract and its terms; (7) Name and post office address of the insured; (8) Name and home office address of the insurer; (9) Amount collected from the insured; and (10) Other information as required by the commissioner. (b) The record shall at all times be open to examination by the commissioner without notice, and shall be kept available and open to the commissioner for three (3) years next following expiration or cancellation of the contract. Acts 1969, ch. 270, § 16; T.C.A., § 56-3816; Acts 2011, ch. 446, § 1.
(a) Each surplus lines agent shall keep in the agent's office in this state a full and true record of each surplus lines contract procured by the agent for or on behalf of an insured whose home state is the state of Tennessee, including a copy of the daily report, if any, and showing such of the following items as may be applicable: (1) Amount of the insurance and perils insured against; (2) Brief general description of property insured and where located; (3) Gross premium charged; (4) Return premium paid, if any; (5) Rate of premium charged upon the several items of property; (6) Effective date of the contract and its terms; (7) Name and post office address of the insured; (8) Name and home office address of the insurer; (9) Amount collected from the insured; and (10) Other information as required by the commissioner.
(1) Amount of the insurance and perils insured against;
(2) Brief general description of property insured and where located;
(3) Gross premium charged;
(4) Return premium paid, if any;
(5) Rate of premium charged upon the several items of property;
(6) Effective date of the contract and its terms;
(7) Name and post office address of the insured;
(8) Name and home office address of the insurer;
(9) Amount collected from the insured; and
(10) Other information as required by the commissioner.
(b) The record shall at all times be open to examination by the commissioner without notice, and shall be kept available and open to the commissioner for three (3) years next following expiration or cancellation of the contract.
Acts 1969, ch. 270, § 16; T.C.A., § 56-3816; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-29-104 — TN Code / Title 56 / Chapter 29 / Section 56-29-104
Articles of incorporation and amendments - Approval by commissioner
Status: in_force

The articles of incorporation of the corporation and amendments to the articles shall be submitted to the department. The approval of the articles and amendments by the commissioner of commerce and insurance, referred to as the "commissioner" in this chapter, shall be endorsed on the articles and amendments before the articles and amendments are filed with the secretary of state; provided, that if the articles of incorporation of the corporation have been filed with the secretary of state prior to April 15, 1949, the approval of the articles by the commissioner shall be evidenced by a separate instrument in writing, filed with the secretary of state. Acts 1949, ch. 234, § 3; C. Supp. 1950, § 4186.45 (Williams, §4186.48); impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-3104.
The articles of incorporation of the corporation and amendments to the articles shall be submitted to the department. The approval of the articles and amendments by the commissioner of commerce and insurance, referred to as the "commissioner" in this chapter, shall be endorsed on the articles and amendments before the articles and amendments are filed with the secretary of state; provided, that if the articles of incorporation of the corporation have been filed with the secretary of state prior to April 15, 1949, the approval of the articles by the commissioner shall be evidenced by a separate instrument in writing, filed with the secretary of state.
Acts 1949, ch. 234, § 3; C. Supp. 1950, § 4186.45 (Williams, §4186.48); impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-3104.
Tenn. Code Ann. § 56-1-102 — TN Code / Title 56 / Chapter 1 / Section 56-1-102
Definitions for this chapter, chapters 2-4, 7, 10 and 11 of this title
Status: in_force

As used in this chapter and chapters 2-4, 7, 10 and 11 of this title, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Company" or "insurance company" includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance; (3) "Department" means the department of commerce and insurance; (4) "Domestic" designates those companies incorporated in this state; (5) "Foreign," when used without limitation, includes all companies formed by authority of any other state or government; (6) "Net assets" means the funds of an insurance company available for the payment of its obligations in this state, including uncollected and deferred premiums not more than three (3) months due on policies actually in force, after deducting from the funds all unpaid losses and claims, and claims for losses, and all other debts and liabilities, inclusive of policy liability and exclusive of capital; (7) "TennCare health benefit plan" has the same meaning as defined in § 71-5-171; and (8) "Unearned premiums," "reinsurance reserve," and "net value of policies" or "premium reserve," severally, mean the liability of an insurance company upon its insurance contracts, other than accrued claims computed by rules of valuation established by [former] § 56-1-402 [repealed], [former] § 56-1-403 [repealed], §§ 56-1-404 , 56-1-405 [see the Compiler's Notes]. Amended by 2024 Tenn. Acts, ch. 949,s 2, eff. 7/1/2024. Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; modified; T.C.A. (orig. ed.), § 56-102.
As used in this chapter and chapters 2-4, 7, 10 and 11 of this title, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Company" or "insurance company" includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance;
(3) "Department" means the department of commerce and insurance;
(4) "Domestic" designates those companies incorporated in this state;
(5) "Foreign," when used without limitation, includes all companies formed by authority of any other state or government;
(6) "Net assets" means the funds of an insurance company available for the payment of its obligations in this state, including uncollected and deferred premiums not more than three (3) months due on policies actually in force, after deducting from the funds all unpaid losses and claims, and claims for losses, and all other debts and liabilities, inclusive of policy liability and exclusive of capital;
(7) "TennCare health benefit plan" has the same meaning as defined in § 71-5-171; and
(8) "Unearned premiums," "reinsurance reserve," and "net value of policies" or "premium reserve," severally, mean the liability of an insurance company upon its insurance contracts, other than accrued claims computed by rules of valuation established by [former] § 56-1-402 [repealed], [former] § 56-1-403 [repealed], §§ 56-1-404 , 56-1-405 [see the Compiler's Notes].
Amended by 2024 Tenn. Acts, ch. 949,s 2, eff. 7/1/2024.
Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; modified; T.C.A. (orig. ed.), § 56-102.
Tenn. Code Ann. § 56-31-126 — TN Code / Title 56 / Chapter 31 / Section 56-31-126
Subscription contract - Form - Certificate furnished subscriber - Provisions
Status: in_force

(a) Every contract entered into by a vision service plan corporation with a subscriber shall be in writing, and a certificate stating the terms and conditions of the contract shall be furnished to the subscriber. No subscription certificate shall be issued unless it contains the following provisions, and any other applicable provisions that may be required by this chapter or other applicable laws of this state: (1) A statement of the amounts payable to the corporation by the subscribers and the times at which the amounts shall be paid; (2) A statement of the nature of the vision services to be paid for and the period during which the certificate is effective; and if there are any types of vision services to be excepted, with the approval of the commissioner, a detailed statement of the exceptions printed as specified in § 56-31-127 ; (3) A statement of the terms or conditions, if any, upon which the certificate may be cancelled or otherwise terminated at the option of either party; (4) A statement that the subscription and certificate constitute the contract between the corporation and the subscriber, and include the endorsements and attached papers, if any, and contain the entire contract; (5) A statement that no statement by the subscriber in an application for a certificate shall void the contract or be used in any legal proceedings under the contract, unless the application or an exact copy of the application is included in or attached to the certificate, and that no agent or representative of the corporation, other than an officer or officers designated in the certificate, is authorized to change the contract or waive any of its provisions; (6) A statement that if the subscriber defaults in making any payment under the certificate, the subsequent acceptance of a payment by the corporation or by its duly authorized agent shall reinstate the certificate, but the reinstatement shall not cover the costs of vision services incurred during the period of ten (10) days after date of the acceptance; (7) A statement of the period of grace that will be allowed a subscriber for making any payment due under the contract. The grace period shall not be less than ten (10) days during the first contract year, and thereafter shall not be less than thirty (30) days; (8) A statement authorizing vision service other than by participating optometrists in cases of emergency or when consented to by the vision service plan corporation, or when the subscriber requires vision services outside the county or counties or area served by the vision service plan corporation, in which case money benefits shall be provided as optional and as specified in the subscriber's contract and approved by the commissioner. The money benefits shall be so payable whether the vision service is performed by nonparticipating optometrists or by physicians. Otherwise, a statement that indemnity in the form of cash will not be paid to any subscriber except in reimbursements paid by the subscriber to an optometrist for which the corporation was liable at the time of the payment; and (9) Other statements that may be required by published regulations of the commissioner. (b) In lieu of the certificate referred to in subsection (a), the vision service plan corporation may furnish the subscriber with a descriptive brochure containing the provisions mentioned in subsection (a). Acts 1969, ch. 118, § 26; T.C.A., § 56-3726.
(a) Every contract entered into by a vision service plan corporation with a subscriber shall be in writing, and a certificate stating the terms and conditions of the contract shall be furnished to the subscriber. No subscription certificate shall be issued unless it contains the following provisions, and any other applicable provisions that may be required by this chapter or other applicable laws of this state: (1) A statement of the amounts payable to the corporation by the subscribers and the times at which the amounts shall be paid; (2) A statement of the nature of the vision services to be paid for and the period during which the certificate is effective; and if there are any types of vision services to be excepted, with the approval of the commissioner, a detailed statement of the exceptions printed as specified in § 56-31-127 ; (3) A statement of the terms or conditions, if any, upon which the certificate may be cancelled or otherwise terminated at the option of either party; (4) A statement that the subscription and certificate constitute the contract between the corporation and the subscriber, and include the endorsements and attached papers, if any, and contain the entire contract; (5) A statement that no statement by the subscriber in an application for a certificate shall void the contract or be used in any legal proceedings under the contract, unless the application or an exact copy of the application is included in or attached to the certificate, and that no agent or representative of the corporation, other than an officer or officers designated in the certificate, is authorized to change the contract or waive any of its provisions; (6) A statement that if the subscriber defaults in making any payment under the certificate, the subsequent acceptance of a payment by the corporation or by its duly authorized agent shall reinstate the certificate, but the reinstatement shall not cover the costs of vision services incurred during the period of ten (10) days after date of the acceptance; (7) A statement of the period of grace that will be allowed a subscriber for making any payment due under the contract. The grace period shall not be less than ten (10) days during the first contract year, and thereafter shall not be less than thirty (30) days; (8) A statement authorizing vision service other than by participating optometrists in cases of emergency or when consented to by the vision service plan corporation, or when the subscriber requires vision services outside the county or counties or area served by the vision service plan corporation, in which case money benefits shall be provided as optional and as specified in the subscriber's contract and approved by the commissioner. The money benefits shall be so payable whether the vision service is performed by nonparticipating optometrists or by physicians. Otherwise, a statement that indemnity in the form of cash will not be paid to any subscriber except in reimbursements paid by the subscriber to an optometrist for which the corporation was liable at the time of the payment; and (9) Other statements that may be required by published regulations of the commissioner.
(1) A statement of the amounts payable to the corporation by the subscribers and the times at which the amounts shall be paid;
(2) A statement of the nature of the vision services to be paid for and the period during which the certificate is effective; and if there are any types of vision services to be excepted, with the approval of the commissioner, a detailed statement of the exceptions printed as specified in § 56-31-127 ;
(3) A statement of the terms or conditions, if any, upon which the certificate may be cancelled or otherwise terminated at the option of either party;
(4) A statement that the subscription and certificate constitute the contract between the corporation and the subscriber, and include the endorsements and attached papers, if any, and contain the entire contract;
(5) A statement that no statement by the subscriber in an application for a certificate shall void the contract or be used in any legal proceedings under the contract, unless the application or an exact copy of the application is included in or attached to the certificate, and that no agent or representative of the corporation, other than an officer or officers designated in the certificate, is authorized to change the contract or waive any of its provisions;
(6) A statement that if the subscriber defaults in making any payment under the certificate, the subsequent acceptance of a payment by the corporation or by its duly authorized agent shall reinstate the certificate, but the reinstatement shall not cover the costs of vision services incurred during the period of ten (10) days after date of the acceptance;
(7) A statement of the period of grace that will be allowed a subscriber for making any payment due under the contract. The grace period shall not be less than ten (10) days during the first contract year, and thereafter shall not be less than thirty (30) days;
(8) A statement authorizing vision service other than by participating optometrists in cases of emergency or when consented to by the vision service plan corporation, or when the subscriber requires vision services outside the county or counties or area served by the vision service plan corporation, in which case money benefits shall be provided as optional and as specified in the subscriber's contract and approved by the commissioner. The money benefits shall be so payable whether the vision service is performed by nonparticipating optometrists or by physicians. Otherwise, a statement that indemnity in the form of cash will not be paid to any subscriber except in reimbursements paid by the subscriber to an optometrist for which the corporation was liable at the time of the payment; and
(9) Other statements that may be required by published regulations of the commissioner.
(b) In lieu of the certificate referred to in subsection (a), the vision service plan corporation may furnish the subscriber with a descriptive brochure containing the provisions mentioned in subsection (a).
Acts 1969, ch. 118, § 26; T.C.A., § 56-3726.
Tenn. Code Ann. § 56-1-207 — TN Code / Title 56 / Chapter 1 / Section 56-1-207
Employment of actuaries by commissioner - Duties - Compensation
Status: in_force

(a) The commissioner is authorized to employ not more than three (3) actuaries, the qualifications of whom shall be acceptable to the commissioner, together with assistants deemed necessary by the commissioner for efficient administration of duties assigned to the actuaries. The commissioner shall assign the duties to be performed by the actuaries and assistants for the department. (b) The commissioner shall fix the compensation of the actuaries and assistants employed pursuant to this section and shall provide for the payment of expenses incurred by the actuaries and assistants while engaged in the performance of the duties assigned; provided, that any salary or per diem compensation shall not exceed a reasonable amount commensurate with usual compensation for like services, and the allowances of expenses shall not exceed the actual expenses incurred. Acts 1943, ch. 97, § 1; C. Supp. 1950, § 6459.40 (Williams, § 6459.43); Acts 1961, ch. 31, § 1; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-110.
(a) The commissioner is authorized to employ not more than three (3) actuaries, the qualifications of whom shall be acceptable to the commissioner, together with assistants deemed necessary by the commissioner for efficient administration of duties assigned to the actuaries. The commissioner shall assign the duties to be performed by the actuaries and assistants for the department.
(b) The commissioner shall fix the compensation of the actuaries and assistants employed pursuant to this section and shall provide for the payment of expenses incurred by the actuaries and assistants while engaged in the performance of the duties assigned; provided, that any salary or per diem compensation shall not exceed a reasonable amount commensurate with usual compensation for like services, and the allowances of expenses shall not exceed the actual expenses incurred.
Acts 1943, ch. 97, § 1; C. Supp. 1950, § 6459.40 (Williams, § 6459.43); Acts 1961, ch. 31, § 1; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-110.
Tenn. Code Ann. § 56-25-502 — TN Code / Title 56 / Chapter 25 / Section 56-25-502
Management of assets
Status: in_force

(a) All assets shall be held, invested and disbursed for the use and the benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract. (b) A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of the society. (c) A society may, pursuant to resolution of its supreme governing body, establish and operate one (1) or more separate accounts and issue contracts on a variable basis, subject to law regulating life insurers establishing the accounts and issuing the contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account; may, for persons having beneficial interest therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and may issue contracts on a variable basis to which § 56-25-404(b) and (d) shall not apply. Acts 1990, ch. 703, § 1.
(a) All assets shall be held, invested and disbursed for the use and the benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
(b) A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of the society.
(c) A society may, pursuant to resolution of its supreme governing body, establish and operate one (1) or more separate accounts and issue contracts on a variable basis, subject to law regulating life insurers establishing the accounts and issuing the contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account; may, for persons having beneficial interest therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and may issue contracts on a variable basis to which § 56-25-404(b) and (d) shall not apply.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-7-3111 — TN Code / Title 56 / Chapter 7 / Section 56-7-3111
Disclosure of maximum allowable cost lists and related information
Status: in_force

A pharmacy shall not disclose to any third party the maximum allowable cost lists and any related information it receives from a pharmacy benefits manager or covered entity; provided, however, a pharmacy may share such lists and related information with a pharmacy services administrative organization or similar entity with which the pharmacy has a contract to provide administrative services for that pharmacy. If a pharmacy shares this information with a pharmacy services administrative organization or similar entity, that organization or entity shall not disclose the information to any third party. Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
A pharmacy shall not disclose to any third party the maximum allowable cost lists and any related information it receives from a pharmacy benefits manager or covered entity; provided, however, a pharmacy may share such lists and related information with a pharmacy services administrative organization or similar entity with which the pharmacy has a contract to provide administrative services for that pharmacy. If a pharmacy shares this information with a pharmacy services administrative organization or similar entity, that organization or entity shall not disclose the information to any third party.
Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
Tenn. Code Ann. § 56-5-119 — TN Code / Title 56 / Chapter 5 / Section 56-5-119
System intended to provide stable insurance market
Status: in_force

It is the intent of the general assembly that the advisory prospective loss costs system for workers' compensation insurance be implemented with the goal of providing long-term stability in the workers' compensation insurance market. Acts 1996, ch. 944, § 31.
It is the intent of the general assembly that the advisory prospective loss costs system for workers' compensation insurance be implemented with the goal of providing long-term stability in the workers' compensation insurance market.
Acts 1996, ch. 944, § 31.
Tenn. Code Ann. § 56-7-2807 — TN Code / Title 56 / Chapter 7 / Section 56-7-2807
Exclusion of certain plans
Status: in_force

(a) Limitation on application of provisions relating to group health plans. (1) The requirements of this part shall apply with respect to group health plans only: (A) Subject to subdivision (a)(2), in the case of a plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan, including a plan that is a church plan or a governmental plan. (2) Treatment of nonfederal governmental plans. (A) If the plan sponsor of a nonfederal governmental plan that is a group health plan to which this part otherwise applies makes an election under this subdivision (a)(2)(A) pursuant to regulations to be promulgated by the secretary of health and human services, then the requirements of this part insofar as it applies directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for the period except as provided in this subdivision (a)(2)(A). (B) An election under subdivision (a)(2)(A) shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (a)(2)(B)(i) may be extended through subsequent elections under this subdivision (a)(2)(B)(ii). (C) Under such an election, the plan shall provide for: (i) Notice to enrollees, on an annual basis and at the time of enrollment under the plan, of the fact and consequences of the election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees. (b) Exception for Certain Benefits. The requirements of this part shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits. (c) Exception for Certain Benefits if Certain Conditions Met. (1) Limited, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits, if the benefits: (A) Are provided under a separate policy, certificate or contract of insurance; or (B) Are otherwise not an integral part of the plan. (2) Noncoordinated, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same plan sponsor. (3) Supplemental Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage in relation to its provision of excepted benefits, if the benefits are provided under a separate policy, certificate or contract of insurance. (d) Treatment of Partnerships. For purposes of this part: (1) Any plan, fund, or program that would not be, but for this subsection (d), an employee welfare benefit plan and that is established or maintained by a partnership, to the extent that the plan, fund, or program provides medical care, including items and services paid for as medical care, to present or former partners in the partnership or to their dependents, as defined under the terms of the plan, fund, or program, directly or through insurance, reimbursement, or otherwise, shall be treated, subject to subdivision (d)(2), as an employee welfare benefit plan that is a group health plan; (2) In the case of a group health plan, "employer" also includes the partnership in relation to any partner; and (3) Participants of Group Health Plans. In the case of a group health plan, "participant" also includes: (A) In connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership; or (B) In connection with a group health plan maintained by a self-employed individual, under which one (1) or more employees are participants, the self-employed individual, if such individual is, or may become, eligible to receive a benefit under the plan or the individual's beneficiaries may be eligible to receive any such benefit. Acts 1997, ch. 157, § 8.
(a) Limitation on application of provisions relating to group health plans. (1) The requirements of this part shall apply with respect to group health plans only: (A) Subject to subdivision (a)(2), in the case of a plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan, including a plan that is a church plan or a governmental plan. (2) Treatment of nonfederal governmental plans. (A) If the plan sponsor of a nonfederal governmental plan that is a group health plan to which this part otherwise applies makes an election under this subdivision (a)(2)(A) pursuant to regulations to be promulgated by the secretary of health and human services, then the requirements of this part insofar as it applies directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for the period except as provided in this subdivision (a)(2)(A). (B) An election under subdivision (a)(2)(A) shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (a)(2)(B)(i) may be extended through subsequent elections under this subdivision (a)(2)(B)(ii). (C) Under such an election, the plan shall provide for: (i) Notice to enrollees, on an annual basis and at the time of enrollment under the plan, of the fact and consequences of the election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees.
(1) The requirements of this part shall apply with respect to group health plans only: (A) Subject to subdivision (a)(2), in the case of a plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan, including a plan that is a church plan or a governmental plan.
(A) Subject to subdivision (a)(2), in the case of a plan that is a nonfederal governmental plan; and
(B) With respect to health insurance coverage offered in connection with a group health plan, including a plan that is a church plan or a governmental plan.
(2) Treatment of nonfederal governmental plans. (A) If the plan sponsor of a nonfederal governmental plan that is a group health plan to which this part otherwise applies makes an election under this subdivision (a)(2)(A) pursuant to regulations to be promulgated by the secretary of health and human services, then the requirements of this part insofar as it applies directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for the period except as provided in this subdivision (a)(2)(A). (B) An election under subdivision (a)(2)(A) shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (a)(2)(B)(i) may be extended through subsequent elections under this subdivision (a)(2)(B)(ii). (C) Under such an election, the plan shall provide for: (i) Notice to enrollees, on an annual basis and at the time of enrollment under the plan, of the fact and consequences of the election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees.
(A) If the plan sponsor of a nonfederal governmental plan that is a group health plan to which this part otherwise applies makes an election under this subdivision (a)(2)(A) pursuant to regulations to be promulgated by the secretary of health and human services, then the requirements of this part insofar as it applies directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for the period except as provided in this subdivision (a)(2)(A).
(B) An election under subdivision (a)(2)(A) shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (a)(2)(B)(i) may be extended through subsequent elections under this subdivision (a)(2)(B)(ii).
(i) For a single specified plan year; or
(ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (a)(2)(B)(i) may be extended through subsequent elections under this subdivision (a)(2)(B)(ii).
(C) Under such an election, the plan shall provide for: (i) Notice to enrollees, on an annual basis and at the time of enrollment under the plan, of the fact and consequences of the election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees.
(i) Notice to enrollees, on an annual basis and at the time of enrollment under the plan, of the fact and consequences of the election; and
(ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees.
(b) Exception for Certain Benefits. The requirements of this part shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits.
(c) Exception for Certain Benefits if Certain Conditions Met. (1) Limited, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits, if the benefits: (A) Are provided under a separate policy, certificate or contract of insurance; or (B) Are otherwise not an integral part of the plan. (2) Noncoordinated, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same plan sponsor. (3) Supplemental Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage in relation to its provision of excepted benefits, if the benefits are provided under a separate policy, certificate or contract of insurance.
(1) Limited, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits, if the benefits: (A) Are provided under a separate policy, certificate or contract of insurance; or (B) Are otherwise not an integral part of the plan.
(A) Are provided under a separate policy, certificate or contract of insurance; or
(B) Are otherwise not an integral part of the plan.
(2) Noncoordinated, Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same plan sponsor.
(A) The benefits are provided under a separate policy, certificate, or contract of insurance;
(B) There is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and
(C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to the event under any group health plan maintained by the same plan sponsor.
(3) Supplemental Excepted Benefits. The requirements of this part shall not apply to any group health plan and group health insurance coverage in relation to its provision of excepted benefits, if the benefits are provided under a separate policy, certificate or contract of insurance.
(d) Treatment of Partnerships. For purposes of this part: (1) Any plan, fund, or program that would not be, but for this subsection (d), an employee welfare benefit plan and that is established or maintained by a partnership, to the extent that the plan, fund, or program provides medical care, including items and services paid for as medical care, to present or former partners in the partnership or to their dependents, as defined under the terms of the plan, fund, or program, directly or through insurance, reimbursement, or otherwise, shall be treated, subject to subdivision (d)(2), as an employee welfare benefit plan that is a group health plan; (2) In the case of a group health plan, "employer" also includes the partnership in relation to any partner; and (3) Participants of Group Health Plans. In the case of a group health plan, "participant" also includes: (A) In connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership; or (B) In connection with a group health plan maintained by a self-employed individual, under which one (1) or more employees are participants, the self-employed individual, if such individual is, or may become, eligible to receive a benefit under the plan or the individual's beneficiaries may be eligible to receive any such benefit.
(1) Any plan, fund, or program that would not be, but for this subsection (d), an employee welfare benefit plan and that is established or maintained by a partnership, to the extent that the plan, fund, or program provides medical care, including items and services paid for as medical care, to present or former partners in the partnership or to their dependents, as defined under the terms of the plan, fund, or program, directly or through insurance, reimbursement, or otherwise, shall be treated, subject to subdivision (d)(2), as an employee welfare benefit plan that is a group health plan;
(2) In the case of a group health plan, "employer" also includes the partnership in relation to any partner; and
(3) Participants of Group Health Plans. In the case of a group health plan, "participant" also includes: (A) In connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership; or (B) In connection with a group health plan maintained by a self-employed individual, under which one (1) or more employees are participants, the self-employed individual, if such individual is, or may become, eligible to receive a benefit under the plan or the individual's beneficiaries may be eligible to receive any such benefit.
(A) In connection with a group health plan maintained by a partnership, an individual who is a partner in relation to the partnership; or
(B) In connection with a group health plan maintained by a self-employed individual, under which one (1) or more employees are participants, the self-employed individual, if such individual is, or may become, eligible to receive a benefit under the plan or the individual's beneficiaries may be eligible to receive any such benefit.
Acts 1997, ch. 157, § 8.
Tenn. Code Ann. § 56-7-2804 — TN Code / Title 56 / Chapter 7 / Section 56-7-2804
Rules for eligibility - Factors not to be considered
Status: in_force

(a) (1) Subject to subdivision (a)(2), a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not establish rules for eligibility, including continued eligibility, of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability, including conditions arising out of acts of domestic violence; or (H) Disability. (2) To the extent consistent with other sections of this part, subdivision (a)(1) shall not be construed to: (A) Require a group health plan, or group health insurance coverage, to provide particular benefits other than those provided under the terms of the plan or coverage; or (B) Prevent the plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage. (3) For purposes of subdivision (a)(1), rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for enrollment. (b) (1) A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual. (2) Nothing in subdivision (b)(1) shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention. Acts 1997, ch. 157, § 5.
(a) (1) Subject to subdivision (a)(2), a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not establish rules for eligibility, including continued eligibility, of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability, including conditions arising out of acts of domestic violence; or (H) Disability. (2) To the extent consistent with other sections of this part, subdivision (a)(1) shall not be construed to: (A) Require a group health plan, or group health insurance coverage, to provide particular benefits other than those provided under the terms of the plan or coverage; or (B) Prevent the plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage. (3) For purposes of subdivision (a)(1), rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for enrollment.
(1) Subject to subdivision (a)(2), a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not establish rules for eligibility, including continued eligibility, of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability, including conditions arising out of acts of domestic violence; or (H) Disability.
(A) Health status;
(B) Medical condition, including both physical and mental illnesses;
(C) Claims experience;
(D) Receipt of health care;
(E) Medical history;
(F) Genetic information;
(G) Evidence of insurability, including conditions arising out of acts of domestic violence; or
(H) Disability.
(2) To the extent consistent with other sections of this part, subdivision (a)(1) shall not be construed to: (A) Require a group health plan, or group health insurance coverage, to provide particular benefits other than those provided under the terms of the plan or coverage; or (B) Prevent the plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage.
(A) Require a group health plan, or group health insurance coverage, to provide particular benefits other than those provided under the terms of the plan or coverage; or
(B) Prevent the plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage.
(3) For purposes of subdivision (a)(1), rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for enrollment.
(b) (1) A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual. (2) Nothing in subdivision (b)(1) shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
(1) A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual.
(2) Nothing in subdivision (b)(1) shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
(A) Restrict the amount that an employer may be charged for coverage under a group health plan; or
(B) Prevent a group health plan, and a health insurance issuer offering group health insurance coverage, from establishing premium discounts or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
Acts 1997, ch. 157, § 5.
Tenn. Code Ann. § 56-36-103 — TN Code / Title 56 / Chapter 36 / Section 56-36-103
Nonforfeiture requirements
Status: in_force

(a) In the case of contracts issued on or after March 12, 2004, no contract of annuity, except as stated in § 56-36-102 , shall be delivered or issued for delivery in this state unless it contains in substance the following provisions, or corresponding provisions, which in the opinion of the commissioner are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract: (1) That upon cessation of payment of considerations under a contract, or upon the written request of the contract owner, the company shall grant a paid-up annuity benefit on a plan stipulated in the contract of the value as is specified in §§ 56-36-105 - 56-36-108 and 56-36-110; (2) If a contract provides for a lump sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company shall pay in lieu of any paid-up annuity benefit a cash surrender benefit of the amount as is specified in §§ 56-36-105 , 56-36-106 , 56-36-108 , and 56-36-110 . The company may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability to all policyholders of the deferral; (3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and (4) A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which the benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract, or any prior withdrawals from or partial surrenders of the contract. (b) Notwithstanding the requirements of this section, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two (2) full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid prior to the period would be less than twenty dollars ($20.00) monthly, the company may at its option terminate the contract by payment in cash of the then present value of the portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under the contract. Acts 1978, ch. 590, § 3; T.C.A., § 56-4603; Acts 2004, ch. 439, § 1.
(a) In the case of contracts issued on or after March 12, 2004, no contract of annuity, except as stated in § 56-36-102 , shall be delivered or issued for delivery in this state unless it contains in substance the following provisions, or corresponding provisions, which in the opinion of the commissioner are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract: (1) That upon cessation of payment of considerations under a contract, or upon the written request of the contract owner, the company shall grant a paid-up annuity benefit on a plan stipulated in the contract of the value as is specified in §§ 56-36-105 - 56-36-108 and 56-36-110; (2) If a contract provides for a lump sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company shall pay in lieu of any paid-up annuity benefit a cash surrender benefit of the amount as is specified in §§ 56-36-105 , 56-36-106 , 56-36-108 , and 56-36-110 . The company may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability to all policyholders of the deferral; (3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and (4) A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which the benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract, or any prior withdrawals from or partial surrenders of the contract.
(1) That upon cessation of payment of considerations under a contract, or upon the written request of the contract owner, the company shall grant a paid-up annuity benefit on a plan stipulated in the contract of the value as is specified in §§ 56-36-105 - 56-36-108 and 56-36-110;
(2) If a contract provides for a lump sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company shall pay in lieu of any paid-up annuity benefit a cash surrender benefit of the amount as is specified in §§ 56-36-105 , 56-36-106 , 56-36-108 , and 56-36-110 . The company may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability to all policyholders of the deferral;
(3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and
(4) A statement that any paid-up annuity, cash surrender or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which the benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract, or any prior withdrawals from or partial surrenders of the contract.
(b) Notwithstanding the requirements of this section, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two (2) full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid prior to the period would be less than twenty dollars ($20.00) monthly, the company may at its option terminate the contract by payment in cash of the then present value of the portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under the contract.
Acts 1978, ch. 590, § 3; T.C.A., § 56-4603; Acts 2004, ch. 439, § 1.
Tenn. Code Ann. § 56-2-601 — TN Code / Title 56 / Chapter 2 / Section 56-2-601
Short title
Status: in_force

This part shall be known and may be cited as the "Unauthorized Insurers Process Act." Acts 1955, ch. 2, § 6; T.C.A., §§ 56-327, 56-246.
This part shall be known and may be cited as the "Unauthorized Insurers Process Act."
Acts 1955, ch. 2, § 6; T.C.A., §§ 56-327, 56-246.
Tenn. Code Ann. § 56-35-111 — TN Code / Title 56 / Chapter 35 / Section 56-35-111
Companies to file rates - Disapproval of rates by commissioner - Hearing
Status: in_force

(a) Every title insurance company shall file with the commissioner its schedules of rates and every modification of any rate that it proposes to use in this state. The schedule of rates and every modification of rates shall be filed by a rating organization meeting the qualifications set forth in § 56-35-132 unless an insurer files its own rates. (b) No title insurance company, agency, or agent shall charge any rate for any policy or contract of title insurance except in accordance with filings or rates that are in effect for the title insurance company as provided in this part. (c) The filing shall state the proposed effective date of rates, shall indicate the character and extent of the coverage contemplated, and shall be in the manner, form and detail as may be prescribed by the commissioner. (d) (1) The commissioner shall within sixty (60) days after the receipt of any filing disapprove any rate the commissioner determines to be unfair, unjust or unfairly discriminatory. (2) Any rate filed may be used or charged after the expiration of sixty (60) days from the date it has been so filed, unless the commissioner has issued notice of the commissioner's prior written disapproval thereto within that period. (3) The notice of written disapproval shall specify the reasons therefor and shall state that a hearing will be granted within twenty (20) days after request in writing by the insurer or rating organization. In the conduct of the hearing, the commissioner or any regularly salaried employee specially designated by the commissioner for such purpose has the power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records or papers relevant to the inquiry upon the commissioner's or other employee's own initiative or upon the request of any interested insurer or rating organization. Acts 1980, ch. 857, § 14; 1983, ch. 139, §§ 1, 5.
(a) Every title insurance company shall file with the commissioner its schedules of rates and every modification of any rate that it proposes to use in this state. The schedule of rates and every modification of rates shall be filed by a rating organization meeting the qualifications set forth in § 56-35-132 unless an insurer files its own rates.
(b) No title insurance company, agency, or agent shall charge any rate for any policy or contract of title insurance except in accordance with filings or rates that are in effect for the title insurance company as provided in this part.
(c) The filing shall state the proposed effective date of rates, shall indicate the character and extent of the coverage contemplated, and shall be in the manner, form and detail as may be prescribed by the commissioner.
(d) (1) The commissioner shall within sixty (60) days after the receipt of any filing disapprove any rate the commissioner determines to be unfair, unjust or unfairly discriminatory. (2) Any rate filed may be used or charged after the expiration of sixty (60) days from the date it has been so filed, unless the commissioner has issued notice of the commissioner's prior written disapproval thereto within that period. (3) The notice of written disapproval shall specify the reasons therefor and shall state that a hearing will be granted within twenty (20) days after request in writing by the insurer or rating organization. In the conduct of the hearing, the commissioner or any regularly salaried employee specially designated by the commissioner for such purpose has the power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records or papers relevant to the inquiry upon the commissioner's or other employee's own initiative or upon the request of any interested insurer or rating organization.
(1) The commissioner shall within sixty (60) days after the receipt of any filing disapprove any rate the commissioner determines to be unfair, unjust or unfairly discriminatory.
(2) Any rate filed may be used or charged after the expiration of sixty (60) days from the date it has been so filed, unless the commissioner has issued notice of the commissioner's prior written disapproval thereto within that period.
(3) The notice of written disapproval shall specify the reasons therefor and shall state that a hearing will be granted within twenty (20) days after request in writing by the insurer or rating organization. In the conduct of the hearing, the commissioner or any regularly salaried employee specially designated by the commissioner for such purpose has the power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records or papers relevant to the inquiry upon the commissioner's or other employee's own initiative or upon the request of any interested insurer or rating organization.
Acts 1980, ch. 857, § 14; 1983, ch. 139, §§ 1, 5.
Tenn. Code Ann. § 56-7-2308 — TN Code / Title 56 / Chapter 7 / Section 56-7-2308
Provisions and conditions prohibited in life insurance policies
Status: in_force

No policy of life insurance in a form other than as prescribed in § 56-7-2307 shall be issued or delivered in this state, or be issued by a life insurance company organized under the laws of this state, if it contains any of the following: (1) Forfeiture of Policy for Failure to Repay Loans; Proposed Benefits Not Strictly Insurance. A provision for forfeiture of the policy for failure to repay any loan on the policy or to pay interest on the loan while the total indebtedness on the policy is less than the loan value of the policy, or any provisions for forfeiture for failure to repay the loan or to pay interest on the loan, unless the provision contains a stipulation that no forfeiture shall occur until at least one (1) month after notice has been mailed by the company to the last known address of the insured and of the assignee, if any, or a provision contemplating any proposed benefit not essentially a part of the insurance contract or any connection of the assured with the company other than that of policyholder; (2) Limitation of Time of Commencement of Action to Less Than Five (5) Years. A provision limiting the time within which any action at law or in equity may be commenced to less than five (5) years after the cause of action accrues; (3) Policy Taking Effect Before Application Made. A provision by which the policy purports to be issued or to take effect as of a date more than six (6) months before the application for the policy was made, if thereby the premium on the policy or contract is reduced below the premium that would be payable on the policy as determined by the nearest birthday or the last birthday of the insured at the time when the application was made; provided, that nothing contained in this subdivision (3) shall invalidate any contract made in violation of this subdivision (3). This subdivision (3) shall not apply to any policy issued under a plan or trust having qualified status under subchapter D, part I, subtitle A of the Internal Revenue Code of 1954 ( 26 U.S.C. § 401 et seq.), nor under § 501(a) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(a) ). This subdivision (3) shall not be construed to prohibit the exchange, alteration or conversion of policies of life insurance as of the original date of the policies, if the amount of insurance provided under the new policy does not exceed the amount of insurance under the original policy, or the amount of insurance that the premium paid for the original policy would have purchased if the new policy had been originally applied for, whichever is greater; nor to prohibit the exercise of any conversion privilege contained in any policy or contract; (4) Settlement at Maturity of Less Than Value of Policy. A provision for any mode of settlement at maturity of less value than the amount insured by the policy, plus dividend additions, if any, less any indebtedness to the company on the policy and less any premium that may by the terms of the policy be deducted, payments to be made in accordance with the terms of the policy; or (5) Limitations or Exceptions of Risks. (A) A provision that certain named causes of death are excepted from the policy and are not assumed by the insurer; provided, that the following causes of death may be excepted by a provision in the policy: (i) Suicide committed, while sane or insane, within two (2) years from the date of issue of the policy; (ii) Death as a direct result of service in the military, naval or air forces, in time of war, including any ambulance, medical, hospital or civilian noncombatant unit serving actively with the military, naval or air forces; (iii) Death resulting from injuries received while engaging in any aerial flight, except as a fare-paying passenger on a regularly scheduled flight of a duly licensed airline on an established air route; or (iv) Death within two (2) years from date of issue of the policy as a result of a specified perilous or extra hazardous occupation or occupations; (B) Nothing in this subdivision (5) shall apply to any provision in a life insurance policy for additional benefits in the event of death by accident or accidental means; (C) Nothing in this subdivision (5) shall be construed to prohibit a provision in a policy that, in the event of death within two (2) years of the date of issue, would place a limitation or condition upon the coverage or liability in the policy because of a condition that exists, or has existed, or any event that has occurred, prior to or at the time of the delivery of the policy; and provided, further, that the condition or event was material to the risk to be assumed under the terms of the policy; provided, that the policy shall not be affected because of any condition or event that was disclosed in a written application for the policy; (D) This subdivision (5) shall apply only to policies issued for delivery in this state; and (E) Instead of any provision permitted under subdivisions (5)(A)(i)-(iv) or (5)(C), a policy may contain any provision or provisions that, in the opinion of the commissioner, are substantially the same or more favorable to the policyholder. This subdivision (5) shall apply to all life insurance policies, including industrial policies. Acts 1907, ch. 457, § 2; Shan., § 3348a9; Code 1932, § 6180; Acts 1947, ch. 151, § 1; C. Supp. 1950, § 6180; Acts 1976, ch. 417, § 4; T.C.A. (orig. ed.), § 56-1112; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-302.
No policy of life insurance in a form other than as prescribed in § 56-7-2307 shall be issued or delivered in this state, or be issued by a life insurance company organized under the laws of this state, if it contains any of the following:
(1) Forfeiture of Policy for Failure to Repay Loans; Proposed Benefits Not Strictly Insurance. A provision for forfeiture of the policy for failure to repay any loan on the policy or to pay interest on the loan while the total indebtedness on the policy is less than the loan value of the policy, or any provisions for forfeiture for failure to repay the loan or to pay interest on the loan, unless the provision contains a stipulation that no forfeiture shall occur until at least one (1) month after notice has been mailed by the company to the last known address of the insured and of the assignee, if any, or a provision contemplating any proposed benefit not essentially a part of the insurance contract or any connection of the assured with the company other than that of policyholder;
(2) Limitation of Time of Commencement of Action to Less Than Five (5) Years. A provision limiting the time within which any action at law or in equity may be commenced to less than five (5) years after the cause of action accrues;
(3) Policy Taking Effect Before Application Made. A provision by which the policy purports to be issued or to take effect as of a date more than six (6) months before the application for the policy was made, if thereby the premium on the policy or contract is reduced below the premium that would be payable on the policy as determined by the nearest birthday or the last birthday of the insured at the time when the application was made; provided, that nothing contained in this subdivision (3) shall invalidate any contract made in violation of this subdivision (3). This subdivision (3) shall not apply to any policy issued under a plan or trust having qualified status under subchapter D, part I, subtitle A of the Internal Revenue Code of 1954 ( 26 U.S.C. § 401 et seq.), nor under § 501(a) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(a) ). This subdivision (3) shall not be construed to prohibit the exchange, alteration or conversion of policies of life insurance as of the original date of the policies, if the amount of insurance provided under the new policy does not exceed the amount of insurance under the original policy, or the amount of insurance that the premium paid for the original policy would have purchased if the new policy had been originally applied for, whichever is greater; nor to prohibit the exercise of any conversion privilege contained in any policy or contract;
(4) Settlement at Maturity of Less Than Value of Policy. A provision for any mode of settlement at maturity of less value than the amount insured by the policy, plus dividend additions, if any, less any indebtedness to the company on the policy and less any premium that may by the terms of the policy be deducted, payments to be made in accordance with the terms of the policy; or
(5) Limitations or Exceptions of Risks. (A) A provision that certain named causes of death are excepted from the policy and are not assumed by the insurer; provided, that the following causes of death may be excepted by a provision in the policy: (i) Suicide committed, while sane or insane, within two (2) years from the date of issue of the policy; (ii) Death as a direct result of service in the military, naval or air forces, in time of war, including any ambulance, medical, hospital or civilian noncombatant unit serving actively with the military, naval or air forces; (iii) Death resulting from injuries received while engaging in any aerial flight, except as a fare-paying passenger on a regularly scheduled flight of a duly licensed airline on an established air route; or (iv) Death within two (2) years from date of issue of the policy as a result of a specified perilous or extra hazardous occupation or occupations; (B) Nothing in this subdivision (5) shall apply to any provision in a life insurance policy for additional benefits in the event of death by accident or accidental means; (C) Nothing in this subdivision (5) shall be construed to prohibit a provision in a policy that, in the event of death within two (2) years of the date of issue, would place a limitation or condition upon the coverage or liability in the policy because of a condition that exists, or has existed, or any event that has occurred, prior to or at the time of the delivery of the policy; and provided, further, that the condition or event was material to the risk to be assumed under the terms of the policy; provided, that the policy shall not be affected because of any condition or event that was disclosed in a written application for the policy; (D) This subdivision (5) shall apply only to policies issued for delivery in this state; and (E) Instead of any provision permitted under subdivisions (5)(A)(i)-(iv) or (5)(C), a policy may contain any provision or provisions that, in the opinion of the commissioner, are substantially the same or more favorable to the policyholder. This subdivision (5) shall apply to all life insurance policies, including industrial policies.
(A) A provision that certain named causes of death are excepted from the policy and are not assumed by the insurer; provided, that the following causes of death may be excepted by a provision in the policy: (i) Suicide committed, while sane or insane, within two (2) years from the date of issue of the policy; (ii) Death as a direct result of service in the military, naval or air forces, in time of war, including any ambulance, medical, hospital or civilian noncombatant unit serving actively with the military, naval or air forces; (iii) Death resulting from injuries received while engaging in any aerial flight, except as a fare-paying passenger on a regularly scheduled flight of a duly licensed airline on an established air route; or (iv) Death within two (2) years from date of issue of the policy as a result of a specified perilous or extra hazardous occupation or occupations;
(i) Suicide committed, while sane or insane, within two (2) years from the date of issue of the policy;
(ii) Death as a direct result of service in the military, naval or air forces, in time of war, including any ambulance, medical, hospital or civilian noncombatant unit serving actively with the military, naval or air forces;
(iii) Death resulting from injuries received while engaging in any aerial flight, except as a fare-paying passenger on a regularly scheduled flight of a duly licensed airline on an established air route; or
(iv) Death within two (2) years from date of issue of the policy as a result of a specified perilous or extra hazardous occupation or occupations;
(B) Nothing in this subdivision (5) shall apply to any provision in a life insurance policy for additional benefits in the event of death by accident or accidental means;
(C) Nothing in this subdivision (5) shall be construed to prohibit a provision in a policy that, in the event of death within two (2) years of the date of issue, would place a limitation or condition upon the coverage or liability in the policy because of a condition that exists, or has existed, or any event that has occurred, prior to or at the time of the delivery of the policy; and provided, further, that the condition or event was material to the risk to be assumed under the terms of the policy; provided, that the policy shall not be affected because of any condition or event that was disclosed in a written application for the policy;
(D) This subdivision (5) shall apply only to policies issued for delivery in this state; and
(E) Instead of any provision permitted under subdivisions (5)(A)(i)-(iv) or (5)(C), a policy may contain any provision or provisions that, in the opinion of the commissioner, are substantially the same or more favorable to the policyholder. This subdivision (5) shall apply to all life insurance policies, including industrial policies.
Acts 1907, ch. 457, § 2; Shan., § 3348a9; Code 1932, § 6180; Acts 1947, ch. 151, § 1; C. Supp. 1950, § 6180; Acts 1976, ch. 417, § 4; T.C.A. (orig. ed.), § 56-1112; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-302.
Tenn. Code Ann. § 56-3-304 — TN Code / Title 56 / Chapter 3 / Section 56-3-304
Foreign investments
Status: in_force

(a) Domestic life insurance companies may, directly or indirectly through an investment affiliate, invest in investments and enter into transactions in Canada that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-303(a) ; but the aggregate amount of the investments and transactions that are held at any time by the company shall not exceed ten percent (10%) of its admitted assets, except where a greater amount is permitted pursuant to subsection (b), in which case, this subsection (a) shall not be applicable. (b) Any domestic life insurance company that is authorized to do business in a foreign country or that has outstanding insurance, annuity or reinsurance contracts on lives or risks resident or located in a foreign country may invest in investments and enter into transactions in the foreign country that are substantially of the same kinds, classes and investment grades as those authorized under § 56-3-303(a) ; but the aggregate amount of the investments and transactions in a foreign country and of cash in the currency of the country that is at any time held by the company shall not, except as provided in subsection (a), exceed one and one half (1.5) times the amount of its reserves and other obligations under the contracts or the amount which the company is required by law to invest in the country, whichever is greater. (c) In addition to the foreign investments authorized under subsections (a) and (b), any domestic life insurance company may, directly or indirectly through an investment affiliate, invest in investments and enter into transactions in foreign jurisdictions that are substantially of the same kinds, classes and investment grades as those authorized under § 56-3-303(a) ; but the aggregate amount of the investments made and transactions entered into pursuant to this subsection (c) shall not exceed the lesser of five percent (5%) of its admitted assets or the amount by which the capital and surplus of the company exceeds the minimum capital and surplus required for the kind or kinds of insurance the company is authorized to transact in this state. (d) The commissioner may approve a plan for an insurer to make foreign investments and enter into foreign transactions not to exceed an additional fifteen percent (15%) of its admitted assets, if the commissioner determines that the plan contains adequate quality and diversification standards. (e) Investments and transactions authorized under subsections (a)-(d) shall be subject to the limitations on investments in and transactions with any one (1) issuing business entity, or as to asset-backed securities, secured by or evidencing an interest in a single asset or pool of assets, set forth in § 56-3-303(a)(3), (4), (16), (18) and (19) and to the limitations on the aggregate amount of any insurance company's investments and transactions under § 56-3-303(a)(3), (4), (10), (14) -(16), (18), (20) and (23). (f) No more than ten percent (10%) of the insurer's admitted assets may be in foreign investments and transactions made under subsections (c) and (d) in the aggregate that are denominated in foreign currency that are not hedged pursuant to § 56-3-303(a)(21) . Acts 1907, ch. 458, § 2; Shan., § 3348a29; Code 1932, § 6204; Acts 1935, ch. 105, § 1; 1937, ch. 76, § 1; 1939, ch. 121, § 1; 1945, ch. 106, §§ 1, 2; 1947, ch. 120, § 1; C. Supp. 1950, § 6204; Acts 1951, ch. 77, § 1; T.C.A. (orig. ed.), § 56-217; Acts 1961, ch. 224, § 1; 1961, ch. 229, § 1; 1965, ch. 63, § 1; modified; T.C.A., § 56-306; Acts 1986, ch. 527, § 1; 1995, ch. 363, § 15; 1998, ch. 678, § 2.
(a) Domestic life insurance companies may, directly or indirectly through an investment affiliate, invest in investments and enter into transactions in Canada that are substantially of the same kinds, classes and investment grades as those eligible for investment under § 56-3-303(a) ; but the aggregate amount of the investments and transactions that are held at any time by the company shall not exceed ten percent (10%) of its admitted assets, except where a greater amount is permitted pursuant to subsection (b), in which case, this subsection (a) shall not be applicable.
(b) Any domestic life insurance company that is authorized to do business in a foreign country or that has outstanding insurance, annuity or reinsurance contracts on lives or risks resident or located in a foreign country may invest in investments and enter into transactions in the foreign country that are substantially of the same kinds, classes and investment grades as those authorized under § 56-3-303(a) ; but the aggregate amount of the investments and transactions in a foreign country and of cash in the currency of the country that is at any time held by the company shall not, except as provided in subsection (a), exceed one and one half (1.5) times the amount of its reserves and other obligations under the contracts or the amount which the company is required by law to invest in the country, whichever is greater.
(c) In addition to the foreign investments authorized under subsections (a) and (b), any domestic life insurance company may, directly or indirectly through an investment affiliate, invest in investments and enter into transactions in foreign jurisdictions that are substantially of the same kinds, classes and investment grades as those authorized under § 56-3-303(a) ; but the aggregate amount of the investments made and transactions entered into pursuant to this subsection (c) shall not exceed the lesser of five percent (5%) of its admitted assets or the amount by which the capital and surplus of the company exceeds the minimum capital and surplus required for the kind or kinds of insurance the company is authorized to transact in this state.
(d) The commissioner may approve a plan for an insurer to make foreign investments and enter into foreign transactions not to exceed an additional fifteen percent (15%) of its admitted assets, if the commissioner determines that the plan contains adequate quality and diversification standards.
(e) Investments and transactions authorized under subsections (a)-(d) shall be subject to the limitations on investments in and transactions with any one (1) issuing business entity, or as to asset-backed securities, secured by or evidencing an interest in a single asset or pool of assets, set forth in § 56-3-303(a)(3), (4), (16), (18) and (19) and to the limitations on the aggregate amount of any insurance company's investments and transactions under § 56-3-303(a)(3), (4), (10), (14) -(16), (18), (20) and (23).
(f) No more than ten percent (10%) of the insurer's admitted assets may be in foreign investments and transactions made under subsections (c) and (d) in the aggregate that are denominated in foreign currency that are not hedged pursuant to § 56-3-303(a)(21) .
Acts 1907, ch. 458, § 2; Shan., § 3348a29; Code 1932, § 6204; Acts 1935, ch. 105, § 1; 1937, ch. 76, § 1; 1939, ch. 121, § 1; 1945, ch. 106, §§ 1, 2; 1947, ch. 120, § 1; C. Supp. 1950, § 6204; Acts 1951, ch. 77, § 1; T.C.A. (orig. ed.), § 56-217; Acts 1961, ch. 224, § 1; 1961, ch. 229, § 1; 1965, ch. 63, § 1; modified; T.C.A., § 56-306; Acts 1986, ch. 527, § 1; 1995, ch. 363, § 15; 1998, ch. 678, § 2.
Tenn. Code Ann. § 56-43-110 — TN Code / Title 56 / Chapter 43 / Section 56-43-110
Investments
Status: in_force

The investable funds generated through the transaction of the business of legal insurance by persons who are not licensed to transact other lines of insurance shall be invested in securities or other investments permitted by the laws of this state for the investment of assets of life insurance. Acts 1989, ch. 423, § 9.
The investable funds generated through the transaction of the business of legal insurance by persons who are not licensed to transact other lines of insurance shall be invested in securities or other investments permitted by the laws of this state for the investment of assets of life insurance.
Acts 1989, ch. 423, § 9.
Tenn. Code Ann. § 56-7-2813 — TN Code / Title 56 / Chapter 7 / Section 56-7-2813
Construction with other laws - Enforcement actions
Status: in_force

(a) This part is supplemental to any other laws of this state; however, to the extent that this part is in conflict with other insurance law, this part shall control. (b) No enforcement action shall be taken, pursuant to this part, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this part before January 1, 1998, or, if later, the date of issuance of the federal regulations to be issued pursuant to the federal act if the plan or issuer has sought to comply in good faith with the requirements. Acts 1997, ch. 157, § 14.
(a) This part is supplemental to any other laws of this state; however, to the extent that this part is in conflict with other insurance law, this part shall control.
(b) No enforcement action shall be taken, pursuant to this part, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this part before January 1, 1998, or, if later, the date of issuance of the federal regulations to be issued pursuant to the federal act if the plan or issuer has sought to comply in good faith with the requirements.
Acts 1997, ch. 157, § 14.
Tenn. Code Ann. § 56-6-110 — TN Code / Title 56 / Chapter 6 / Section 56-6-110
Limited lines producers
Status: in_force

An individual who has met the requirements of § 56-6-106 shall be entitled to a limited lines producer license without examination in one (1) or more of the following limited lines: (1) Travel insurance; (2) Credit life, credit accident and health insurance, or involuntary unemployment credit insurance; (3) Mortgage guaranty insurance; (4) Personal property insurance sold to a debtor under a master group policy issued to a creditor; (5) Crop insurance; (6) Title insurance; provided, that the limited lines producer is an attorney, duly licensed in this state, who acts as a title insurance agent as an ancillary part of the attorney's practice of law; (7) Any other lines that the commissioner finds by rule are essential for the transaction of business in this state and do not require the professional competency demanded by an insurance producer's license; (8) Portable electronics insurance; or (9) Self-service storage insurance. Amended by 2019 Tenn. Acts, ch. 354,s 2, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 460,s 1, eff. 1/1/2016. Amended by 2013 Tenn. Acts, ch. 293,s 9, eff. 7/1/2013. Acts 2002, ch. 798, § 11; 2005, ch. 58, § 1; 2006, ch. 689, § 2; 2011, ch. 312, § 9.
An individual who has met the requirements of § 56-6-106 shall be entitled to a limited lines producer license without examination in one (1) or more of the following limited lines:
(1) Travel insurance;
(2) Credit life, credit accident and health insurance, or involuntary unemployment credit insurance;
(3) Mortgage guaranty insurance;
(4) Personal property insurance sold to a debtor under a master group policy issued to a creditor;
(5) Crop insurance;
(6) Title insurance; provided, that the limited lines producer is an attorney, duly licensed in this state, who acts as a title insurance agent as an ancillary part of the attorney's practice of law;
(7) Any other lines that the commissioner finds by rule are essential for the transaction of business in this state and do not require the professional competency demanded by an insurance producer's license;
(8) Portable electronics insurance; or
(9) Self-service storage insurance.
Amended by 2019 Tenn. Acts, ch. 354,s 2, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 460,s 1, eff. 1/1/2016.
Amended by 2013 Tenn. Acts, ch. 293,s 9, eff. 7/1/2013.
Acts 2002, ch. 798, § 11; 2005, ch. 58, § 1; 2006, ch. 689, § 2; 2011, ch. 312, § 9.
Tenn. Code Ann. § 56-51-127 — TN Code / Title 56 / Chapter 51 / Section 56-51-127
Extension of benefits
Status: in_force

Every prepaid limited health services contract must provide that termination of the contract by the prepaid limited health service organization is without prejudice to any continuous loss that commenced while the contract was in force. Extension of benefits beyond the period the contract was in force must be until the specific treatment or procedure undertaken upon any subscriber has been completed or for ninety (90) days, whichever is the lesser period of time. Acts 2000, ch. 948, § 27.
Every prepaid limited health services contract must provide that termination of the contract by the prepaid limited health service organization is without prejudice to any continuous loss that commenced while the contract was in force. Extension of benefits beyond the period the contract was in force must be until the specific treatment or procedure undertaken upon any subscriber has been completed or for ninety (90) days, whichever is the lesser period of time.
Acts 2000, ch. 948, § 27.
Tenn. Code Ann. § 56-7-2503 — TN Code / Title 56 / Chapter 7 / Section 56-7-2503
Accident and sickness - Denial of coverage for persons with mental illness or intellectual disabilities for lack of surgical facilities prohibited
Status: in_force

Any law to the contrary notwithstanding, no policy of accident and sickness insurance may be entered into or renewed on or after July 1, 1974, if the policy by way of exclusion, definition, or otherwise denies coverage to an insured undergoing care and treatment in a facility for the care and treatment of persons with mental illness or intellectual disability, based upon the fact that the facility does not have organized facilities for operative surgery, if, in fact, the facility in question has, at the time a claim arises, a bona fide arrangement, by contract or otherwise, with an accredited hospital to perform the surgical procedures as may be required by the facility for persons with mental illness or intellectual disability. Acts 1974, ch. 625, § 1; T.C.A., § 56-1168; Acts 1992, ch. 984, § 3; T.C.A., § 56-7-1004; Acts 2011, ch. 158, § 29.
Any law to the contrary notwithstanding, no policy of accident and sickness insurance may be entered into or renewed on or after July 1, 1974, if the policy by way of exclusion, definition, or otherwise denies coverage to an insured undergoing care and treatment in a facility for the care and treatment of persons with mental illness or intellectual disability, based upon the fact that the facility does not have organized facilities for operative surgery, if, in fact, the facility in question has, at the time a claim arises, a bona fide arrangement, by contract or otherwise, with an accredited hospital to perform the surgical procedures as may be required by the facility for persons with mental illness or intellectual disability.
Acts 1974, ch. 625, § 1; T.C.A., § 56-1168; Acts 1992, ch. 984, § 3; T.C.A., § 56-7-1004; Acts 2011, ch. 158, § 29.
Tenn. Code Ann. § 56-51-148 — TN Code / Title 56 / Chapter 51 / Section 56-51-148
Appeals from the department
Status: in_force

Any person, entity, or prepaid limited health service organization subject to an order of the department under this chapter may obtain judicial review of the order by filing an appeal from the order, in accordance with the procedures for appeal under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2000, ch. 948, § 48.
Any person, entity, or prepaid limited health service organization subject to an order of the department under this chapter may obtain judicial review of the order by filing an appeal from the order, in accordance with the procedures for appeal under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 948, § 48.
Tenn. Code Ann. § 56-12-219 — TN Code / Title 56 / Chapter 12 / Section 56-12-219
Insurers not covered
Status: in_force

This part does not apply to any insurer that is insolvent or unable to fulfill its contractual obligations on July 1, 1989. Acts 1988, ch. 1032, § 21.
This part does not apply to any insurer that is insolvent or unable to fulfill its contractual obligations on July 1, 1989.
Acts 1988, ch. 1032, § 21.
Tenn. Code Ann. § 56-30-102 — TN Code / Title 56 / Chapter 30 / Section 56-30-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Beneficiary" means a person designated in the subscription certificate referred to in subdivision (10), as entitled to the dental services referred to in subdivision (10); (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Covered dependent" is the spouse, an adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate; (4) "Dental service" means professional services rendered by persons duly licensed under the laws of this state to practice dentistry and all services defined as constituting the practice of dentistry as set out in title 63, chapter 5; (5) "Nonprofit dental service corporation" means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining and operating a nonprofit dental service plan, and that employs the service benefit concept in the majority of the programs it administers; (6) "Nonprofit dental service plan" means a plan whereby specified dental service is provided by a nonprofit dental service corporation to subscribers to the plan; (7) "Participating dentist" means a dentist licensed to practice dentistry in this state under title 63, chapter 5, who contracts in writing with a dental service plan corporation to perform the dental services specified in the subscription certificates issued by the corporation, and at the rates of compensation determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating dentists; (8) "Person" includes a natural person, a corporation, an association, a common law trust or corporation; (9) "Service benefit concept" means a type of dental benefit contract between a beneficiary and a third party payer, whereby the beneficiary is guaranteed no out-of-pocket expenses for covered services beyond any agreed on cost sharing stipulated in the contract; and (10) "Subscriber" means a person to whom a subscription certificate is issued by a dental care service plan corporation that sets forth the beneficiaries and the kind and extent of dental service for which the corporation is liable to make payment. Acts 1961, ch. 340, § 2; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3502; Acts 1989, ch. 152, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Beneficiary" means a person designated in the subscription certificate referred to in subdivision (10), as entitled to the dental services referred to in subdivision (10);
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Covered dependent" is the spouse, an adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate;
(4) "Dental service" means professional services rendered by persons duly licensed under the laws of this state to practice dentistry and all services defined as constituting the practice of dentistry as set out in title 63, chapter 5;
(5) "Nonprofit dental service corporation" means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining and operating a nonprofit dental service plan, and that employs the service benefit concept in the majority of the programs it administers;
(6) "Nonprofit dental service plan" means a plan whereby specified dental service is provided by a nonprofit dental service corporation to subscribers to the plan;
(7) "Participating dentist" means a dentist licensed to practice dentistry in this state under title 63, chapter 5, who contracts in writing with a dental service plan corporation to perform the dental services specified in the subscription certificates issued by the corporation, and at the rates of compensation determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating dentists;
(8) "Person" includes a natural person, a corporation, an association, a common law trust or corporation;
(9) "Service benefit concept" means a type of dental benefit contract between a beneficiary and a third party payer, whereby the beneficiary is guaranteed no out-of-pocket expenses for covered services beyond any agreed on cost sharing stipulated in the contract; and
(10) "Subscriber" means a person to whom a subscription certificate is issued by a dental care service plan corporation that sets forth the beneficiaries and the kind and extent of dental service for which the corporation is liable to make payment.
Acts 1961, ch. 340, § 2; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3502; Acts 1989, ch. 152, § 1.
Tenn. Code Ann. § 56-21-129 — TN Code / Title 56 / Chapter 21 / Section 56-21-129
Dividends to policyholders
Status: in_force

Dividends in cash or otherwise may be paid to policyholders annually, or at such times as the directors may decide upon. The percent of dividend to be paid shall be fixed from time to time by the board of directors, and the board's action shall be final, both as to the percent of dividend and the time when it shall be paid to the policyholders. The percent of dividend shall be the same to all in each class of policyholders, but shall not be so large as to require the payment for any calendar year of more than fifty percent (50%) of the company's net cash surplus at the close of that year. Acts 1907, ch. 461, § 9; Shan., § 3369a25; Acts 1921, ch. 160, § 9; Code 1932, § 6276; T.C.A. (orig. ed.), § 56-2031.
Dividends in cash or otherwise may be paid to policyholders annually, or at such times as the directors may decide upon. The percent of dividend to be paid shall be fixed from time to time by the board of directors, and the board's action shall be final, both as to the percent of dividend and the time when it shall be paid to the policyholders. The percent of dividend shall be the same to all in each class of policyholders, but shall not be so large as to require the payment for any calendar year of more than fifty percent (50%) of the company's net cash surplus at the close of that year.
Acts 1907, ch. 461, § 9; Shan., § 3369a25; Acts 1921, ch. 160, § 9; Code 1932, § 6276; T.C.A. (orig. ed.), § 56-2031.
Tenn. Code Ann. § 56-51-122 — TN Code / Title 56 / Chapter 51 / Section 56-51-122
Delivery of contract
Status: in_force

Unless delivered upon execution or issuance, a prepaid limited health services contract, certificate of coverage, or member handbook must be mailed or delivered to the health maintenance organization or to the state or federal agency with whom the prepaid limited health services organization has contracted prior to the effective date of coverage by the prepaid limited health service organization. Acts 2000, ch. 948, § 22.
Unless delivered upon execution or issuance, a prepaid limited health services contract, certificate of coverage, or member handbook must be mailed or delivered to the health maintenance organization or to the state or federal agency with whom the prepaid limited health services organization has contracted prior to the effective date of coverage by the prepaid limited health service organization.
Acts 2000, ch. 948, § 22.
Tenn. Code Ann. § 56-2-607 — TN Code / Title 56 / Chapter 2 / Section 56-2-607
Defense by insurer - Bond or certificate of authority
Status: in_force

Before any unauthorized foreign or alien insurer files or causes to be filed any pleading in any action, suit or proceeding instituted against it, the unauthorized insurer shall: (1) Deposit with the clerk of the court in which the action, suit or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment that may be rendered in the action; or (2) Procure a certificate of authority to transact the business of insurance in this state. Acts 1955, ch. 2, § 3; T.C.A., §§ 56-333, 56-252.
Before any unauthorized foreign or alien insurer files or causes to be filed any pleading in any action, suit or proceeding instituted against it, the unauthorized insurer shall:
(1) Deposit with the clerk of the court in which the action, suit or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment that may be rendered in the action; or
(2) Procure a certificate of authority to transact the business of insurance in this state.
Acts 1955, ch. 2, § 3; T.C.A., §§ 56-333, 56-252.
Tenn. Code Ann. § 56-10-111 — TN Code / Title 56 / Chapter 10 / Section 56-10-111
Appraisal right of dissenting shareholders
Status: in_force

Any shareholder of any domestic stock insurance company which is a party to a merger, consolidation or exchange of securities as described in this chapter shall have the right to dissent and receive fair value for the shareholder's shares by complying with the procedure set forth in § 48-23-102 . Acts 1968, ch. 448, § 7; T.C.A., § 56-3611.
Any shareholder of any domestic stock insurance company which is a party to a merger, consolidation or exchange of securities as described in this chapter shall have the right to dissent and receive fair value for the shareholder's shares by complying with the procedure set forth in § 48-23-102 .
Acts 1968, ch. 448, § 7; T.C.A., § 56-3611.
Tenn. Code Ann. § 56-1-419 — TN Code / Title 56 / Chapter 1 / Section 56-1-419
Statement of actuarial opinion - Summary - Report and work papers - Liability for errors and omissions
Status: in_force

(a) Statement of Actuarial Opinion. On or before March 1, 2012, and annually every year thereafter, every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion". This opinion shall be filed with the appropriate National Association of Insurance Commissioners (NAIC) property and casualty annual statement instructions and shall cover the activity of the prior calendar year. (b) Actuarial Opinion Summary. (1) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate NAIC property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a). (2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request. (c) Actuarial Report and Work Papers. (1) An actuarial report and underlying work papers as required by the appropriate NAIC property and casualty annual statement instructions shall be prepared to support each actuarial opinion. (2) If the insurance company fails to provide a supporting actuarial report and/or work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company is otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers. (d) The appointed actuary shall not be liable for damages to any person, other than the insurance company and the commissioner, for any act, error, omission, decision or conduct with respect to the actuary's opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary. Acts 2010, ch. 892, § 2.
(a) Statement of Actuarial Opinion. On or before March 1, 2012, and annually every year thereafter, every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion". This opinion shall be filed with the appropriate National Association of Insurance Commissioners (NAIC) property and casualty annual statement instructions and shall cover the activity of the prior calendar year.
(b) Actuarial Opinion Summary. (1) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate NAIC property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a). (2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.
(1) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary, written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate NAIC property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a).
(2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.
(c) Actuarial Report and Work Papers. (1) An actuarial report and underlying work papers as required by the appropriate NAIC property and casualty annual statement instructions shall be prepared to support each actuarial opinion. (2) If the insurance company fails to provide a supporting actuarial report and/or work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company is otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers.
(1) An actuarial report and underlying work papers as required by the appropriate NAIC property and casualty annual statement instructions shall be prepared to support each actuarial opinion.
(2) If the insurance company fails to provide a supporting actuarial report and/or work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company is otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers.
(d) The appointed actuary shall not be liable for damages to any person, other than the insurance company and the commissioner, for any act, error, omission, decision or conduct with respect to the actuary's opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.
Acts 2010, ch. 892, § 2.
Tenn. Code Ann. § 56-7-3601 — TN Code / Title 56 / Chapter 7 / Section 56-7-3601
Short title
Status: in_force

This part is known and may be cited as the "Tennessee Paid Family Leave Insurance Act." Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
This part is known and may be cited as the "Tennessee Paid Family Leave Insurance Act."
Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 56-7-308 — TN Code / Title 56 / Chapter 7 / Section 56-7-308
Provisions in life insurance policies issued by foreign companies - Provisions in foreign policies of domestic companies
Status: in_force

The policies of a life insurance company not organized under the laws of this state may, if approved by the commissioner of this state, contain any provision that the law of the state, territory, district, or country under which the company is organized prescribes shall be in the policies when issued in this state, and the policies of a life insurance company organized under the laws of this state may, when issued or delivered in any other state, territory, district, or country, contain any provision required by the laws of the state, territory, district, or country in which they are issued, anything in §§ 56-7-309 - 56-7-311, 56-7-2307, 56-7-2308, and 56-7-2311 to the contrary notwithstanding. Acts 1907, ch. 457, § 5; Shan., § 3348a12; Code 1932, § 6183; T.C.A. (orig. ed.), § 56-1119.
The policies of a life insurance company not organized under the laws of this state may, if approved by the commissioner of this state, contain any provision that the law of the state, territory, district, or country under which the company is organized prescribes shall be in the policies when issued in this state, and the policies of a life insurance company organized under the laws of this state may, when issued or delivered in any other state, territory, district, or country, contain any provision required by the laws of the state, territory, district, or country in which they are issued, anything in §§ 56-7-309 - 56-7-311, 56-7-2307, 56-7-2308, and 56-7-2311 to the contrary notwithstanding.
Acts 1907, ch. 457, § 5; Shan., § 3348a12; Code 1932, § 6183; T.C.A. (orig. ed.), § 56-1119.
Tenn. Code Ann. § 56-6-121 — TN Code / Title 56 / Chapter 6 / Section 56-6-121
Fees
Status: in_force

In addition to any other fees that may be required elsewhere in this title, the following are the nonrefundable fees that will be paid to the commissioner under this part: (1) Except as provided in subdivision (5), fifty dollars ($50.00) for the filing of an application for an insurance producer license or limited lines producer license; (2) Sixty dollars ($60.00) for the renewal of an insurance producer license; (3) Thirty dollars ($30.00) for the renewal of a limited lines producer license; (4) Fifteen dollars ($15.00) for the appointment or termination of appointment of an insurance producer or limited lines producer by an insurer; and (5) Seven hundred fifty dollars ($750) for the filing of an initial application or renewal application as a travel insurance supervising entity pursuant to the Travel Insurance Producer Limited License Act, compiled in part 14 of this chapter. Amended by 2015 Tenn. Acts, ch. 460,s 2, eff. 1/1/2016. Acts 2002, ch. 798, § 22; 2006, ch. 1018, §§ 4, 5.
In addition to any other fees that may be required elsewhere in this title, the following are the nonrefundable fees that will be paid to the commissioner under this part:
(1) Except as provided in subdivision (5), fifty dollars ($50.00) for the filing of an application for an insurance producer license or limited lines producer license;
(2) Sixty dollars ($60.00) for the renewal of an insurance producer license;
(3) Thirty dollars ($30.00) for the renewal of a limited lines producer license;
(4) Fifteen dollars ($15.00) for the appointment or termination of appointment of an insurance producer or limited lines producer by an insurer; and
(5) Seven hundred fifty dollars ($750) for the filing of an initial application or renewal application as a travel insurance supervising entity pursuant to the Travel Insurance Producer Limited License Act, compiled in part 14 of this chapter.
Amended by 2015 Tenn. Acts, ch. 460,s 2, eff. 1/1/2016.
Acts 2002, ch. 798, § 22; 2006, ch. 1018, §§ 4, 5.
Tenn. Code Ann. § 56-59-103 — TN Code / Title 56 / Chapter 59 / Section 56-59-103
GAP waiver - Insurance policy
Status: in_force

(a) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any other law, any cost to the borrower for a GAP waiver entered into in compliance with the Truth in Lending Act ( 15 U.S.C. § 1601 et seq.), and its implementing regulations, must be separately stated and is not to be considered a finance charge or interest. (d) (1) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer; provided, that: (A) A retail seller that does not assign the financing agreement of which the GAP waiver is a part to anyone other than the retail seller's related finance company is not required to insure its GAP waiver obligation; and (B) Retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on leased vehicles. (2) A creditor not otherwise required to insure its GAP waiver obligation pursuant to subdivision (d)(1) may insure its GAP waiver obligation under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor or retail seller's obligations. (e) The GAP waiver remains a part of the finance agreement upon the assignment, sale or transfer of such finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver. (g) Any creditor that offers a GAP waiver must report the sale of, and forward funds received on all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor or administrator, pursuant to the terms of a written agreement must be held by such creditor or administrator in a fiduciary capacity. Amended by 2014 Tenn. Acts, ch. 971,s 2, eff. 7/1/2014. Acts 2008, ch. 1055, § 4.
(a) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter.
(b) GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other law, any cost to the borrower for a GAP waiver entered into in compliance with the Truth in Lending Act ( 15 U.S.C. § 1601 et seq.), and its implementing regulations, must be separately stated and is not to be considered a finance charge or interest.
(d) (1) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer; provided, that: (A) A retail seller that does not assign the financing agreement of which the GAP waiver is a part to anyone other than the retail seller's related finance company is not required to insure its GAP waiver obligation; and (B) Retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on leased vehicles. (2) A creditor not otherwise required to insure its GAP waiver obligation pursuant to subdivision (d)(1) may insure its GAP waiver obligation under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor or retail seller's obligations.
(1) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer; provided, that: (A) A retail seller that does not assign the financing agreement of which the GAP waiver is a part to anyone other than the retail seller's related finance company is not required to insure its GAP waiver obligation; and (B) Retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on leased vehicles.
(A) A retail seller that does not assign the financing agreement of which the GAP waiver is a part to anyone other than the retail seller's related finance company is not required to insure its GAP waiver obligation; and
(B) Retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on leased vehicles.
(2) A creditor not otherwise required to insure its GAP waiver obligation pursuant to subdivision (d)(1) may insure its GAP waiver obligation under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor or retail seller's obligations.
(e) The GAP waiver remains a part of the finance agreement upon the assignment, sale or transfer of such finance agreement by the creditor.
(f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver.
(g) Any creditor that offers a GAP waiver must report the sale of, and forward funds received on all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents.
(h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor or administrator, pursuant to the terms of a written agreement must be held by such creditor or administrator in a fiduciary capacity.
Amended by 2014 Tenn. Acts, ch. 971,s 2, eff. 7/1/2014.
Acts 2008, ch. 1055, § 4.
Tenn. Code Ann. § 56-51-137 — TN Code / Title 56 / Chapter 51 / Section 56-51-137
Insolvency protection
Status: in_force

(a) Except as required in subsection (b), each prepaid limited health service organization must deposit with the department cash or securities of the type eligible under § 56-32-111 , which must have at all times a market value in the amount set forth in this subsection (a). The amount of the deposit shall be reviewed annually or more often as the department deems necessary. The market value of the deposit must be that which is prescribed in § 56-32-112(b) . (b) (1) If securities or assets deposited by a prepaid limited health service organization under this chapter are subject to material fluctuations in market value, the department may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under § 56-32-112(b) . (2) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this chapter falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within thirty (30) days after receipt of notice by certified mail from the department, the department may revoke the certificate of authority of the prepaid limited health service organization. (3) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this chapter for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization, any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released to the commissioner as receiver, rehabilitator, or liquidator as provided under chapter 9 of this title. (c) All income from deposits shall be an asset of the organization. A prepaid limited health service organization that has been allowed by the department to make a securities deposit may withdraw that deposit or any part of the deposit after making a substitute deposit of cash, securities, or any combination of these or other measures of equal amount and value as approved by the department. Acts 2000, ch. 948, § 37.
(a) Except as required in subsection (b), each prepaid limited health service organization must deposit with the department cash or securities of the type eligible under § 56-32-111 , which must have at all times a market value in the amount set forth in this subsection (a). The amount of the deposit shall be reviewed annually or more often as the department deems necessary. The market value of the deposit must be that which is prescribed in § 56-32-112(b) .
(b) (1) If securities or assets deposited by a prepaid limited health service organization under this chapter are subject to material fluctuations in market value, the department may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under § 56-32-112(b) . (2) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this chapter falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within thirty (30) days after receipt of notice by certified mail from the department, the department may revoke the certificate of authority of the prepaid limited health service organization. (3) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this chapter for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization, any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released to the commissioner as receiver, rehabilitator, or liquidator as provided under chapter 9 of this title.
(1) If securities or assets deposited by a prepaid limited health service organization under this chapter are subject to material fluctuations in market value, the department may in its discretion require the organization to deposit and maintain on deposit additional securities or assets in an amount as may be reasonably necessary to assure that the deposit will at all times have a market value of not less than the amount specified under § 56-32-112(b) .
(2) If for any reason the market value of assets and securities of a prepaid limited health service organization held on deposit under this chapter falls below the amount required, the organization must promptly deposit other or additional assets or securities eligible for deposit sufficient to cure the deficiency. If the prepaid limited health service organization has failed to cure the deficiency within thirty (30) days after receipt of notice by certified mail from the department, the department may revoke the certificate of authority of the prepaid limited health service organization.
(3) A prepaid limited health service organization may, at its option, deposit assets or securities in an amount exceeding its deposit required or otherwise permitted under this chapter for the purpose of absorbing fluctuations in the value of securities and assets deposited and to facilitate the exchange and substitution of securities and assets. During the solvency of the prepaid limited health service organization, any excess must be released to the organization upon its request. During the insolvency of the prepaid limited health service organization, any excess deposit may be released to the commissioner as receiver, rehabilitator, or liquidator as provided under chapter 9 of this title.
(c) All income from deposits shall be an asset of the organization. A prepaid limited health service organization that has been allowed by the department to make a securities deposit may withdraw that deposit or any part of the deposit after making a substitute deposit of cash, securities, or any combination of these or other measures of equal amount and value as approved by the department.
Acts 2000, ch. 948, § 37.
Tenn. Code Ann. § 56-11-111 — TN Code / Title 56 / Chapter 11 / Section 56-11-111
Penalties - Injunctions
Status: in_force

(a) Any insurer or health maintenance organization failing, without just cause, to file any registration statement as required in this part shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, to be recovered by the commissioner, and the penalty so recovered shall be paid into the general revenue fund of this state. The maximum penalty under this section is ten thousand dollars ($10,000). The commissioner may reduce the penalty if the insurer or health maintenance organization demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer or health maintenance organization. (b) Every director or officer of an insurance holding company system or health maintenance organization holding company system who knowingly violates, participates in, or assents to, or who knowingly permits any of the officers or agents of the insurer or health maintenance organization to engage in transactions or make investments that have not been properly reported or submitted pursuant to §§ 56-11-105(a) and 56-11-106(a)(2) and (b) , or that violate this part, shall pay, in the director's or officer's individual capacity, a civil forfeiture of not more than one thousand dollars ($1,000) per violation, after notice and hearing before the commissioner. In determining the amount of the civil forfeiture, the commissioner shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and other matters as justice may require. (c) Whenever it appears to the commissioner that any insurer or health maintenance organization subject to this part, or any director, officer, employee or agent thereof, has engaged in any transaction or entered into a contract that is subject to § 56-11-106 and that would not have been approved had such approval been requested, the commissioner may order the insurer or health maintenance organization to cease and desist immediately any further activity under that transaction or contract. After notice and hearing, the commissioner may also order the insurer or health maintenance organization to void any such contracts and restore the status quo if the action is in the best interest of the policyholders, creditors, or the public. (d) Whenever it appears to the commissioner that any insurer or health maintenance organization or any director, officer, employee or agent thereof has committed a willful violation of this part, the commissioner may cause criminal proceedings to be instituted against the insurer or health maintenance organization or the responsible director, officer, employee or agent. Any insurer or health maintenance organization that willfully violates this part may be fined not more than ten thousand dollars ($10,000). Any individual who willfully violates this part may be fined in the person's individual capacity not more than ten thousand dollars ($10,000) or be punished for a Class E felony, or both. (e) Any officer, director or employee of an insurance holding company system or health maintenance organization holding company system who willfully and knowingly subscribes to or makes or causes to be made any false statements or false reports or false filings with the intent to deceive the commissioner in the performance of the officer, director or employee's duties under this part, upon conviction, shall be fined not more than ten thousand dollars ($10,000) or be punished for a Class E felony, or both. Any fines imposed shall be paid by the officer, director, or employee in the person's individual capacity. (f) Whenever it appears to the commissioner that any person has committed a violation of § 56-11-103 and which prevents the full understanding of the enterprise risk to the insurer by affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance with § 56-9-503 . Amended by 2014 Tenn. Acts, ch. 583,Secs.s1, s20, s21, s22 eff. 3/28/2014. Acts 1986, ch. 572, § 11; 1989, ch. 591, §§ 58, 59; 2000, ch. 708, § 3i; T.C.A. § 56-11-211.
(a) Any insurer or health maintenance organization failing, without just cause, to file any registration statement as required in this part shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, to be recovered by the commissioner, and the penalty so recovered shall be paid into the general revenue fund of this state. The maximum penalty under this section is ten thousand dollars ($10,000). The commissioner may reduce the penalty if the insurer or health maintenance organization demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer or health maintenance organization.
(b) Every director or officer of an insurance holding company system or health maintenance organization holding company system who knowingly violates, participates in, or assents to, or who knowingly permits any of the officers or agents of the insurer or health maintenance organization to engage in transactions or make investments that have not been properly reported or submitted pursuant to §§ 56-11-105(a) and 56-11-106(a)(2) and (b) , or that violate this part, shall pay, in the director's or officer's individual capacity, a civil forfeiture of not more than one thousand dollars ($1,000) per violation, after notice and hearing before the commissioner. In determining the amount of the civil forfeiture, the commissioner shall take into account the appropriateness of the forfeiture with respect to the gravity of the violation, the history of previous violations, and other matters as justice may require.
(c) Whenever it appears to the commissioner that any insurer or health maintenance organization subject to this part, or any director, officer, employee or agent thereof, has engaged in any transaction or entered into a contract that is subject to § 56-11-106 and that would not have been approved had such approval been requested, the commissioner may order the insurer or health maintenance organization to cease and desist immediately any further activity under that transaction or contract. After notice and hearing, the commissioner may also order the insurer or health maintenance organization to void any such contracts and restore the status quo if the action is in the best interest of the policyholders, creditors, or the public.
(d) Whenever it appears to the commissioner that any insurer or health maintenance organization or any director, officer, employee or agent thereof has committed a willful violation of this part, the commissioner may cause criminal proceedings to be instituted against the insurer or health maintenance organization or the responsible director, officer, employee or agent. Any insurer or health maintenance organization that willfully violates this part may be fined not more than ten thousand dollars ($10,000). Any individual who willfully violates this part may be fined in the person's individual capacity not more than ten thousand dollars ($10,000) or be punished for a Class E felony, or both.
(e) Any officer, director or employee of an insurance holding company system or health maintenance organization holding company system who willfully and knowingly subscribes to or makes or causes to be made any false statements or false reports or false filings with the intent to deceive the commissioner in the performance of the officer, director or employee's duties under this part, upon conviction, shall be fined not more than ten thousand dollars ($10,000) or be punished for a Class E felony, or both. Any fines imposed shall be paid by the officer, director, or employee in the person's individual capacity.
(f) Whenever it appears to the commissioner that any person has committed a violation of § 56-11-103 and which prevents the full understanding of the enterprise risk to the insurer by affiliates or by the insurance holding company system, the violation may serve as an independent basis for disapproving dividends or distributions and for placing the insurer under an order of supervision in accordance with § 56-9-503 .
Amended by 2014 Tenn. Acts, ch. 583,Secs.s1, s20, s21, s22 eff. 3/28/2014.
Acts 1986, ch. 572, § 11; 1989, ch. 591, §§ 58, 59; 2000, ch. 708, § 3i; T.C.A. § 56-11-211.
Tenn. Code Ann. § 56-14-105 — TN Code / Title 56 / Chapter 14 / Section 56-14-105
Eligibility for surplus lines insurance
Status: in_force

(a) No insurance coverage shall be eligible for surplus lines insurance unless the full amount of insurance required is not procurable, after a diligent effort has been made to do so, from among the authorized companies licensed to transact and actually writing such kind and class of insurance in this state, and the amount of insurance eligible for surplus lines shall be only the amount in excess of the amount procurable from licensed insurers. (b) Subsection (a) shall not apply to exempt commercial purchasers if the surplus lines agent procuring or placing the policy has disclosed to the exempt commercial purchaser that such insurance may or may not be available from admitted companies that may provide greater protection with more regulatory oversight, and the exempt commercial purchaser has subsequently requested in writing that the surplus lines agent procure or place such insurance from a nonadmitted company. (c) Policy or contract forms shall not be eligible unless the use: (1) Is reasonably necessary for the principal purposes of the coverage; (2) Would not be contrary to the purposes of the coverage; or (3) Would not be contrary to the purposes of this chapter with respect to the reasonable protection of authorized companies from unwarranted competition by unauthorized companies. (d) The following kinds of insurance shall not be eligible for surplus lines insurance: (1) Primary personal automobile liability; (2) Surety; and (3) Workers' compensation, except as provided in subsection (a). Acts 1969, ch. 270, § 5; T.C.A., § 56-3805; Acts 2001, ch. 220, §§ 2, 3; 2011, ch. 446, § 1.
(a) No insurance coverage shall be eligible for surplus lines insurance unless the full amount of insurance required is not procurable, after a diligent effort has been made to do so, from among the authorized companies licensed to transact and actually writing such kind and class of insurance in this state, and the amount of insurance eligible for surplus lines shall be only the amount in excess of the amount procurable from licensed insurers.
(b) Subsection (a) shall not apply to exempt commercial purchasers if the surplus lines agent procuring or placing the policy has disclosed to the exempt commercial purchaser that such insurance may or may not be available from admitted companies that may provide greater protection with more regulatory oversight, and the exempt commercial purchaser has subsequently requested in writing that the surplus lines agent procure or place such insurance from a nonadmitted company.
(c) Policy or contract forms shall not be eligible unless the use: (1) Is reasonably necessary for the principal purposes of the coverage; (2) Would not be contrary to the purposes of the coverage; or (3) Would not be contrary to the purposes of this chapter with respect to the reasonable protection of authorized companies from unwarranted competition by unauthorized companies.
(1) Is reasonably necessary for the principal purposes of the coverage;
(2) Would not be contrary to the purposes of the coverage; or
(3) Would not be contrary to the purposes of this chapter with respect to the reasonable protection of authorized companies from unwarranted competition by unauthorized companies.
(d) The following kinds of insurance shall not be eligible for surplus lines insurance: (1) Primary personal automobile liability; (2) Surety; and (3) Workers' compensation, except as provided in subsection (a).
(1) Primary personal automobile liability;
(2) Surety; and
(3) Workers' compensation, except as provided in subsection (a).
Acts 1969, ch. 270, § 5; T.C.A., § 56-3805; Acts 2001, ch. 220, §§ 2, 3; 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-27-126 — TN Code / Title 56 / Chapter 27 / Section 56-27-126
Subscription contract and certificate - Requirements - Terms and conditions
Status: in_force

Every contract entered into by a medical service plan corporation and a subscriber shall be in writing, and a certificate stating the terms and conditions of the contract shall be furnished the subscriber. No such subscription certificate shall be issued unless it contains the following provisions, and any other applicable provisions that may be required by this chapter or other applicable laws of this state: (1) A statement of the amounts payable to the corporation by the subscribers and the times at which and manner in which the amounts shall be paid; (2) A statement of the nature of the medical services to be paid for and the period during which the certificate is effective; and if there are any types of medical services to be excepted with the approval of the commissioner, a detailed statement of the exceptions printed as specified in this section; (3) A statement of the terms or conditions, if any, upon which the certificate may be cancelled or otherwise terminated at the option of either party; (4) A statement that the subscription and certificate constitute the contract between the corporation and the subscriber, and include the endorsements thereon and attached papers, if any, and contain the entire contract; (5) A statement that no statement by the subscriber in the subscriber's application for a certificate shall void the contract or be used in any legal proceeding under the contract, unless the application or an exact copy of the application is included in or attached to the certificate, and that no agent or representative of the corporation, other than an officer or officers designated in the certificate, is authorized to change the contract or waive any of its provisions; (6) A statement that if the subscriber defaults in making any payment under the certificate, the subsequent acceptance of a payment by the corporation or by one (1) of its duly authorized agents shall reinstate the certificate, but with respect to sickness and injury may cover only such sickness as may be first manifested more than a specified number of days, not exceeding ten (10) days, after the date of the acceptance; (7) A statement of the period of grace that will be allowed a subscriber for making any payment due under the contract. The period shall not be less than ten (10) days during the first contract year, and thereafter shall be one (1) month, not less than thirty (30) days; (8) A statement authorizing medical service by physicians other than participating physicians in cases of emergency or when consented to by the medical service corporation, or when the subscriber requires medical services outside the county or counties or area served by the medical service plan corporation, in which case money benefits shall be provided as optional and as specified in the subscriber's contract and approved as fair by the commissioner. Otherwise, a statement that indemnity in the form of cash will not be paid to any subscriber except in reimbursements paid by the subscriber to a physician and for which the corporation was liable at the time of the payment; and (9) Any other statements that may be required by published regulations of the commissioner. Acts 1945, ch. 113, § 12; C. Supp. 1950, § 4186.28 (Williams, § 4186.29); T.C.A. (orig. ed.), § 56-2926.
Every contract entered into by a medical service plan corporation and a subscriber shall be in writing, and a certificate stating the terms and conditions of the contract shall be furnished the subscriber. No such subscription certificate shall be issued unless it contains the following provisions, and any other applicable provisions that may be required by this chapter or other applicable laws of this state:
(1) A statement of the amounts payable to the corporation by the subscribers and the times at which and manner in which the amounts shall be paid;
(2) A statement of the nature of the medical services to be paid for and the period during which the certificate is effective; and if there are any types of medical services to be excepted with the approval of the commissioner, a detailed statement of the exceptions printed as specified in this section;
(3) A statement of the terms or conditions, if any, upon which the certificate may be cancelled or otherwise terminated at the option of either party;
(4) A statement that the subscription and certificate constitute the contract between the corporation and the subscriber, and include the endorsements thereon and attached papers, if any, and contain the entire contract;
(5) A statement that no statement by the subscriber in the subscriber's application for a certificate shall void the contract or be used in any legal proceeding under the contract, unless the application or an exact copy of the application is included in or attached to the certificate, and that no agent or representative of the corporation, other than an officer or officers designated in the certificate, is authorized to change the contract or waive any of its provisions;
(6) A statement that if the subscriber defaults in making any payment under the certificate, the subsequent acceptance of a payment by the corporation or by one (1) of its duly authorized agents shall reinstate the certificate, but with respect to sickness and injury may cover only such sickness as may be first manifested more than a specified number of days, not exceeding ten (10) days, after the date of the acceptance;
(7) A statement of the period of grace that will be allowed a subscriber for making any payment due under the contract. The period shall not be less than ten (10) days during the first contract year, and thereafter shall be one (1) month, not less than thirty (30) days;
(8) A statement authorizing medical service by physicians other than participating physicians in cases of emergency or when consented to by the medical service corporation, or when the subscriber requires medical services outside the county or counties or area served by the medical service plan corporation, in which case money benefits shall be provided as optional and as specified in the subscriber's contract and approved as fair by the commissioner. Otherwise, a statement that indemnity in the form of cash will not be paid to any subscriber except in reimbursements paid by the subscriber to a physician and for which the corporation was liable at the time of the payment; and
(9) Any other statements that may be required by published regulations of the commissioner.
Acts 1945, ch. 113, § 12; C. Supp. 1950, § 4186.28 (Williams, § 4186.29); T.C.A. (orig. ed.), § 56-2926.
Tenn. Code Ann. § 56-9-501 — TN Code / Title 56 / Chapter 9 / Section 56-9-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Consent" means agreement to administrative supervision by the insurer; (3) "Department" means the department of commerce and insurance; (4) "Exceeded its powers" means the following conditions: (A) The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, the commissioner's deputies, employees or duly commissioned examiners; (B) A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer; (C) The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating to such statutes or rules; (D) The insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus; (E) The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner; (F) The insurer, by contract or otherwise, has unlawfully or has, in violation of an order of the commissioner, or has, without first having obtained written approval of the commissioner if approval is required by law: (i) Totally reinsured its entire outstanding business; or (ii) Merged or consolidated substantially its entire property or business with another insurer; (G) The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state; or (H) The insurer refused to comply with a lawful order of the commissioner; and (5) "Insurer" means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities, as limited to: (A) Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future; (B) Any fraternal benefit society that is subject to chapter 25 of this title; and (C) Any other person subject to this chapter. Acts 1991, ch. 142, § 4.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Consent" means agreement to administrative supervision by the insurer;
(3) "Department" means the department of commerce and insurance;
(4) "Exceeded its powers" means the following conditions: (A) The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, the commissioner's deputies, employees or duly commissioned examiners; (B) A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer; (C) The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating to such statutes or rules; (D) The insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus; (E) The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner; (F) The insurer, by contract or otherwise, has unlawfully or has, in violation of an order of the commissioner, or has, without first having obtained written approval of the commissioner if approval is required by law: (i) Totally reinsured its entire outstanding business; or (ii) Merged or consolidated substantially its entire property or business with another insurer; (G) The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state; or (H) The insurer refused to comply with a lawful order of the commissioner; and
(A) The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, the commissioner's deputies, employees or duly commissioned examiners;
(B) A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer;
(C) The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating to such statutes or rules;
(D) The insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;
(E) The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;
(F) The insurer, by contract or otherwise, has unlawfully or has, in violation of an order of the commissioner, or has, without first having obtained written approval of the commissioner if approval is required by law: (i) Totally reinsured its entire outstanding business; or (ii) Merged or consolidated substantially its entire property or business with another insurer;
(i) Totally reinsured its entire outstanding business; or
(ii) Merged or consolidated substantially its entire property or business with another insurer;
(G) The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state; or
(H) The insurer refused to comply with a lawful order of the commissioner; and
(5) "Insurer" means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities, as limited to: (A) Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future; (B) Any fraternal benefit society that is subject to chapter 25 of this title; and (C) Any other person subject to this chapter.
(A) Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future;
(B) Any fraternal benefit society that is subject to chapter 25 of this title; and
(C) Any other person subject to this chapter.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-27-119 — TN Code / Title 56 / Chapter 27 / Section 56-27-119
Fees and taxes
Status: in_force

Every medical service corporation, or its agents, subject to this chapter, is subject to the fees and taxes as prescribed for life, health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the medical service corporations. Acts 1945, ch. 113, § 19; C. Supp. 1950, § 4186.35 (Williams, § 4186.36); T.C.A. (orig. ed.), § 56-2919.
Every medical service corporation, or its agents, subject to this chapter, is subject to the fees and taxes as prescribed for life, health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the medical service corporations.
Acts 1945, ch. 113, § 19; C. Supp. 1950, § 4186.35 (Williams, § 4186.36); T.C.A. (orig. ed.), § 56-2919.
Tenn. Code Ann. § 56-6-916 — TN Code / Title 56 / Chapter 6 / Section 56-6-916
Records required of adjuster - Maintenance and inspection
Status: in_force

(a) A public adjuster shall maintain complete records of each transaction as a public adjuster. The records required by this section shall include the following: (1) Name of the insured; (2) Date, location and amount of the loss; (3) Copy of the contract between the public adjuster and insured; (4) Name of the insurer and, if available, amount, expiration date and number of each policy carried with respect to the loss; (5) Itemized statement of the insured's recoveries; (6) Itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss; (7) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fees transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts; (8) Name of public adjuster who executed the contract; (9) Name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and (10) Evidence of financial responsibility in a format prescribed by the commissioner. (b) Records of transactions as a public adjuster shall be maintained for at least five (5) years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times. Acts 2006, ch. 997, § 17.
(a) A public adjuster shall maintain complete records of each transaction as a public adjuster. The records required by this section shall include the following: (1) Name of the insured; (2) Date, location and amount of the loss; (3) Copy of the contract between the public adjuster and insured; (4) Name of the insurer and, if available, amount, expiration date and number of each policy carried with respect to the loss; (5) Itemized statement of the insured's recoveries; (6) Itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss; (7) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fees transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts; (8) Name of public adjuster who executed the contract; (9) Name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and (10) Evidence of financial responsibility in a format prescribed by the commissioner.
(1) Name of the insured;
(2) Date, location and amount of the loss;
(3) Copy of the contract between the public adjuster and insured;
(4) Name of the insurer and, if available, amount, expiration date and number of each policy carried with respect to the loss;
(5) Itemized statement of the insured's recoveries;
(6) Itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss;
(7) A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fees transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts;
(8) Name of public adjuster who executed the contract;
(9) Name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and
(10) Evidence of financial responsibility in a format prescribed by the commissioner.
(b) Records of transactions as a public adjuster shall be maintained for at least five (5) years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.
Acts 2006, ch. 997, § 17.
Tenn. Code Ann. § 56-46-113 — TN Code / Title 56 / Chapter 46 / Section 56-46-113
When notices by commissioner which may result in regulatory action become effective
Status: in_force

All notices by the commissioner to an insurer which may result in regulatory action under this part shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's receipt of such notice. Acts 2014, ch. 559, § 6.
All notices by the commissioner to an insurer which may result in regulatory action under this part shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's receipt of such notice.
Acts 2014, ch. 559, § 6.
Tenn. Code Ann. § 56-6-1004 — TN Code / Title 56 / Chapter 6 / Section 56-6-1004
Standards for licensure
Status: in_force

The commissioner shall promulgate rules to establish the qualifications for the issuance of a license under this part. Such standards shall include the completion of a course of instruction in adjusting crop insurance claims and the passing of an examination testing the applicant's knowledge of how to adjust crop insurance claims. Acts 2009, ch. 476, § 5.
The commissioner shall promulgate rules to establish the qualifications for the issuance of a license under this part. Such standards shall include the completion of a course of instruction in adjusting crop insurance claims and the passing of an examination testing the applicant's knowledge of how to adjust crop insurance claims.
Acts 2009, ch. 476, § 5.
Tenn. Code Ann. § 56-33-106 — TN Code / Title 56 / Chapter 33 / Section 56-33-106
Travel administrator for travel insurance
Status: in_force

(a) Notwithstanding another provision of this title to the contrary, a person shall not act or represent themself as a travel administrator for travel insurance in this state unless that person: (1) Is a licensed property and casualty insurance producer or accident and health insurance producer in this state for activities permitted under that producer license; (2) Holds a valid managing general agent (MGA) license in this state; or (3) Holds a valid third-party administrator (TPA) license in this state. (b) (1) An insurer is responsible for: (A) The acts of a travel administrator administering travel insurance underwritten by the insurer; and (B) Ensuring that the travel administrator maintains all books and records relevant to the insurer. (2) The travel administrator must make the books and records relevant to an insurer available to the commissioner upon request. Acts 2022, ch. 703, § 6.
(a) Notwithstanding another provision of this title to the contrary, a person shall not act or represent themself as a travel administrator for travel insurance in this state unless that person: (1) Is a licensed property and casualty insurance producer or accident and health insurance producer in this state for activities permitted under that producer license; (2) Holds a valid managing general agent (MGA) license in this state; or (3) Holds a valid third-party administrator (TPA) license in this state.
(1) Is a licensed property and casualty insurance producer or accident and health insurance producer in this state for activities permitted under that producer license;
(2) Holds a valid managing general agent (MGA) license in this state; or
(3) Holds a valid third-party administrator (TPA) license in this state.
(b) (1) An insurer is responsible for: (A) The acts of a travel administrator administering travel insurance underwritten by the insurer; and (B) Ensuring that the travel administrator maintains all books and records relevant to the insurer. (2) The travel administrator must make the books and records relevant to an insurer available to the commissioner upon request.
(1) An insurer is responsible for: (A) The acts of a travel administrator administering travel insurance underwritten by the insurer; and (B) Ensuring that the travel administrator maintains all books and records relevant to the insurer.
(A) The acts of a travel administrator administering travel insurance underwritten by the insurer; and
(B) Ensuring that the travel administrator maintains all books and records relevant to the insurer.
(2) The travel administrator must make the books and records relevant to an insurer available to the commissioner upon request.
Acts 2022, ch. 703, § 6.
Tenn. Code Ann. § 56-19-104 — TN Code / Title 56 / Chapter 19 / Section 56-19-104
Articles of incorporation - Execution in duplicate - Submission to commissioner - Filing
Status: in_force

Articles executed in duplicate shall be submitted to the commissioner of commerce and insurance, who, upon finding them to comply with this chapter, shall endorse approval thereon and shall file one (1) in the commissioner's office and shall cause the other to be filed and recorded as may be required in the case of other corporations. Acts 1919, ch. 108, § 4; Shan. Supp., § 3369a58b8; Code 1932, § 6320; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1704.
Articles executed in duplicate shall be submitted to the commissioner of commerce and insurance, who, upon finding them to comply with this chapter, shall endorse approval thereon and shall file one (1) in the commissioner's office and shall cause the other to be filed and recorded as may be required in the case of other corporations.
Acts 1919, ch. 108, § 4; Shan. Supp., § 3369a58b8; Code 1932, § 6320; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1704.