Tenn. Code Ann. § 56-2-909 — TN Code / Title 56 / Chapter 2 / Section 56-2-909
Sanctions
Status: in_force

Any insurer failing, without just cause, to timely file the CGAD as required in this part is required, after notice and a hearing, to pay a civil penalty of one hundred dollars ($100) per day for each day of delay, to be recovered by the commissioner, which must be paid into the general fund of this state. The maximum penalty under this section is ten thousand dollars ($10,000). The commissioner may reduce the civil penalty if the insurer demonstrates to the commissioner that imposition of the civil penalty would constitute a financial hardship to the insurer in the commissioner's sole discretion. Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
Any insurer failing, without just cause, to timely file the CGAD as required in this part is required, after notice and a hearing, to pay a civil penalty of one hundred dollars ($100) per day for each day of delay, to be recovered by the commissioner, which must be paid into the general fund of this state. The maximum penalty under this section is ten thousand dollars ($10,000). The commissioner may reduce the civil penalty if the insurer demonstrates to the commissioner that imposition of the civil penalty would constitute a financial hardship to the insurer in the commissioner's sole discretion.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
Tenn. Code Ann. § 56-7-1021 — TN Code / Title 56 / Chapter 7 / Section 56-7-1021
[Effective 1/1/2026] Electronic insurance cards
Status: in_force

(a) As used in this section: (1) "Electronic insurance card" means a digital or electronic representation of a covered individual's insurance information issued by a health insurance entity, including the policy holder's name, policy number, coverage dates and other relative policy information; (2) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation; and (3) "Healthcare provider" means a physician, hospital, or other person licensed, accredited, or certified to perform specified healthcare services pursuant to title 63, chapter 6 or 9, or title 68. (b) A healthcare provider shall accept an electronic insurance card as valid evidence of an individual's health insurance plan, policy, or contract. Added by 2024 Tenn. Acts, ch. 789,s 1, eff. 1/1/2026.
(a) As used in this section: (1) "Electronic insurance card" means a digital or electronic representation of a covered individual's insurance information issued by a health insurance entity, including the policy holder's name, policy number, coverage dates and other relative policy information; (2) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation; and (3) "Healthcare provider" means a physician, hospital, or other person licensed, accredited, or certified to perform specified healthcare services pursuant to title 63, chapter 6 or 9, or title 68.
(1) "Electronic insurance card" means a digital or electronic representation of a covered individual's insurance information issued by a health insurance entity, including the policy holder's name, policy number, coverage dates and other relative policy information;
(2) "Health insurance entity" means an entity subject to the insurance laws of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, and a nonprofit hospital and medical service corporation; and
(3) "Healthcare provider" means a physician, hospital, or other person licensed, accredited, or certified to perform specified healthcare services pursuant to title 63, chapter 6 or 9, or title 68.
(b) A healthcare provider shall accept an electronic insurance card as valid evidence of an individual's health insurance plan, policy, or contract.
Added by 2024 Tenn. Acts, ch. 789,s 1, eff. 1/1/2026.
Tenn. Code Ann. § 56-2-112 — TN Code / Title 56 / Chapter 2 / Section 56-2-112
Deposits in trust to secure policyholders
Status: in_force

(a) The state treasurer, in an official capacity, shall take and hold in trust deposits made by any domestic insurance company for the purpose of complying with the laws of any other state, to enable the company to do business in the other state, and shall also, in a like manner, take and hold any deposits made by a foreign insurance company under any law of the state. (b) The company making the deposits shall be entitled to the income of the deposits, and may, from time to time, with the consent of the state treasurer, when not forbidden by the law under which the deposits are made, change, in whole or in part, the securities that compose the deposit for other competent securities of equal value. (c) (1) Upon the request of any domestic insurance company, the state treasurer may return to the company the whole or any portion of the securities of the company, when the state treasurer is satisfied that the securities so asked to be returned are subject to no liability, and not required to be longer held by any law or purpose of the original deposit. (2) The state treasurer may return to the trustees or other representatives, authorized for that purpose, of a foreign insurance company, any deposit made by the company, when it appears that the company has ceased to do business in the state, and is under no obligations to policyholders or other persons in the state or in the United States, for whose benefit the deposit was made. Acts 1895, ch. 160, § 24; Shan., § 3308; Code 1932, § 6128; T.C.A. (orig. ed.), §§ 56-223, 56-212.
(a) The state treasurer, in an official capacity, shall take and hold in trust deposits made by any domestic insurance company for the purpose of complying with the laws of any other state, to enable the company to do business in the other state, and shall also, in a like manner, take and hold any deposits made by a foreign insurance company under any law of the state.
(b) The company making the deposits shall be entitled to the income of the deposits, and may, from time to time, with the consent of the state treasurer, when not forbidden by the law under which the deposits are made, change, in whole or in part, the securities that compose the deposit for other competent securities of equal value.
(c) (1) Upon the request of any domestic insurance company, the state treasurer may return to the company the whole or any portion of the securities of the company, when the state treasurer is satisfied that the securities so asked to be returned are subject to no liability, and not required to be longer held by any law or purpose of the original deposit. (2) The state treasurer may return to the trustees or other representatives, authorized for that purpose, of a foreign insurance company, any deposit made by the company, when it appears that the company has ceased to do business in the state, and is under no obligations to policyholders or other persons in the state or in the United States, for whose benefit the deposit was made.
(1) Upon the request of any domestic insurance company, the state treasurer may return to the company the whole or any portion of the securities of the company, when the state treasurer is satisfied that the securities so asked to be returned are subject to no liability, and not required to be longer held by any law or purpose of the original deposit.
(2) The state treasurer may return to the trustees or other representatives, authorized for that purpose, of a foreign insurance company, any deposit made by the company, when it appears that the company has ceased to do business in the state, and is under no obligations to policyholders or other persons in the state or in the United States, for whose benefit the deposit was made.
Acts 1895, ch. 160, § 24; Shan., § 3308; Code 1932, § 6128; T.C.A. (orig. ed.), §§ 56-223, 56-212.
Tenn. Code Ann. § 56-19-113 — TN Code / Title 56 / Chapter 19 / Section 56-19-113
Maximum premium to be stated - Cash and contingent premiums
Status: in_force

(a) The maximum premium payable by any member shall be expressed in the policy or in the application for the insurance. The maximum premium may be a cash premium and the contingent premium not less than the cash premium, or may be solely a cash premium. (b) No policy shall be issued for a cash premium without an additional contingent premium, unless the company has a surplus of at least one hundred thousand dollars ($100,000) or a surplus that is not less in amount than the capital stock required of domestic stock insurance companies transacting the same kinds of insurance. Acts 1919, ch. 108, § 10; Shan. Supp., § 3369a58b16; Code 1932, § 6328; T.C.A. (orig. ed.), § 56-1713.
(a) The maximum premium payable by any member shall be expressed in the policy or in the application for the insurance. The maximum premium may be a cash premium and the contingent premium not less than the cash premium, or may be solely a cash premium.
(b) No policy shall be issued for a cash premium without an additional contingent premium, unless the company has a surplus of at least one hundred thousand dollars ($100,000) or a surplus that is not less in amount than the capital stock required of domestic stock insurance companies transacting the same kinds of insurance.
Acts 1919, ch. 108, § 10; Shan. Supp., § 3369a58b16; Code 1932, § 6328; T.C.A. (orig. ed.), § 56-1713.
Tenn. Code Ann. § 56-7-3402 — TN Code / Title 56 / Chapter 7 / Section 56-7-3402
Construction with Uniform Unclaimed Property Act
Status: in_force

Nothing in this part shall supersede the Uniform Unclaimed Property Act, compiled in title 66, chapter 29, part 1. Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
Nothing in this part shall supersede the Uniform Unclaimed Property Act, compiled in title 66, chapter 29, part 1.
Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 56-31-120 — TN Code / Title 56 / Chapter 31 / Section 56-31-120
Orders of commissioner - Publication of regulations - Subscription contracts - Rates
Status: in_force

After the issuance of a certificate of authority, the commissioner shall be empowered to issue orders or to publish regulations necessary for the proper enforcement of this chapter that the commissioner deems to be in the public interest. The published regulations of the commissioner shall have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly. Acts 1969, ch. 118, § 21; T.C.A., § 56-3720.
After the issuance of a certificate of authority, the commissioner shall be empowered to issue orders or to publish regulations necessary for the proper enforcement of this chapter that the commissioner deems to be in the public interest. The published regulations of the commissioner shall have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly.
Acts 1969, ch. 118, § 21; T.C.A., § 56-3720.
Tenn. Code Ann. § 56-7-1401 — TN Code / Title 56 / Chapter 7 / Section 56-7-1401
Short title
Status: in_force

This part shall be known and may be cited as the "Medicare Supplemental Insurance Protection Act of 1988." Acts 1988, ch. 989, § 3.
This part shall be known and may be cited as the "Medicare Supplemental Insurance Protection Act of 1988."
Acts 1988, ch. 989, § 3.
Tenn. Code Ann. § 56-31-112 — TN Code / Title 56 / Chapter 31 / Section 56-31-112
Investment of funds
Status: in_force

The funds of the vision 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 1969, ch. 118, § 13; T.C.A., § 56-3712.
The funds of the vision 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 1969, ch. 118, § 13; T.C.A., § 56-3712.
Tenn. Code Ann. § 56-25-202 — TN Code / Title 56 / Chapter 25 / Section 56-25-202
Meetings - Publications - Annual statement - Grievance procedures
Status: in_force

(a) The meetings of its supreme governing body may be held in any state, district, province or territory wherein the society has at least one (1) subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at the meetings shall be valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language. (b) (1) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notice, report or statement shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication. (c) A society may provide in its laws or rules for grievance or complaint procedures for members. Acts 1990, ch. 703, § 1.
(a) The meetings of its supreme governing body may be held in any state, district, province or territory wherein the society has at least one (1) subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at the meetings shall be valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.
(b) (1) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notice, report or statement shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication.
(1) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notice, report or statement shall be printed conspicuously in the publication. If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
(2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication.
(c) A society may provide in its laws or rules for grievance or complaint procedures for members.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-16-104 — TN Code / Title 56 / Chapter 16 / Section 56-16-104
Applicable laws
Status: in_force

Except as otherwise provided, all the provisions of this title relating to insurers generally, and those relating to insurers writing the same classes of insurance that reciprocals are permitted to write, are applicable to reciprocals. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-204 .
Except as otherwise provided, all the provisions of this title relating to insurers generally, and those relating to insurers writing the same classes of insurance that reciprocals are permitted to write, are applicable to reciprocals.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-204 .
Tenn. Code Ann. § 56-9-332 — TN Code / Title 56 / Chapter 9 / Section 56-9-332
Payment of distributions by liquidator
Status: in_force

Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court. Acts 1991, ch. 142, § 4.
Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-31-114 — TN Code / Title 56 / Chapter 31 / Section 56-31-114
Purchase of liability insurance authorized
Status: in_force

A vision service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation or any optometrist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any optometrist in the course of rendering vision services to beneficiaries. Acts 1969, ch. 118, § 15; T.C.A., §56-3714; Acts 2012 , ch. 798, § 25.
A vision service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation or any optometrist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any optometrist in the course of rendering vision services to beneficiaries.
Acts 1969, ch. 118, § 15; T.C.A., §56-3714; Acts 2012 , ch. 798, § 25.
Tenn. Code Ann. § 56-59-107 — TN Code / Title 56 / Chapter 59 / Section 56-59-107
Lease or sale associated with a commercial transaction - Applicability of specified sections
Status: in_force

(a) Sections 56-59-103(c) , 56-59-105 and 56-59-108 are not applicable to a GAP waiver offered in connection with a lease or sale associated with a commercial transaction. (b) For purposes of subsection (a), "commercial transaction" means a transaction involving the sale or lease of a motor vehicle that is intended or will be used primarily for a purpose other than personal, family or household use. Acts 2008, ch. 1055, § 8.
(a) Sections 56-59-103(c) , 56-59-105 and 56-59-108 are not applicable to a GAP waiver offered in connection with a lease or sale associated with a commercial transaction.
(b) For purposes of subsection (a), "commercial transaction" means a transaction involving the sale or lease of a motor vehicle that is intended or will be used primarily for a purpose other than personal, family or household use.
Acts 2008, ch. 1055, § 8.
Tenn. Code Ann. § 56-7-602 — TN Code / Title 56 / Chapter 7 / Section 56-7-602
Part definitions
Status: in_force

As used in this part: (1) "Allowed amount" means the contractually agreed upon payment amount between a carrier and a healthcare entity participating in the carrier's network, excluding any member deductible, co-pay, or other obligation; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Comparable healthcare service" includes, but is not limited to: (A) Physical and occupational therapy services; (B) Radiology and imaging services; (C) Laboratory services; and (D) Infusion therapy; (4) "Department" means the department of commerce and insurance; (5) "Emergency medical service" means the service used in responding to the perceived individual need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury; (6) "Health plan" means health insurance coverage as defined in § 56-7-109 ; (7) "Healthcare entity" means: (A) Any healthcare facility licensed under title 33 or 68; and (B) Any healthcare provider licensed under title 63 or 68; (8) "Healthcare service": (A) Means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease; (B) Includes a prescription drug or device; and (C) Does not include an emergency medical service; (9) "Insurance carrier" or "carrier" means a health insurance entity as defined in § 56-7-109 ; and (10) "Shopping and decision support program" means the program established by a carrier pursuant to this part. Amended by 2023 Tenn. Acts, ch. 244, s 1, eff. 7/1/2023. Acts 2019, ch. 407, § 1.
As used in this part:
(1) "Allowed amount" means the contractually agreed upon payment amount between a carrier and a healthcare entity participating in the carrier's network, excluding any member deductible, co-pay, or other obligation;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Comparable healthcare service" includes, but is not limited to: (A) Physical and occupational therapy services; (B) Radiology and imaging services; (C) Laboratory services; and (D) Infusion therapy;
(A) Physical and occupational therapy services;
(B) Radiology and imaging services;
(C) Laboratory services; and
(D) Infusion therapy;
(4) "Department" means the department of commerce and insurance;
(5) "Emergency medical service" means the service used in responding to the perceived individual need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury;
(6) "Health plan" means health insurance coverage as defined in § 56-7-109 ;
(7) "Healthcare entity" means: (A) Any healthcare facility licensed under title 33 or 68; and (B) Any healthcare provider licensed under title 63 or 68;
(A) Any healthcare facility licensed under title 33 or 68; and
(B) Any healthcare provider licensed under title 63 or 68;
(8) "Healthcare service": (A) Means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease; (B) Includes a prescription drug or device; and (C) Does not include an emergency medical service;
(A) Means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease;
(B) Includes a prescription drug or device; and
(C) Does not include an emergency medical service;
(9) "Insurance carrier" or "carrier" means a health insurance entity as defined in § 56-7-109 ; and
(10) "Shopping and decision support program" means the program established by a carrier pursuant to this part.
Amended by 2023 Tenn. Acts, ch. 244, s 1, eff. 7/1/2023.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-6-901 — TN Code / Title 56 / Chapter 6 / Section 56-6-901
Short title - Scope of part
Status: in_force

(a) This part shall be known and may be cited as the "Tennessee Public Adjuster Licensing Act of 2006." (b) This part governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims. Acts 2006, ch. 997, § 2.
(a) This part shall be known and may be cited as the "Tennessee Public Adjuster Licensing Act of 2006."
(b) This part governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims.
Acts 2006, ch. 997, § 2.
Tenn. Code Ann. § 56-42-102 — TN Code / Title 56 / Chapter 42 / Section 56-42-102
Purpose - Applicability
Status: in_force

(a) The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies and to facilitate flexibility and innovation in the development of long-term care insurance coverage. (b) The requirements of this chapter apply to policies delivered or issued for delivery in this state on or after July 1, 2008. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance. Acts 1988, ch. 873, §§1, 2; 2008 , ch. 1058, § 1.
(a) The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies and to facilitate flexibility and innovation in the development of long-term care insurance coverage.
(b) The requirements of this chapter apply to policies delivered or issued for delivery in this state on or after July 1, 2008. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance.
Acts 1988, ch. 873, §§1, 2; 2008 , ch. 1058, § 1.
Tenn. Code Ann. § 56-3-501 — TN Code / Title 56 / Chapter 3 / Section 56-3-501
Separate accounts - Allocation
Status: in_force

(a) (1) Any domestic life insurance company may, subject to the approval of the commissioner, establish one (1) or more separate accounts and may allocate to the separate account or accounts any amounts paid to the company, including, but not limited to, proceeds applied under optional modes of settlement or under dividend options, which are to be applied to the terms of an individual or group contract issued in connection therewith to fund pension or profit-sharing plans or to provide life insurance or annuity benefits, and benefits incidental to the life insurance or annuities, payable in fixed or in variable amounts, or in both. (2) If and to the extent so provided under the applicable contracts, the assets of the separate account shall not be chargeable with liabilities arising out of any other business the company may conduct. (b) The company may provide for the owners of the contracts voting rights with respect to management of the separate accounts and investment of the assets of the accounts, and shall have the power to do all things necessary under any applicable state or federal law in order that the contracts may be lawfully sold or offered for sale. (c) This section shall not in any way affect existing laws pertaining to the voting rights of the company's policyholders. Acts 1967, ch. 353, § 1; T.C.A., § 56-258; Acts 1968, ch. 450, § 1; 1970, ch. 493, § 1; T.C.A., § 56-312; Acts 1993, ch. 253, § 20.
(a) (1) Any domestic life insurance company may, subject to the approval of the commissioner, establish one (1) or more separate accounts and may allocate to the separate account or accounts any amounts paid to the company, including, but not limited to, proceeds applied under optional modes of settlement or under dividend options, which are to be applied to the terms of an individual or group contract issued in connection therewith to fund pension or profit-sharing plans or to provide life insurance or annuity benefits, and benefits incidental to the life insurance or annuities, payable in fixed or in variable amounts, or in both. (2) If and to the extent so provided under the applicable contracts, the assets of the separate account shall not be chargeable with liabilities arising out of any other business the company may conduct.
(1) Any domestic life insurance company may, subject to the approval of the commissioner, establish one (1) or more separate accounts and may allocate to the separate account or accounts any amounts paid to the company, including, but not limited to, proceeds applied under optional modes of settlement or under dividend options, which are to be applied to the terms of an individual or group contract issued in connection therewith to fund pension or profit-sharing plans or to provide life insurance or annuity benefits, and benefits incidental to the life insurance or annuities, payable in fixed or in variable amounts, or in both.
(2) If and to the extent so provided under the applicable contracts, the assets of the separate account shall not be chargeable with liabilities arising out of any other business the company may conduct.
(b) The company may provide for the owners of the contracts voting rights with respect to management of the separate accounts and investment of the assets of the accounts, and shall have the power to do all things necessary under any applicable state or federal law in order that the contracts may be lawfully sold or offered for sale.
(c) This section shall not in any way affect existing laws pertaining to the voting rights of the company's policyholders.
Acts 1967, ch. 353, § 1; T.C.A., § 56-258; Acts 1968, ch. 450, § 1; 1970, ch. 493, § 1; T.C.A., § 56-312; Acts 1993, ch. 253, § 20.
Tenn. Code Ann. § 56-31-131 — TN Code / Title 56 / Chapter 31 / Section 56-31-131
Laws relating to practice of medicine or surgery or optometry or other insurance not affected
Status: in_force

Nothing in this chapter shall be construed to modify or repeal any law, or parts of law, now in force relating to the practice of medicine or surgery, or to the practice of optometry, or to the regulation of life, accident, health or casualty insurance, except as it is inconsistent with this chapter. Acts 1969, ch. 118, § 31; T.C.A., § 56-3731.
Nothing in this chapter shall be construed to modify or repeal any law, or parts of law, now in force relating to the practice of medicine or surgery, or to the practice of optometry, or to the regulation of life, accident, health or casualty insurance, except as it is inconsistent with this chapter.
Acts 1969, ch. 118, § 31; T.C.A., § 56-3731.
Tenn. Code Ann. § 56-13-108 — TN Code / Title 56 / Chapter 13 / Section 56-13-108
Annual reports
Status: in_force

(a) No captive insurance companies shall be required to make any annual report except as provided in this chapter and as required by title 48 and title 61. (b) Prior to March 15 of each year, each captive insurance company shall submit to the commissioner a report of its financial condition, verified by oath of two (2) of its executive officers; provided, however, that a captive insurance company organized as a risk retention group shall instead submit to the commissioner a report of its financial condition prior to March 1 of each year, verified by oath of two (2) of its executive officers. Each captive insurance company, including risk retention groups organized under this chapter, shall report using generally accepted accounting principles, unless the commissioner requires, approves, or accepts the use of statutory accounting principles or other comprehensive basis of accounting. The commissioner may require, approve, or accept any appropriate or necessary modifications of the statutory accounting principles or other comprehensive basis of accounting for the type of insurance and kinds of insurers to be reported upon. The commissioner may require additional information to supplement such report. Except as otherwise provided, each risk retention group shall file its report in the form required by this title, and each risk retention group shall comply with the requirements set forth in this title. The commissioner shall by rule propose the forms in which pure captive insurance companies and industrial insured captive insurance companies shall report. Section 56-13-103(c)(3) shall apply to each report filed pursuant to this section; provided, that § 56-13-103(c)(3) shall not apply to reports filed by risk retention groups. (c) A captive insurance company, except for a risk retention group, may make written application to the commissioner for filing the required report on a fiscal year-end. If an alternative reporting date is granted by the commissioner, then: (1) The annual report is due seventy-five (75) days after the fiscal year-end; and (2) In order to provide sufficient detail to support the premium tax return, the pure captive insurance company or industrial insured captive insurance company shall file, prior to March 15 of each year for each calendar year-end, such information as may be required on a form approved by the commissioner, verified by oath of two (2) of its executive officers, unless the commissioner approves an alternative date for filing and paying the premium tax. Amended by 2024 Tenn. Acts, ch. 643,s 8, eff. 4/4/2024. Amended by 2021 Tenn. Acts, ch. 537, s 15, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 537, s 14, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 1018, Secs.s 6, s 7 eff. 4/28/2016. Amended by 2015 Tenn. Acts, ch. 156, s 7, eff. 4/17/2015. Acts 2011 , ch. 468, § 1.
(a) No captive insurance companies shall be required to make any annual report except as provided in this chapter and as required by title 48 and title 61.
(b) Prior to March 15 of each year, each captive insurance company shall submit to the commissioner a report of its financial condition, verified by oath of two (2) of its executive officers; provided, however, that a captive insurance company organized as a risk retention group shall instead submit to the commissioner a report of its financial condition prior to March 1 of each year, verified by oath of two (2) of its executive officers. Each captive insurance company, including risk retention groups organized under this chapter, shall report using generally accepted accounting principles, unless the commissioner requires, approves, or accepts the use of statutory accounting principles or other comprehensive basis of accounting. The commissioner may require, approve, or accept any appropriate or necessary modifications of the statutory accounting principles or other comprehensive basis of accounting for the type of insurance and kinds of insurers to be reported upon. The commissioner may require additional information to supplement such report. Except as otherwise provided, each risk retention group shall file its report in the form required by this title, and each risk retention group shall comply with the requirements set forth in this title. The commissioner shall by rule propose the forms in which pure captive insurance companies and industrial insured captive insurance companies shall report. Section 56-13-103(c)(3) shall apply to each report filed pursuant to this section; provided, that § 56-13-103(c)(3) shall not apply to reports filed by risk retention groups.
(c) A captive insurance company, except for a risk retention group, may make written application to the commissioner for filing the required report on a fiscal year-end. If an alternative reporting date is granted by the commissioner, then: (1) The annual report is due seventy-five (75) days after the fiscal year-end; and (2) In order to provide sufficient detail to support the premium tax return, the pure captive insurance company or industrial insured captive insurance company shall file, prior to March 15 of each year for each calendar year-end, such information as may be required on a form approved by the commissioner, verified by oath of two (2) of its executive officers, unless the commissioner approves an alternative date for filing and paying the premium tax.
(1) The annual report is due seventy-five (75) days after the fiscal year-end; and
(2) In order to provide sufficient detail to support the premium tax return, the pure captive insurance company or industrial insured captive insurance company shall file, prior to March 15 of each year for each calendar year-end, such information as may be required on a form approved by the commissioner, verified by oath of two (2) of its executive officers, unless the commissioner approves an alternative date for filing and paying the premium tax.
Amended by 2024 Tenn. Acts, ch. 643,s 8, eff. 4/4/2024.
Amended by 2021 Tenn. Acts, ch. 537, s 15, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 537, s 14, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 1018, Secs.s 6, s 7 eff. 4/28/2016.
Amended by 2015 Tenn. Acts, ch. 156, s 7, eff. 4/17/2015.
Acts 2011 , ch. 468, § 1.
Tenn. Code Ann. § 56-7-2353 — TN Code / Title 56 / Chapter 7 / Section 56-7-2353
Coverage of dental procedures performed on certain minors in hospitals
Status: in_force

(a) Any accident or sickness insurance or hospital, medical service contract or policy under this chapter or chapter 26, 27, 28, 29 or 32 of this title that takes effect on or after July 1, 1997, shall provide for reimbursement of anesthesia expenses, hospital expenses and physician expenses associated with any inpatient/outpatient hospital dental procedure where: (1) The expense is covered under the contract or policy; and (2) The procedure is performed on a minor eight (8) years of age or younger and cannot be safely performed in a dental office setting. (b) The benefit provided for by this section shall be subject to the same annual deductibles or co-insurance established for all other covered benefits within a given plan, policy or contract. Private third party payors may not reduce or eliminate coverage due to the requirements of this section. Nothing contained in this section shall be construed as applying to medical assistance programs funded with state and federal funds, if the programs require provision of services as medically necessary. Acts 1997, ch. 363, § 1.
(a) Any accident or sickness insurance or hospital, medical service contract or policy under this chapter or chapter 26, 27, 28, 29 or 32 of this title that takes effect on or after July 1, 1997, shall provide for reimbursement of anesthesia expenses, hospital expenses and physician expenses associated with any inpatient/outpatient hospital dental procedure where: (1) The expense is covered under the contract or policy; and (2) The procedure is performed on a minor eight (8) years of age or younger and cannot be safely performed in a dental office setting.
(1) The expense is covered under the contract or policy; and
(2) The procedure is performed on a minor eight (8) years of age or younger and cannot be safely performed in a dental office setting.
(b) The benefit provided for by this section shall be subject to the same annual deductibles or co-insurance established for all other covered benefits within a given plan, policy or contract. Private third party payors may not reduce or eliminate coverage due to the requirements of this section. Nothing contained in this section shall be construed as applying to medical assistance programs funded with state and federal funds, if the programs require provision of services as medically necessary.
Acts 1997, ch. 363, § 1.
Tenn. Code Ann. § 56-2-203 — TN Code / Title 56 / Chapter 2 / Section 56-2-203
Life insurance - Annuity or contract loans - Trusts accepted and executed
Status: in_force

The company has the further right to insure the lives of persons, and engage in the general business of life insurance, and, coupled with that right, the right to grant and sell annuity, or contract loans based on life annuity, with benefit of survivorship, and accept and execute all legal trusts that may be confided to it. Acts 1875, ch. 142, § 10; Shan., § 2261; Code 1932, § 3974; T.C.A. (orig. ed.), §§ 56-206, 56-220.
The company has the further right to insure the lives of persons, and engage in the general business of life insurance, and, coupled with that right, the right to grant and sell annuity, or contract loans based on life annuity, with benefit of survivorship, and accept and execute all legal trusts that may be confided to it.
Acts 1875, ch. 142, § 10; Shan., § 2261; Code 1932, § 3974; T.C.A. (orig. ed.), §§ 56-206, 56-220.
Tenn. Code Ann. § 56-28-109 — TN Code / Title 56 / Chapter 28 / Section 56-28-109
Reserves
Status: in_force

The service corporation shall maintain at all times proper reserves subject to the approval of the commissioner for unearned subscription fees and unearned premiums and for unpaid hospital bills, including provision for unreported and undischarged hospital cases, and other known liabilities. In addition, a contingency or epidemic reserve shall be accumulated annually at the rate of not less than two and one half percent (2.5%) of net premium income. When the contingency or epidemic reserve equals seventy-five thousand dollars ($75,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, further accumulations may be discontinued for any length of time that they are not needed to meet the requirement of this section. Acts 1945, ch. 98, § 9; C. Supp. 1950, § 4186.9; T.C.A. (orig. ed.), § 56-3009.
The service corporation shall maintain at all times proper reserves subject to the approval of the commissioner for unearned subscription fees and unearned premiums and for unpaid hospital bills, including provision for unreported and undischarged hospital cases, and other known liabilities. In addition, a contingency or epidemic reserve shall be accumulated annually at the rate of not less than two and one half percent (2.5%) of net premium income. When the contingency or epidemic reserve equals seventy-five thousand dollars ($75,000), or fifty-five percent (55%) of the annual premium income, whichever is higher, further accumulations may be discontinued for any length of time that they are not needed to meet the requirement of this section.
Acts 1945, ch. 98, § 9; C. Supp. 1950, § 4186.9; T.C.A. (orig. ed.), § 56-3009.
Tenn. Code Ann. § 56-3-502 — TN Code / Title 56 / Chapter 3 / Section 56-3-502
Investment of amounts allocated to separate accounts
Status: in_force

The amounts allocated to each account and accumulations on the account may be invested and reinvested in any class of investments which may be authorized in the agreement without regard to any requirements or limitations prescribed by the laws of this state governing the investments of life insurance companies; provided, that to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of the separate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investments of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company. Acts 1967, ch. 353, § 2; T.C.A., §§ 56-259, 56-313.
The amounts allocated to each account and accumulations on the account may be invested and reinvested in any class of investments which may be authorized in the agreement without regard to any requirements or limitations prescribed by the laws of this state governing the investments of life insurance companies; provided, that to the extent that the company's reserve liability with regard to benefits guaranteed as to amount and duration and funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of the separate account at least equal to the reserve liability shall be invested in accordance with the laws of this state governing the investments of life insurance companies. The investments in the separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company.
Acts 1967, ch. 353, § 2; T.C.A., §§ 56-259, 56-313.
Tenn. Code Ann. § 56-37-102 — TN Code / Title 56 / Chapter 37 / Section 56-37-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of financial institutions; (2) "Licensee" means a premium finance company holding a license issued under this chapter; (3) "Person" means an individual, partnership, association, business corporation, nonprofit corporation, common law trust, joint-stock company or any other group of individuals however organized; (4) "Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or producing agent in payment of premiums of an insurance contract, together with interest and a service charge as authorized and limited by this chapter; (5) "Premium finance company" means a person engaged in the business of entering into premium finance agreements or acquiring premium finance agreements from other premium finance companies; and (6) "Premiums financed" means any interest assigned pursuant to a premium finance agreement or other assignment in or relating to an insurance policy or contract of insurance, to the extent of the rights retained by an assignor or assignee of that policy or contract of insurance for the refund of premiums and related charges paid. Amended by 2013 Tenn. Acts, ch. 121,s 1, eff. 4/12/2013. Acts 1980, ch. 920, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of financial institutions;
(2) "Licensee" means a premium finance company holding a license issued under this chapter;
(3) "Person" means an individual, partnership, association, business corporation, nonprofit corporation, common law trust, joint-stock company or any other group of individuals however organized;
(4) "Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or producing agent in payment of premiums of an insurance contract, together with interest and a service charge as authorized and limited by this chapter;
(5) "Premium finance company" means a person engaged in the business of entering into premium finance agreements or acquiring premium finance agreements from other premium finance companies; and
(6) "Premiums financed" means any interest assigned pursuant to a premium finance agreement or other assignment in or relating to an insurance policy or contract of insurance, to the extent of the rights retained by an assignor or assignee of that policy or contract of insurance for the refund of premiums and related charges paid.
Amended by 2013 Tenn. Acts, ch. 121,s 1, eff. 4/12/2013.
Acts 1980, ch. 920, § 2.
Tenn. Code Ann. § 56-26-113 — TN Code / Title 56 / Chapter 26 / Section 56-26-113
Requirements of other jurisdictions
Status: in_force

(a) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision that is not less favorable to the insured or the beneficiary than the provisions of this chapter and that is prescribed or required by the law of the state under which the insurer is organized. (b) Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of the other state or country. Acts 1955, ch. 4, § 4; T.C.A., § 56-3313.
(a) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision that is not less favorable to the insured or the beneficiary than the provisions of this chapter and that is prescribed or required by the law of the state under which the insurer is organized.
(b) Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of the other state or country.
Acts 1955, ch. 4, § 4; T.C.A., § 56-3313.
Tenn. Code Ann. § 56-7-2101 — TN Code / Title 56 / Chapter 7 / Section 56-7-2101
"Pet" defined
Status: in_force

As used in this part, "pet" means any domesticated animal normally maintained in or near the household of its owner. Acts 1992, ch. 598, § 1.
As used in this part, "pet" means any domesticated animal normally maintained in or near the household of its owner.
Acts 1992, ch. 598, § 1.
Tenn. Code Ann. § 56-32-120 — TN Code / Title 56 / Chapter 32 / Section 56-32-120
Administrative penalty - Cease and desist orders - Injunctions
Status: in_force

(a) The commissioner may, in lieu of suspension or revocation of a certificate of authority under § 56-32-118 , levy an administrative penalty in an amount not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), if reasonable notice in writing is given of the intent to levy the penalty and the HMO has a reasonable time within which to remedy the defect in its operations that gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that the commissioner calculates to be the damages suffered by enrollees or other members of the public. (b) (1) The commissioner may issue an order directing an HMO or a representative of an HMO to cease and desist from engaging in any act or practice in violation of this chapter. (2) Within fifteen (15) days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) In the case of any violation of this chapter, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection (b), the commissioner may institute a proceeding to obtain injunctive or other appropriate relief in the chancery court of Davidson County. Acts 1986, ch. 713, § 20; T.C.A. § 56-32-220.
(a) The commissioner may, in lieu of suspension or revocation of a certificate of authority under § 56-32-118 , levy an administrative penalty in an amount not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), if reasonable notice in writing is given of the intent to levy the penalty and the HMO has a reasonable time within which to remedy the defect in its operations that gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that the commissioner calculates to be the damages suffered by enrollees or other members of the public.
(b) (1) The commissioner may issue an order directing an HMO or a representative of an HMO to cease and desist from engaging in any act or practice in violation of this chapter. (2) Within fifteen (15) days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) The commissioner may issue an order directing an HMO or a representative of an HMO to cease and desist from engaging in any act or practice in violation of this chapter.
(2) Within fifteen (15) days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) In the case of any violation of this chapter, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection (b), the commissioner may institute a proceeding to obtain injunctive or other appropriate relief in the chancery court of Davidson County.
Acts 1986, ch. 713, § 20; T.C.A. § 56-32-220.
Tenn. Code Ann. § 56-1-918 — TN Code / Title 56 / Chapter 1 / Section 56-1-918
Single state exemption
Status: in_force

(a) The commissioner may exempt specific product forms or product lines of a domestic company that is licensed and doing business only in this state from § 56-1-914 ; provided, that: (1) The commissioner has issued an exemption in writing to the company and has not subsequently revoked the exemption in writing; and (2) The company computes reserves using assumptions and methods used prior to the operative date of the valuation manual in addition to any requirements established by the commissioner and promulgated by regulation. (b) For any company granted an exemption under this section, §§ 56-1-903 - 56-1-913 shall be applicable. With respect to any company applying this exemption, any reference to § 56-1-914 found in §§ 56-1-903 - 56-1-913 shall not be applicable. Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
(a) The commissioner may exempt specific product forms or product lines of a domestic company that is licensed and doing business only in this state from § 56-1-914 ; provided, that: (1) The commissioner has issued an exemption in writing to the company and has not subsequently revoked the exemption in writing; and (2) The company computes reserves using assumptions and methods used prior to the operative date of the valuation manual in addition to any requirements established by the commissioner and promulgated by regulation.
(1) The commissioner has issued an exemption in writing to the company and has not subsequently revoked the exemption in writing; and
(2) The company computes reserves using assumptions and methods used prior to the operative date of the valuation manual in addition to any requirements established by the commissioner and promulgated by regulation.
(b) For any company granted an exemption under this section, §§ 56-1-903 - 56-1-913 shall be applicable. With respect to any company applying this exemption, any reference to § 56-1-914 found in §§ 56-1-903 - 56-1-913 shall not be applicable.
Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-6-1404 — TN Code / Title 56 / Chapter 6 / Section 56-6-1404
Registered travel retailer authorized to offer and disseminate travel insurance on behalf of travel insurance supervising entity
Status: in_force

Notwithstanding any other law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a travel insurance supervising entity meeting the conditions stated in this part, is authorized to do so and receive related compensation for such services, upon registration by the travel insurance supervising entity pursuant to § 56-6-1403(a)(2)(B) . Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Notwithstanding any other law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a travel insurance supervising entity meeting the conditions stated in this part, is authorized to do so and receive related compensation for such services, upon registration by the travel insurance supervising entity pursuant to § 56-6-1403(a)(2)(B) .
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Tenn. Code Ann. § 56-13-417 — TN Code / Title 56 / Chapter 13 / Section 56-13-417
Cessation of business
Status: in_force

At the cessation of business of an SPFC following termination or cancellation of an SPFC contract and the redemption of any related securities issued in connection with the SPFC contract, the authority granted by the commissioner expires or, in the case of retiring and surviving protected cells, is modified, and the SPFC is no longer authorized to conduct activities unless and until a new or modified certificate of authority is issued pursuant to a new filing under this part or as agreed by the commissioner. Acts 2011, ch. 468, § 1.
At the cessation of business of an SPFC following termination or cancellation of an SPFC contract and the redemption of any related securities issued in connection with the SPFC contract, the authority granted by the commissioner expires or, in the case of retiring and surviving protected cells, is modified, and the SPFC is no longer authorized to conduct activities unless and until a new or modified certificate of authority is issued pursuant to a new filing under this part or as agreed by the commissioner.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-2-702 — TN Code / Title 56 / Chapter 2 / Section 56-2-702
Part definitions
Status: in_force

As used in this part: (1) "Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located in the reciprocal state, against any insurer incorporated or authorized to do business in this state; (2) "Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state; and (3) "Reciprocal state" means any state or territory of the United States, the laws of which contain procedures substantially similar to those specified in this part for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in the state or territory. Acts 1969, ch. 315, § 1; T.C.A., § 56-261.
As used in this part:
(1) "Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located in the reciprocal state, against any insurer incorporated or authorized to do business in this state;
(2) "Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state; and
(3) "Reciprocal state" means any state or territory of the United States, the laws of which contain procedures substantially similar to those specified in this part for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in the state or territory.
Acts 1969, ch. 315, § 1; T.C.A., § 56-261.
Tenn. Code Ann. § 56-14-104 — TN Code / Title 56 / Chapter 14 / Section 56-14-104
Surplus lines agent's license
Status: in_force

(a) The commissioner may issue a surplus lines license to any agent licensed pursuant to chapter 6 of this title. Such license shall grant the agent authority to procure the kinds of insurance provided for in this chapter from unauthorized companies in this state under the conditions prescribed in this chapter. (b) Every license issued pursuant to this section shall be for a twenty-four month term. A license fee in the amount of one hundred twenty dollars ($120) shall be paid to the commissioner in advance of issuance or renewal of a license. Licenses expiring on December 31, 2011, shall be extended until the next scheduled renewal of a producer's license issued under chapter 6 of this title and may be renewed biennially thereafter. New licenses issued on or after January 1, 2012, may be renewed for ensuing periods of twenty-four (24) months expiring on the last day of the producer's birth month. (c) Before the commissioner may issue or renew a license, the agent seeking licensure or renewal of a license shall file an application in a form that the commissioner prescribes. (d) Before a license is issued, the applicant shall hold a valid license from the department authorizing the applicant to write the coverages provided for in this chapter with a company licensed to transact business in this state. The commissioner may participate in the NAIC producer licensing database. (e) An agent licensed pursuant to this section may accept insurance provided for in this chapter from any insurance producer licensed pursuant to chapter 6 of this title and place that insurance with an eligible surplus lines insurer licensed pursuant to this chapter. The agent may compensate the insurance producer according to § 56-14-115 . Amended by 2018 Tenn. Acts, ch. 580, s 1, eff. 3/16/2018. Acts 1969, ch. 270, § 4; T.C.A., § 56-3804; Acts 2001, ch. 333, § 5; 2011 , ch. 446, § 1.
(a) The commissioner may issue a surplus lines license to any agent licensed pursuant to chapter 6 of this title. Such license shall grant the agent authority to procure the kinds of insurance provided for in this chapter from unauthorized companies in this state under the conditions prescribed in this chapter.
(b) Every license issued pursuant to this section shall be for a twenty-four month term. A license fee in the amount of one hundred twenty dollars ($120) shall be paid to the commissioner in advance of issuance or renewal of a license. Licenses expiring on December 31, 2011, shall be extended until the next scheduled renewal of a producer's license issued under chapter 6 of this title and may be renewed biennially thereafter. New licenses issued on or after January 1, 2012, may be renewed for ensuing periods of twenty-four (24) months expiring on the last day of the producer's birth month.
(c) Before the commissioner may issue or renew a license, the agent seeking licensure or renewal of a license shall file an application in a form that the commissioner prescribes.
(d) Before a license is issued, the applicant shall hold a valid license from the department authorizing the applicant to write the coverages provided for in this chapter with a company licensed to transact business in this state. The commissioner may participate in the NAIC producer licensing database.
(e) An agent licensed pursuant to this section may accept insurance provided for in this chapter from any insurance producer licensed pursuant to chapter 6 of this title and place that insurance with an eligible surplus lines insurer licensed pursuant to this chapter. The agent may compensate the insurance producer according to § 56-14-115 .
Amended by 2018 Tenn. Acts, ch. 580, s 1, eff. 3/16/2018.
Acts 1969, ch. 270, § 4; T.C.A., § 56-3804; Acts 2001, ch. 333, § 5; 2011 , ch. 446, § 1.
Tenn. Code Ann. § 56-7-102 — TN Code / Title 56 / Chapter 7 / Section 56-7-102
Policies to contain entire contract - Exceptions - Construed as Tennessee contracts - Rules of construction - Duty to defend - Determination of obligations - Assignment
Status: in_force

(a) Every policy of insurance, issued to or for the benefit of any citizen or resident of this state on or after July 1, 1907, by any insurance company or association doing business in this state, except fraternal beneficiary associations and mutual insurance companies or associations operating on the assessment plan, or policies of industrial insurance, shall contain the entire contract of insurance between the parties to the contract, and every contract so issued shall be held as made in this state and construed solely according to the laws of this state. (b) A policy of insurance is a contract and the rules of construction used to interpret a policy of insurance are the same as any other contract. (c) A policy of insurance must be interpreted fairly and reasonably, giving the language of the policy of insurance its ordinary meaning. (d) A policy of insurance must be construed reasonably and logically as a whole. (e) An insurance company's duty to defend depends solely on the allegations contained in the underlying complaint describing acts or events covered by the policy of insurance. This subsection (e) does not impose a duty to defend on an insurance company that has no duty to defend pursuant to this title or that has an express exclusion of the duty to defend in the policy of insurance. (f) An insurance company may determine its obligations under a policy of insurance as to any and all parties or claimants through a declaratory judgment action, an interpleader claim or action, or both. The filing of such action or claim creates a rebuttable presumption the insurance company is acting in good faith when making a determination of its obligations under a policy of insurance. (g) Except as provided in § 56-7-120 , the rights, duties, or benefits provided by a policy of insurance issued under this title may be assigned only as expressly provided by the terms of the policy of insurance or as otherwise expressly allowed by the insurer. Amended by 2021 Tenn. Acts, ch. 67, s 1, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 121, s 1, eff. 4/9/2019. Amended by 2018 Tenn. Acts, ch. 588, s 1, eff. 3/22/2018. Acts 1907, ch. 441, § 1; Shan., § 3275a1; mod. Code 1932, § 6086; T.C.A. (orig. ed.), § 56-1102.
(a) Every policy of insurance, issued to or for the benefit of any citizen or resident of this state on or after July 1, 1907, by any insurance company or association doing business in this state, except fraternal beneficiary associations and mutual insurance companies or associations operating on the assessment plan, or policies of industrial insurance, shall contain the entire contract of insurance between the parties to the contract, and every contract so issued shall be held as made in this state and construed solely according to the laws of this state.
(b) A policy of insurance is a contract and the rules of construction used to interpret a policy of insurance are the same as any other contract.
(c) A policy of insurance must be interpreted fairly and reasonably, giving the language of the policy of insurance its ordinary meaning.
(d) A policy of insurance must be construed reasonably and logically as a whole.
(e) An insurance company's duty to defend depends solely on the allegations contained in the underlying complaint describing acts or events covered by the policy of insurance. This subsection (e) does not impose a duty to defend on an insurance company that has no duty to defend pursuant to this title or that has an express exclusion of the duty to defend in the policy of insurance.
(f) An insurance company may determine its obligations under a policy of insurance as to any and all parties or claimants through a declaratory judgment action, an interpleader claim or action, or both. The filing of such action or claim creates a rebuttable presumption the insurance company is acting in good faith when making a determination of its obligations under a policy of insurance.
(g) Except as provided in § 56-7-120 , the rights, duties, or benefits provided by a policy of insurance issued under this title may be assigned only as expressly provided by the terms of the policy of insurance or as otherwise expressly allowed by the insurer.
Amended by 2021 Tenn. Acts, ch. 67, s 1, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 121, s 1, eff. 4/9/2019.
Amended by 2018 Tenn. Acts, ch. 588, s 1, eff. 3/22/2018.
Acts 1907, ch. 441, § 1; Shan., § 3275a1; mod. Code 1932, § 6086; T.C.A. (orig. ed.), § 56-1102.
Tenn. Code Ann. § 56-6-809 — TN Code / Title 56 / Chapter 6 / Section 56-6-809
Transactions between intermediaries
Status: in_force

(a) A reinsurer shall not engage the services of any person, firm, association or corporation to act as an RM on its behalf unless the person is licensed as required by § 56-6-803(a) . (b) The reinsurer shall annually obtain a copy of statements of the financial condition of each RM that the reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the commissioner. (c) If an RM establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the RM. This opinion shall be in addition to any other required loss reserve certification. (d) Binding authority for all retrocessional contracts of participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the RM. (e) Within thirty (30) days of termination of a contract with an RM, the reinsurer shall provide written notification of the termination to the commissioner. (f) A reinsurer shall not appoint to its board of directors any officer, director, employee, controlling shareholder or subproducer of its RM. This subsection (f) shall not apply to relationships governed by chapter 11 of this title. Acts 1993, ch. 253, § 9.
(a) A reinsurer shall not engage the services of any person, firm, association or corporation to act as an RM on its behalf unless the person is licensed as required by § 56-6-803(a) .
(b) The reinsurer shall annually obtain a copy of statements of the financial condition of each RM that the reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the commissioner.
(c) If an RM establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the RM. This opinion shall be in addition to any other required loss reserve certification.
(d) Binding authority for all retrocessional contracts of participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the RM.
(e) Within thirty (30) days of termination of a contract with an RM, the reinsurer shall provide written notification of the termination to the commissioner.
(f) A reinsurer shall not appoint to its board of directors any officer, director, employee, controlling shareholder or subproducer of its RM. This subsection (f) shall not apply to relationships governed by chapter 11 of this title.
Acts 1993, ch. 253, § 9.
Tenn. Code Ann. § 56-4-303 — TN Code / Title 56 / Chapter 4 / Section 56-4-303
Business within state
Status: in_force

(a) Each investment company issuing its certificates, investment contracts, income reserve contracts, or instruments of like nature, pursuant to applications or orders for certificates, investment contracts, income reserve contracts, or instruments of like nature, solicited within the state, shall be deemed to be engaged in business within the state, and shall be subject to the terms and provisions of this part. (b) Each investment company issuing certificates, investment contracts, income reserve contracts, or instruments of like nature that are delivered in the state shall be deemed to be engaged in business within the state, and shall be subject to the terms and provisions of this part. (c) Each investment company engaged in the business of writing, issuing and/or servicing or collecting installments upon the investment contracts, being issued in this state or heretofore issued, shall be subject to the terms and provisions of this part. Acts 1939, ch. 187, §§ 1, 2; 1943, ch. 127, § 2; C. Supp. 1950, §§ 1248.33, 1248.34 (Williams, §§ 1248.160, 1248.161); T.C.A. (orig. ed.), §§ 67-4402, 67-4-1203.
(a) Each investment company issuing its certificates, investment contracts, income reserve contracts, or instruments of like nature, pursuant to applications or orders for certificates, investment contracts, income reserve contracts, or instruments of like nature, solicited within the state, shall be deemed to be engaged in business within the state, and shall be subject to the terms and provisions of this part.
(b) Each investment company issuing certificates, investment contracts, income reserve contracts, or instruments of like nature that are delivered in the state shall be deemed to be engaged in business within the state, and shall be subject to the terms and provisions of this part.
(c) Each investment company engaged in the business of writing, issuing and/or servicing or collecting installments upon the investment contracts, being issued in this state or heretofore issued, shall be subject to the terms and provisions of this part.
Acts 1939, ch. 187, §§ 1, 2; 1943, ch. 127, § 2; C. Supp. 1950, §§ 1248.33, 1248.34 (Williams, §§ 1248.160, 1248.161); T.C.A. (orig. ed.), §§ 67-4402, 67-4-1203.
Tenn. Code Ann. § 56-7-2909 — TN Code / Title 56 / Chapter 7 / Section 56-7-2909
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Administration of the program
Status: in_force

(a) The board shall provide for administration of the program by electing, in its plan of operation, to have the program administered in either or both of the following manners: (1) By the commissioner; or (2) By using a competitive procurement process to select one (1) or more insurers or third party administrators to administer the program. (b) If the board elects to use a competitive procurement process to select an insurer or administrator, the board shall evaluate proposals submitted based on criteria established by the board, which shall include, but need not be limited to: (1) The insurer's or administrator's demonstrated ability to handle health insurance coverage for individuals; (2) The efficiency and timeliness of the insurer's or administrator's claim processing and payment procedures; (3) The fees proposed to discharge the insurer's or administrator's responsibility; (4) The insurer's or administrator's ability to apply effective cost containment programs and procedures and to administer the program in a cost-efficient manner; (5) The insurer's or administrator's ability to implement effective disease and/or case management programs; (6) The availability of a network of providers for the program; and (7) The financial condition and stability of the insurer or administrator. (c) A contracted insurer or administrator shall serve for a period specified in the contract between Access Tennessee and the selected insurer or administrator, subject to removal for cause and subject to any terms, conditions, and limitations of the contract. (d) At least one (1) year prior to the expiration of each period of service by a selected insurer or administrator, the board shall invite eligible entities, including the current insurer or administrator, to submit proposals to serve for the succeeding period. Selection of the succeeding insurer or administrator shall be made at least six (6) months prior to the end of the current period. (e) An insurer or administrator shall perform functions relating to the program that may be assigned to it, including: (1) Determination of eligibility and collection of information regarding unfair referrals; (2) Payment of claims based on rates established by the insurer or administrator; (3) Establishment of a premium billing procedure for collection of premiums from persons covered under the program; (4) Making available information relating to the proper manner of submitting a claim for payments and distribution forms upon which submission shall be made; and (5) Performance of other functions necessary to assure timely payment of benefits to providers of services to persons covered under the program. (f) An insurer or administrator shall submit regular reports to Access Tennessee, as required by the board regarding the operation of the program. The frequency, content, and form of the report shall be specified in the contract between Access Tennessee and the insurer or administrator. (g) Following the close of each calendar year, the insurer or administrator shall determine net written and earned premiums, other state or federal funding received by the program, the expense of administration, and the paid and incurred losses for the year, taking into account investment income and other appropriate gains and losses. The administrator shall report this information to the board, the department and the comptroller of the treasury on a form prescribed by the commissioner. (h) A contracted insurer or administrator shall be paid as provided in the contract between Access Tennessee and the contractor. Amended by 2015 Tenn. Acts, ch. 185, s 6, eff. 4/22/2015. Acts 2006, ch. 867, §§ 3, 14.
(a) The board shall provide for administration of the program by electing, in its plan of operation, to have the program administered in either or both of the following manners: (1) By the commissioner; or (2) By using a competitive procurement process to select one (1) or more insurers or third party administrators to administer the program.
(1) By the commissioner; or
(2) By using a competitive procurement process to select one (1) or more insurers or third party administrators to administer the program.
(b) If the board elects to use a competitive procurement process to select an insurer or administrator, the board shall evaluate proposals submitted based on criteria established by the board, which shall include, but need not be limited to: (1) The insurer's or administrator's demonstrated ability to handle health insurance coverage for individuals; (2) The efficiency and timeliness of the insurer's or administrator's claim processing and payment procedures; (3) The fees proposed to discharge the insurer's or administrator's responsibility; (4) The insurer's or administrator's ability to apply effective cost containment programs and procedures and to administer the program in a cost-efficient manner; (5) The insurer's or administrator's ability to implement effective disease and/or case management programs; (6) The availability of a network of providers for the program; and (7) The financial condition and stability of the insurer or administrator.
(1) The insurer's or administrator's demonstrated ability to handle health insurance coverage for individuals;
(2) The efficiency and timeliness of the insurer's or administrator's claim processing and payment procedures;
(3) The fees proposed to discharge the insurer's or administrator's responsibility;
(4) The insurer's or administrator's ability to apply effective cost containment programs and procedures and to administer the program in a cost-efficient manner;
(5) The insurer's or administrator's ability to implement effective disease and/or case management programs;
(6) The availability of a network of providers for the program; and
(7) The financial condition and stability of the insurer or administrator.
(c) A contracted insurer or administrator shall serve for a period specified in the contract between Access Tennessee and the selected insurer or administrator, subject to removal for cause and subject to any terms, conditions, and limitations of the contract.
(d) At least one (1) year prior to the expiration of each period of service by a selected insurer or administrator, the board shall invite eligible entities, including the current insurer or administrator, to submit proposals to serve for the succeeding period. Selection of the succeeding insurer or administrator shall be made at least six (6) months prior to the end of the current period.
(e) An insurer or administrator shall perform functions relating to the program that may be assigned to it, including: (1) Determination of eligibility and collection of information regarding unfair referrals; (2) Payment of claims based on rates established by the insurer or administrator; (3) Establishment of a premium billing procedure for collection of premiums from persons covered under the program; (4) Making available information relating to the proper manner of submitting a claim for payments and distribution forms upon which submission shall be made; and (5) Performance of other functions necessary to assure timely payment of benefits to providers of services to persons covered under the program.
(1) Determination of eligibility and collection of information regarding unfair referrals;
(2) Payment of claims based on rates established by the insurer or administrator;
(3) Establishment of a premium billing procedure for collection of premiums from persons covered under the program;
(4) Making available information relating to the proper manner of submitting a claim for payments and distribution forms upon which submission shall be made; and
(5) Performance of other functions necessary to assure timely payment of benefits to providers of services to persons covered under the program.
(f) An insurer or administrator shall submit regular reports to Access Tennessee, as required by the board regarding the operation of the program. The frequency, content, and form of the report shall be specified in the contract between Access Tennessee and the insurer or administrator.
(g) Following the close of each calendar year, the insurer or administrator shall determine net written and earned premiums, other state or federal funding received by the program, the expense of administration, and the paid and incurred losses for the year, taking into account investment income and other appropriate gains and losses. The administrator shall report this information to the board, the department and the comptroller of the treasury on a form prescribed by the commissioner.
(h) A contracted insurer or administrator shall be paid as provided in the contract between Access Tennessee and the contractor.
Amended by 2015 Tenn. Acts, ch. 185, s 6, eff. 4/22/2015.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-4-401 — TN Code / Title 56 / Chapter 4 / Section 56-4-401
"Production credit association" defined - Associations subject to tax
Status: in_force

As used in this part, unless the context otherwise requires, "production credit association" means a corporation organized and chartered pursuant to § 20 of the Farm Credit Act of 1933, Act June 16, 1933, ch. 98, § 20, 48 Stat. 259, engaged in business in this state, and not exempt by virtue of the laws of the United States from taxation by this state. Acts 1951, ch. 45, § 1 (Williams, § 1248.179); modified; T.C.A. (orig. ed.), §§ 67-4501, 67-4-1301.
As used in this part, unless the context otherwise requires, "production credit association" means a corporation organized and chartered pursuant to § 20 of the Farm Credit Act of 1933, Act June 16, 1933, ch. 98, § 20, 48 Stat. 259, engaged in business in this state, and not exempt by virtue of the laws of the United States from taxation by this state.
Acts 1951, ch. 45, § 1 (Williams, § 1248.179); modified; T.C.A. (orig. ed.), §§ 67-4501, 67-4-1301.
Tenn. Code Ann. § 56-36-107 — TN Code / Title 56 / Chapter 36 / Section 56-36-107
Calculation of paid-up annuity benefits
Status: in_force

For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity, the present value being calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine the maturity value, and increased by any existing additional amounts credited by the company to the contract. For contracts that do not provide any death benefits prior to the commencement of any annuity payments, the present values shall be calculated on the basis of the interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time. Acts 1978, ch. 590, § 7; T.C.A., § 56-4607.
For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity, the present value being calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine the maturity value, and increased by any existing additional amounts credited by the company to the contract. For contracts that do not provide any death benefits prior to the commencement of any annuity payments, the present values shall be calculated on the basis of the interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time.
Acts 1978, ch. 590, § 7; T.C.A., § 56-4607.
Tenn. Code Ann. § 56-7-1806 — TN Code / Title 56 / Chapter 7 / Section 56-7-1806
Revision of rates
Status: in_force

(a) In the event an insurance company intends to increase the premiums of a commercial risk policy by an amount that is more than twenty-five percent (25%) and the increase in premium is the result of comparing policies of equivalent exposures, the insurance company shall mail or deliver to the named insured and producer at the address shown on the policy, not less than sixty (60) days prior notice of its intention to increase the premiums, specifying the percentage of the increase. (b) Unless notice is provided as described in subsection (a), the insurer is required to extend the existing policy sixty (60) days from the date the notice is provided. (c) The premium for the policy provided in those circumstances shall be not more than a pro rata basis of the existing policy. Acts 1986, ch. 656, § 6; 2005, ch. 52, § 1.
(a) In the event an insurance company intends to increase the premiums of a commercial risk policy by an amount that is more than twenty-five percent (25%) and the increase in premium is the result of comparing policies of equivalent exposures, the insurance company shall mail or deliver to the named insured and producer at the address shown on the policy, not less than sixty (60) days prior notice of its intention to increase the premiums, specifying the percentage of the increase.
(b) Unless notice is provided as described in subsection (a), the insurer is required to extend the existing policy sixty (60) days from the date the notice is provided.
(c) The premium for the policy provided in those circumstances shall be not more than a pro rata basis of the existing policy.
Acts 1986, ch. 656, § 6; 2005, ch. 52, § 1.
Tenn. Code Ann. § 56-16-115 — TN Code / Title 56 / Chapter 16 / Section 56-16-115
Maintenance of reserves - Requirements
Status: in_force

Each reciprocal shall maintain the same unearned premium and loss or claim reserves required for stock and mutual companies writing the same classes of insurance. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-215.
Each reciprocal shall maintain the same unearned premium and loss or claim reserves required for stock and mutual companies writing the same classes of insurance.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-215.
Tenn. Code Ann. § 56-52-106 — TN Code / Title 56 / Chapter 52 / Section 56-52-106
Annual report
Status: in_force

(a) A charitable organization authorized under this chapter shall annually file a report verified by at least two (2) principal officers with the commissioner covering the preceding fiscal year. The report is due ninety (90) days after the close of the charity's fiscal year or at a later date approved by the commissioner. Alternatively, in lieu of a verified report, a charitable organization may submit an audited report within one hundred fifty (150) days after the close of the charity's fiscal year or at a later date approved by the commissioner. (b) The report shall be in a form prescribed by the commissioner and shall include: (1) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year; (2) Any material changes in the information; (3) The number of gift annuity contracts issued during the year, the number of gift annuity contracts as of the end of the year and the number of gift annuity contracts that terminated during the year; (4) The amount of annuity payments made during the year and the amounts transferred from the charitable gift annuity separate account to the general account during the year; and (5) Other information relating to the performance of the charitable gift annuities and charitable gift annuity separate account of the charitable organization necessary to enable the commissioner to: (A) Issue certificates of authority; (B) Ascertain maintenance of records; (C) Evaluate solvency; (D) Respond to consumer complaints; and (E) Conduct hearings to determine compliance with this chapter. (c) A copy of a report, containing the information required under subsection (b), that has been filed in the state of domicile of the charitable organization, or in any other state in which the charitable organization must file a report containing substantially the same information required by this chapter will be deemed to satisfy the requirements of this section. The commissioner shall have the authority to request additional information. Acts 2008, ch. 831, §§ 1, 7; 2012, ch. 743, § 3.
(a) A charitable organization authorized under this chapter shall annually file a report verified by at least two (2) principal officers with the commissioner covering the preceding fiscal year. The report is due ninety (90) days after the close of the charity's fiscal year or at a later date approved by the commissioner. Alternatively, in lieu of a verified report, a charitable organization may submit an audited report within one hundred fifty (150) days after the close of the charity's fiscal year or at a later date approved by the commissioner.
(b) The report shall be in a form prescribed by the commissioner and shall include: (1) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year; (2) Any material changes in the information; (3) The number of gift annuity contracts issued during the year, the number of gift annuity contracts as of the end of the year and the number of gift annuity contracts that terminated during the year; (4) The amount of annuity payments made during the year and the amounts transferred from the charitable gift annuity separate account to the general account during the year; and (5) Other information relating to the performance of the charitable gift annuities and charitable gift annuity separate account of the charitable organization necessary to enable the commissioner to: (A) Issue certificates of authority; (B) Ascertain maintenance of records; (C) Evaluate solvency; (D) Respond to consumer complaints; and (E) Conduct hearings to determine compliance with this chapter.
(1) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year;
(2) Any material changes in the information;
(3) The number of gift annuity contracts issued during the year, the number of gift annuity contracts as of the end of the year and the number of gift annuity contracts that terminated during the year;
(4) The amount of annuity payments made during the year and the amounts transferred from the charitable gift annuity separate account to the general account during the year; and
(5) Other information relating to the performance of the charitable gift annuities and charitable gift annuity separate account of the charitable organization necessary to enable the commissioner to: (A) Issue certificates of authority; (B) Ascertain maintenance of records; (C) Evaluate solvency; (D) Respond to consumer complaints; and (E) Conduct hearings to determine compliance with this chapter.
(A) Issue certificates of authority;
(B) Ascertain maintenance of records;
(C) Evaluate solvency;
(D) Respond to consumer complaints; and
(E) Conduct hearings to determine compliance with this chapter.
(c) A copy of a report, containing the information required under subsection (b), that has been filed in the state of domicile of the charitable organization, or in any other state in which the charitable organization must file a report containing substantially the same information required by this chapter will be deemed to satisfy the requirements of this section. The commissioner shall have the authority to request additional information.
Acts 2008, ch. 831, §§ 1, 7; 2012, ch. 743, § 3.
Tenn. Code Ann. § 56-15-115 — TN Code / Title 56 / Chapter 15 / Section 56-15-115
Noncompliance with chapter - Penalty
Status: in_force

A company that fails to comply with §§ 56-15-102 - 56-15-107 and 56-15-112 - 56-15-114, shall forfeit to the state, for every failure, not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), to be recovered by suit in the name of the state of Tennessee, in the same courts in which suit may be brought against the company under this chapter, and the failure shall not affect the validity of any contract entered into by the company. Acts 1895, ch. 175, § 8; Shan., § 2221; Code 1932, § 3953; T.C.A. (orig. ed.), § 56-1415.
A company that fails to comply with §§ 56-15-102 - 56-15-107 and 56-15-112 - 56-15-114, shall forfeit to the state, for every failure, not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), to be recovered by suit in the name of the state of Tennessee, in the same courts in which suit may be brought against the company under this chapter, and the failure shall not affect the validity of any contract entered into by the company.
Acts 1895, ch. 175, § 8; Shan., § 2221; Code 1932, § 3953; T.C.A. (orig. ed.), § 56-1415.
Tenn. Code Ann. § 56-7-1011 — TN Code / Title 56 / Chapter 7 / Section 56-7-1011
Remote patient monitoring services
Status: in_force

(a) As used in this section, "remote patient monitoring services" means using digital technologies to collect medical and other forms of health data from a patient and then electronically transmitting that information securely to healthcare providers in a different location for interpretation and recommendation. (b) A health insurance entity may consider any remote patient monitoring service a covered medical service if the same service is covered by medicare. The appropriate parties may negotiate the rate for these services in the manner in which is deemed appropriate by the parties. (c) Reimbursement of expenses for covered remote patient monitoring services must be established through negotiations conducted by the health insurance entity with the healthcare services provider, healthcare system, or practice group in the same manner as the health insurance entity establishes reimbursement of expenses for covered healthcare services that are delivered by in-person means. (d) Remote patient monitoring services are subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title. (e) This section does not apply to a health incentive program operated by a health insurance entity that utilized an electronic device for physiological monitoring. Acts 2020 (2nd Ex. Sess.), ch. 4, § 7.
(a) As used in this section, "remote patient monitoring services" means using digital technologies to collect medical and other forms of health data from a patient and then electronically transmitting that information securely to healthcare providers in a different location for interpretation and recommendation.
(b) A health insurance entity may consider any remote patient monitoring service a covered medical service if the same service is covered by medicare. The appropriate parties may negotiate the rate for these services in the manner in which is deemed appropriate by the parties.
(c) Reimbursement of expenses for covered remote patient monitoring services must be established through negotiations conducted by the health insurance entity with the healthcare services provider, healthcare system, or practice group in the same manner as the health insurance entity establishes reimbursement of expenses for covered healthcare services that are delivered by in-person means.
(d) Remote patient monitoring services are subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title.
(e) This section does not apply to a health incentive program operated by a health insurance entity that utilized an electronic device for physiological monitoring.
Acts 2020 (2nd Ex. Sess.), ch. 4, § 7.
Tenn. Code Ann. § 56-20-109 — TN Code / Title 56 / Chapter 20 / Section 56-20-109
Lien for assessments - Rights of subsequent purchaser, or junior lienholder
Status: in_force

The corporation shall have a lien upon the property insured to secure the payment of the assessments and calls as may be legally made under the contract of insurance, and, in case of loss, the subsequent purchaser, or junior lienholder, shall be entitled to the benefits of the insurance, and to the rights, benefits and privileges of the original insured, to the extent of the insured's interest in the property. Acts 1895, ch. 220, § 8; Shan., § 3366; Code 1932, § 6248; T.C.A. (orig. ed.), § 56-1909.
The corporation shall have a lien upon the property insured to secure the payment of the assessments and calls as may be legally made under the contract of insurance, and, in case of loss, the subsequent purchaser, or junior lienholder, shall be entitled to the benefits of the insurance, and to the rights, benefits and privileges of the original insured, to the extent of the insured's interest in the property.
Acts 1895, ch. 220, § 8; Shan., § 3366; Code 1932, § 6248; T.C.A. (orig. ed.), § 56-1909.
Tenn. Code Ann. § 56-4-202 — TN Code / Title 56 / Chapter 4 / Section 56-4-202
Associations exempt
Status: in_force

Sections 56-4-201-56-4-218 do not apply to fraternal benefit associations and societies as defined in chapter 25 of this title, nor to those exempt from the provisions provided in § 56-25-704 . Acts 1945, ch. 3, § 7; C. Supp. 1950, § 1248.47 (Williams, § 1248.175); T.C.A. (orig. ed.), § 56-406; Acts 1990, ch. 703, § 2.
Sections 56-4-201-56-4-218 do not apply to fraternal benefit associations and societies as defined in chapter 25 of this title, nor to those exempt from the provisions provided in § 56-25-704 .
Acts 1945, ch. 3, § 7; C. Supp. 1950, § 1248.47 (Williams, § 1248.175); T.C.A. (orig. ed.), § 56-406; Acts 1990, ch. 703, § 2.
Tenn. Code Ann. § 56-56-101 — TN Code / Title 56 / Chapter 56 / Section 56-56-101
"Professional employer organization benefit and welfare plan" defined
Status: in_force

As used in this chapter, "professional employer organization benefit and welfare plan" means a plan offered to the covered employees of a professional employer organization registered pursuant to the Tennessee Professional Employer Organization Act, compiled in title 62, chapter 43, and as amended. Acts 2012, ch. 1081, § 2.
As used in this chapter, "professional employer organization benefit and welfare plan" means a plan offered to the covered employees of a professional employer organization registered pursuant to the Tennessee Professional Employer Organization Act, compiled in title 62, chapter 43, and as amended.
Acts 2012, ch. 1081, § 2.
Tenn. Code Ann. § 56-43-116 — TN Code / Title 56 / Chapter 43 / Section 56-43-116
Premiums
Status: in_force

Legal insurance premiums are taxed at the rate of two and one half percent (2.5%). Acts 1989, ch. 423, § 17.
Legal insurance premiums are taxed at the rate of two and one half percent (2.5%).
Acts 1989, ch. 423, § 17.
Tenn. Code Ann. § 56-41-103 — TN Code / Title 56 / Chapter 41 / Section 56-41-103
Tennessee property and casualty insurance association - Creation - Plan of operation
Status: in_force

(a) If, after public hearing, the commissioner finds that the voluntary risk sharing or market assistance plan has failed, or that no plan has been established, to restore availability of the needed insurance coverages, the commissioner may establish the Tennessee property and casualty insurance association as an unincorporated association. The purpose of the association shall be to provide a market for certain kinds of property and casualty insurance on a self-supported basis without subsidy from other kinds of insurance. (b) The association shall perform its functions under a plan of operation approved by the commissioner. The plan of operation shall: (1) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss prevention measures; (2) Establish procedures that will create minimum interference with voluntary markets; (3) Spread the burden imposed by the association equitably and efficiently within the insurance industry; and (4) Establish procedures for applicants and participants to have grievances reviewed by an impartial body. Acts 1987, ch. 439, § 2.
(a) If, after public hearing, the commissioner finds that the voluntary risk sharing or market assistance plan has failed, or that no plan has been established, to restore availability of the needed insurance coverages, the commissioner may establish the Tennessee property and casualty insurance association as an unincorporated association. The purpose of the association shall be to provide a market for certain kinds of property and casualty insurance on a self-supported basis without subsidy from other kinds of insurance.
(b) The association shall perform its functions under a plan of operation approved by the commissioner. The plan of operation shall: (1) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss prevention measures; (2) Establish procedures that will create minimum interference with voluntary markets; (3) Spread the burden imposed by the association equitably and efficiently within the insurance industry; and (4) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
(1) Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss prevention measures;
(2) Establish procedures that will create minimum interference with voluntary markets;
(3) Spread the burden imposed by the association equitably and efficiently within the insurance industry; and
(4) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
Acts 1987, ch. 439, § 2.
Tenn. Code Ann. § 56-2-901 — TN Code / Title 56 / Chapter 2 / Section 56-2-901
Short title
Status: in_force

This part shall be known and may be cited as the "Corporate Governance Annual Disclosure Act." Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
This part shall be known and may be cited as the "Corporate Governance Annual Disclosure Act."
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
Tenn. Code Ann. § 56-2-101 — TN Code / Title 56 / Chapter 2 / Section 56-2-101
Applicability to foreign and domestic companies
Status: in_force

This section, §§ 56-2-102 - 56-2-104, 56-2-113 - 56-2-115, 56-2-201, and 56-2-301 shall be applicable to both domestic and foreign insurance companies unless otherwise specifically provided in a particular section or subsection. Acts 1955, ch. 13, § 1; T.C.A., §§ 56-302, 56-201.
This section, §§ 56-2-102 - 56-2-104, 56-2-113 - 56-2-115, 56-2-201, and 56-2-301 shall be applicable to both domestic and foreign insurance companies unless otherwise specifically provided in a particular section or subsection.
Acts 1955, ch. 13, § 1; T.C.A., §§ 56-302, 56-201.
Tenn. Code Ann. § 56-45-114 — TN Code / Title 56 / Chapter 45 / Section 56-45-114
Commissioner's authority to promulgate rules and regulations
Status: in_force

The commissioner is authorized to promulgate, and from time to time amend, rules and regulations relating to risk retention groups as may be necessary or desirable to carry out this chapter. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1991, ch. 142, § 6; 1993, ch. 253, § 11.
The commissioner is authorized to promulgate, and from time to time amend, rules and regulations relating to risk retention groups as may be necessary or desirable to carry out this chapter. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1991, ch. 142, § 6; 1993, ch. 253, § 11.
Tenn. Code Ann. § 56-18-113 — TN Code / Title 56 / Chapter 18 / Section 56-18-113
Officers of stock corporation become officers of new mutual corporation
Status: in_force

When a stock life insurance corporation has become converted into a mutual life insurance corporation as provided in this chapter, the officers and directors shall remain as the officers and directors of the newly converted corporation until the next annual meeting for the election of officers and directors when their successors shall be elected in the manner provided for in this chapter and in the bylaws of the corporation. Acts 1949, ch. 91, § 7; C. Supp. 1950, § 6433.19 (Williams, § 6433.23); T.C.A. (orig. ed.), § 56-1614.
When a stock life insurance corporation has become converted into a mutual life insurance corporation as provided in this chapter, the officers and directors shall remain as the officers and directors of the newly converted corporation until the next annual meeting for the election of officers and directors when their successors shall be elected in the manner provided for in this chapter and in the bylaws of the corporation.
Acts 1949, ch. 91, § 7; C. Supp. 1950, § 6433.19 (Williams, § 6433.23); T.C.A. (orig. ed.), § 56-1614.
Tenn. Code Ann. § 56-26-133 — TN Code / Title 56 / Chapter 26 / Section 56-26-133
Effect of sole proprietor or partner's election against coverage under Workers' Compensation Law
Status: in_force

(a) This chapter shall not be interpreted or construed to deny coverage of any sole proprietor or partner under any individual or group accident and sickness policy such person may have in effect, in cases where the sole proprietor or partner has elected not to be covered by the Workers' Compensation Law, compiled in title 50, chapter 6, for injuries sustained by the person that would have been covered by the Workers' Compensation Law, had the sole proprietor or partner elected to come within the provisions of the Workers' Compensation Law, as provided in § 50-6-102 . (b) Nothing in this section shall require coverage of occupational injuries or sicknesses, if such are not covered under the terms of the policy without reference to eligibility for workers' compensation benefits. Acts 1981, ch. 239, § 2.
(a) This chapter shall not be interpreted or construed to deny coverage of any sole proprietor or partner under any individual or group accident and sickness policy such person may have in effect, in cases where the sole proprietor or partner has elected not to be covered by the Workers' Compensation Law, compiled in title 50, chapter 6, for injuries sustained by the person that would have been covered by the Workers' Compensation Law, had the sole proprietor or partner elected to come within the provisions of the Workers' Compensation Law, as provided in § 50-6-102 .
(b) Nothing in this section shall require coverage of occupational injuries or sicknesses, if such are not covered under the terms of the policy without reference to eligibility for workers' compensation benefits.
Acts 1981, ch. 239, § 2.
Tenn. Code Ann. § 56-40-104 — TN Code / Title 56 / Chapter 40 / Section 56-40-104
Violations - Penalties
Status: in_force

Any plan that violates this chapter shall be subject to a fine and/or a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation. Each year that a plan fails to register in accordance with this chapter constitutes a separate violation. Acts 1987, ch. 365, § 4.
Any plan that violates this chapter shall be subject to a fine and/or a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation. Each year that a plan fails to register in accordance with this chapter constitutes a separate violation.
Acts 1987, ch. 365, § 4.
Tenn. Code Ann. § 56-21-120 — TN Code / Title 56 / Chapter 21 / Section 56-21-120
Action to collect premiums or other obligation - Costs and attorney's fee
Status: in_force

If the company is compelled to collect the premiums or obligation by suit or through a collecting attorney, the insured shall be liable for all costs incident to the proceeding, including reasonable attorney's fee. Acts 1907, ch. 461, § 5; Shan., § 3369a19; Acts 1921, ch. 160, § 5; Code 1932, § 6270; T.C.A. (orig. ed.), § 56-2022.
If the company is compelled to collect the premiums or obligation by suit or through a collecting attorney, the insured shall be liable for all costs incident to the proceeding, including reasonable attorney's fee.
Acts 1907, ch. 461, § 5; Shan., § 3369a19; Acts 1921, ch. 160, § 5; Code 1932, § 6270; T.C.A. (orig. ed.), § 56-2022.
Tenn. Code Ann. § 56-9-410 — TN Code / Title 56 / Chapter 9 / Section 56-9-410
Ancillary receiver - Failure to transfer assets
Status: in_force

If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within the ancillary receiver's control, other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under § 56-9-330(7) . Acts 1991, ch. 142, § 4.
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within the ancillary receiver's control, other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under § 56-9-330(7) .
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-41-106 — TN Code / Title 56 / Chapter 41 / Section 56-41-106
Plan of operation - Information to be specified or provided
Status: in_force

(a) The plan of operation shall specify the basis of participation of insurers and agents and the conditions under which risks must be accepted. (b) Every participating insurer and agent shall provide to any person seeking coverage: (1) The kinds available under the plan of operation; and (2) The services prescribed in the plan of operation, including full information on the requirements and procedures for obtaining coverage under the plan of operation, assuming coverage cannot be placed in the voluntary market. Acts 1987, ch. 439, § 5.
(a) The plan of operation shall specify the basis of participation of insurers and agents and the conditions under which risks must be accepted.
(b) Every participating insurer and agent shall provide to any person seeking coverage: (1) The kinds available under the plan of operation; and (2) The services prescribed in the plan of operation, including full information on the requirements and procedures for obtaining coverage under the plan of operation, assuming coverage cannot be placed in the voluntary market.
(1) The kinds available under the plan of operation; and
(2) The services prescribed in the plan of operation, including full information on the requirements and procedures for obtaining coverage under the plan of operation, assuming coverage cannot be placed in the voluntary market.
Acts 1987, ch. 439, § 5.
Tenn. Code Ann. § 56-11-202 — TN Code / Title 56 / Chapter 11 / Section 56-11-202
Part definitions
Status: in_force

(a) "Health maintenance organization" means a health maintenance organization as defined at § 56-32-102 . (b) "Insurance group," for the purpose of conducting an Own Risk and Solvency Assessment, means those insurers or health maintenance organizations and affiliates included within an insurance or health maintenance company holding company system as defined in part 1 of this chapter. (c) "Insurer" has the same meaning as set forth in § 56-1-102 , except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. (d) "ORSA Guidance Manual" means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners (NAIC) and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC. (e) "ORSA Summary Report" means a confidential high-level summary of an insurer, health maintenance organization or insurance group's ORSA. (f) "Own Risk and Solvency Assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer, health maintenance organization or insurance group, conducted by that insurer, health maintenance organization or insurance group of the material and relevant risks associated with the insurer, health maintenance organization or insurance group's current business plan, and the sufficiency of capital resources to support those risks. Acts 2014, ch. 583, § 26.
(a) "Health maintenance organization" means a health maintenance organization as defined at § 56-32-102 .
(b) "Insurance group," for the purpose of conducting an Own Risk and Solvency Assessment, means those insurers or health maintenance organizations and affiliates included within an insurance or health maintenance company holding company system as defined in part 1 of this chapter.
(c) "Insurer" has the same meaning as set forth in § 56-1-102 , except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(d) "ORSA Guidance Manual" means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners (NAIC) and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC.
(e) "ORSA Summary Report" means a confidential high-level summary of an insurer, health maintenance organization or insurance group's ORSA.
(f) "Own Risk and Solvency Assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer, health maintenance organization or insurance group, conducted by that insurer, health maintenance organization or insurance group of the material and relevant risks associated with the insurer, health maintenance organization or insurance group's current business plan, and the sufficiency of capital resources to support those risks.
Acts 2014, ch. 583, § 26.
Tenn. Code Ann. § 56-7-2406 — TN Code / Title 56 / Chapter 7 / Section 56-7-2406
Health care services provided by St. Jude Children's Research Hospital
Status: in_force

(a) Each managed care organization (MCO), preferred provider organization (PPO), health maintenance organization (HMO), and other health organizations shall provide, through direct contract with St. Jude Children's Research Hospital or otherwise, all enrollees in the health care organization with access to the health care services at St. Jude Children's Research Hospital to the extent access is practical and feasible and the services are medically appropriate. (b) Reimbursement to St. Jude Children's Research Hospital for the services provided pursuant to this section shall be no greater than the reimbursement rate a managed care organization would pay other entities providing similar services to its enrollees. (c) Any dispute regarding the application of this section shall be resolved by a committee composed of the commissioner of health, the commissioner of commerce and insurance and the commissioner of finance and administration. Acts 1994, ch. 882, §§ 1-3.
(a) Each managed care organization (MCO), preferred provider organization (PPO), health maintenance organization (HMO), and other health organizations shall provide, through direct contract with St. Jude Children's Research Hospital or otherwise, all enrollees in the health care organization with access to the health care services at St. Jude Children's Research Hospital to the extent access is practical and feasible and the services are medically appropriate.
(b) Reimbursement to St. Jude Children's Research Hospital for the services provided pursuant to this section shall be no greater than the reimbursement rate a managed care organization would pay other entities providing similar services to its enrollees.
(c) Any dispute regarding the application of this section shall be resolved by a committee composed of the commissioner of health, the commissioner of commerce and insurance and the commissioner of finance and administration.
Acts 1994, ch. 882, §§ 1-3.
Tenn. Code Ann. § 56-3-201 — TN Code / Title 56 / Chapter 3 / Section 56-3-201
Soliciting contracts by advertisements - Claims office required
Status: in_force

(a) Any life, accident, hospitalization and health insurance company doing business in this state that solicits applications or offers for contracts or contracts of insurance primarily by mail, radio, television, publication of advertisements in a newspaper, magazine, or by any other printed matter shall provide at least one (1) office for the handling of claims in one (1) of the following cities: Memphis, Nashville, Knoxville or Chattanooga. (b) Any insurance policy issued for delivery to a resident of this state shall contain information whereby a policyholder may locate the nearest claims office referred to in subsection (a). Acts 1973, ch. 253, § 1; T.C.A., § 56-352.
(a) Any life, accident, hospitalization and health insurance company doing business in this state that solicits applications or offers for contracts or contracts of insurance primarily by mail, radio, television, publication of advertisements in a newspaper, magazine, or by any other printed matter shall provide at least one (1) office for the handling of claims in one (1) of the following cities: Memphis, Nashville, Knoxville or Chattanooga.
(b) Any insurance policy issued for delivery to a resident of this state shall contain information whereby a policyholder may locate the nearest claims office referred to in subsection (a).
Acts 1973, ch. 253, § 1; T.C.A., § 56-352.
Tenn. Code Ann. § 56-46-213 — TN Code / Title 56 / Chapter 46 / Section 56-46-213
Requirements applicable to RBC reports filed with respect to year 2015
Status: in_force

For RBC reports required to be filed by health organizations with respect to 2015, the following requirements shall apply in lieu of §§ 56-46-203 , 56-46-204 , 56-46-205 and 56-46-206 : (1) In the event of a Company Action Level Event with respect to a domestic health organization, the commissioner shall take no regulatory action under this part; (2) In the event of a Regulatory Action Level Event under § 56-46-204(a)(1), (a)(2) or (a)(3) the commissioner shall take the actions required under § 56-46-203 ; (3) In the event of a Regulatory Action Level Event under § 56-46-204(a)(4), (a)(5), (a)(6), (a)(7), (a)(8) or (a)(9) or an Authorized Control Level Event, the commissioner shall take the actions required under § 56-46-204 with respect to the health organization; (4) In the event of a Mandatory Control Level Event with respect to a health organization, the commissioner shall take the actions required under § 56-46-205 with respect to the health organization. Acts 2014, ch. 559, § 7.
For RBC reports required to be filed by health organizations with respect to 2015, the following requirements shall apply in lieu of §§ 56-46-203 , 56-46-204 , 56-46-205 and 56-46-206 :
(1) In the event of a Company Action Level Event with respect to a domestic health organization, the commissioner shall take no regulatory action under this part;
(2) In the event of a Regulatory Action Level Event under § 56-46-204(a)(1), (a)(2) or (a)(3) the commissioner shall take the actions required under § 56-46-203 ;
(3) In the event of a Regulatory Action Level Event under § 56-46-204(a)(4), (a)(5), (a)(6), (a)(7), (a)(8) or (a)(9) or an Authorized Control Level Event, the commissioner shall take the actions required under § 56-46-204 with respect to the health organization;
(4) In the event of a Mandatory Control Level Event with respect to a health organization, the commissioner shall take the actions required under § 56-46-205 with respect to the health organization.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-11-114 — TN Code / Title 56 / Chapter 11 / Section 56-11-114
Suspension, revocation or refusal to renew license
Status: in_force

Whenever it appears to the commissioner that any person has committed a violation of this part which makes the continued operation of an insurer or health maintenance organization contrary to the interests of policyholders, enrollees, providers or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke or refuse to renew the insurer or health maintenance organization's license or authority to do business in this state for such period as the commissioner finds is required for the protection of policyholders, enrollees, providers or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law. Amended by 2014 Tenn. Acts, ch. 583,s 1, eff. 3/28/2014. Acts 1986, ch. 572, § 14; 2000, ch. 708, § 3l; T.C.A. § 56-11-214.
Whenever it appears to the commissioner that any person has committed a violation of this part which makes the continued operation of an insurer or health maintenance organization contrary to the interests of policyholders, enrollees, providers or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke or refuse to renew the insurer or health maintenance organization's license or authority to do business in this state for such period as the commissioner finds is required for the protection of policyholders, enrollees, providers or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law.
Amended by 2014 Tenn. Acts, ch. 583,s 1, eff. 3/28/2014.
Acts 1986, ch. 572, § 14; 2000, ch. 708, § 3l; T.C.A. § 56-11-214.
Tenn. Code Ann. § 56-4-404 — TN Code / Title 56 / Chapter 4 / Section 56-4-404
Levy and payment dates
Status: in_force

(a) The annual tax to be levied and collected under this part shall be levied as of December 31 in each and every year, and shall be due and payable by not later than March 1 in each and every year. (b) On or before March 1 in each and every year, each association shall make a sworn return to the commissioner, showing the taxable income of the association, as defined in § 56-4-402 . Acts 1951, ch. 45, § 3 (Williams, § 1248.181); T.C.A. (orig. ed.), §§ 67-4501, 67-4-1304.
(a) The annual tax to be levied and collected under this part shall be levied as of December 31 in each and every year, and shall be due and payable by not later than March 1 in each and every year.
(b) On or before March 1 in each and every year, each association shall make a sworn return to the commissioner, showing the taxable income of the association, as defined in § 56-4-402 .
Acts 1951, ch. 45, § 3 (Williams, § 1248.181); T.C.A. (orig. ed.), §§ 67-4501, 67-4-1304.
Tenn. Code Ann. § 56-21-115 — TN Code / Title 56 / Chapter 21 / Section 56-21-115
Regular and contingent premium information in policy
Status: in_force

The amount of the regular premium and the contingent premium shall be plainly written on the outside or title page of the policy, and it shall be plainly stated in the policy or insurance contract that it is issued in consideration of the regular premium, and the further contingent premium of not less than the same amount in addition to the premium. Acts 1907, ch. 461, § 5; Shan., § 3369a15; Acts 1921, ch. 160, § 5; Code 1932, § 6266; T.C.A. (orig. ed.), § 56-2017.
The amount of the regular premium and the contingent premium shall be plainly written on the outside or title page of the policy, and it shall be plainly stated in the policy or insurance contract that it is issued in consideration of the regular premium, and the further contingent premium of not less than the same amount in addition to the premium.
Acts 1907, ch. 461, § 5; Shan., § 3369a15; Acts 1921, ch. 160, § 5; Code 1932, § 6266; T.C.A. (orig. ed.), § 56-2017.
Tenn. Code Ann. § 56-20-114 — TN Code / Title 56 / Chapter 20 / Section 56-20-114
Examination by commissioner - Payment of expenses - Prosecution of offending officers
Status: in_force

It is the duty of the commissioner, upon the application of five (5) members of any company doing business under this chapter, or two (2) directors, or the president or secretary, to examine into the management of such company, and the company shall pay the necessary expenses of the examination. Should the commissioner find that any officer or any number of officers have been, or are, at the time, violating this chapter or the bylaws of the company, the commissioner shall cause the officer or officers to be prosecuted, as with other corporations that are guilty of like violations. Acts 1895, ch. 220, § 10; Shan., § 3368; Code 1932, § 6250; T.C.A. (orig. ed.), § 56-1914.
It is the duty of the commissioner, upon the application of five (5) members of any company doing business under this chapter, or two (2) directors, or the president or secretary, to examine into the management of such company, and the company shall pay the necessary expenses of the examination. Should the commissioner find that any officer or any number of officers have been, or are, at the time, violating this chapter or the bylaws of the company, the commissioner shall cause the officer or officers to be prosecuted, as with other corporations that are guilty of like violations.
Acts 1895, ch. 220, § 10; Shan., § 3368; Code 1932, § 6250; T.C.A. (orig. ed.), § 56-1914.
Tenn. Code Ann. § 56-22-113 — TN Code / Title 56 / Chapter 22 / Section 56-22-113
Licensing requirements - Requirements of managing general agents
Status: in_force

(a) A person shall not sell, solicit or negotiate insurance covering those risks listed under § 56-22-106(a) , unless the person is licensed to sell property insurance under chapter 6, part 1 of this title. (b) A person shall not sell, solicit or negotiate insurance covering those risks listed under § 56-22-106(b) , unless the person is licensed to sell casualty insurance under chapter 6, part 1 of this title. (c) Any person that seeks to enter into a contract for the exclusive or dominant right to manage or control a county mutual insurance company shall be considered the managing general agent of the county mutual insurance company and shall comply with the requirements that apply to managing general agents under chapter 6, part 5 of this title. Acts 2006, ch. 689, §§ 3, 16.
(a) A person shall not sell, solicit or negotiate insurance covering those risks listed under § 56-22-106(a) , unless the person is licensed to sell property insurance under chapter 6, part 1 of this title.
(b) A person shall not sell, solicit or negotiate insurance covering those risks listed under § 56-22-106(b) , unless the person is licensed to sell casualty insurance under chapter 6, part 1 of this title.
(c) Any person that seeks to enter into a contract for the exclusive or dominant right to manage or control a county mutual insurance company shall be considered the managing general agent of the county mutual insurance company and shall comply with the requirements that apply to managing general agents under chapter 6, part 5 of this title.
Acts 2006, ch. 689, §§ 3, 16.
Tenn. Code Ann. § 56-7-910 — TN Code / Title 56 / Chapter 7 / Section 56-7-910
Claims - Verification of premiums and payments
Status: in_force

(a) An insurer issuing credit life insurance shall be responsible for the settlement, adjustment and payment of all claims and shall establish and maintain adequate claim files, which may be reviewed and examined by the commissioner. All claims shall be promptly reported to the insurer, or its designated claim representative, and all claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. "Promptly reported" means that adequate proofs of loss are in the possession of the insurer at the time its funds are disbursed in payment of claims. All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of the claimant to the one specified. (b) No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative is authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in settling or adjusting claims; provided, that a group policyholder that employs one (1) or more persons for claims and insurance administration who are not directly involved in making loans may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer. However, nothing in this section shall be construed to relieve the insurer of the responsibility for the proper settlement, adjustment and payment of all claims in accordance with the terms of the insurance contract and this regulation. (c) It is the responsibility of the insurer to make a good faith examination of each lender's account at least annually, verifying the accuracy of premiums or other identifiable credit life insurance charges, premium refunds, and claims payments which have been reported to the insurer. Acts 1985, ch. 107, § 3.
(a) An insurer issuing credit life insurance shall be responsible for the settlement, adjustment and payment of all claims and shall establish and maintain adequate claim files, which may be reviewed and examined by the commissioner. All claims shall be promptly reported to the insurer, or its designated claim representative, and all claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. "Promptly reported" means that adequate proofs of loss are in the possession of the insurer at the time its funds are disbursed in payment of claims. All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of the claimant to the one specified.
(b) No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative is authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in settling or adjusting claims; provided, that a group policyholder that employs one (1) or more persons for claims and insurance administration who are not directly involved in making loans may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer. However, nothing in this section shall be construed to relieve the insurer of the responsibility for the proper settlement, adjustment and payment of all claims in accordance with the terms of the insurance contract and this regulation.
(c) It is the responsibility of the insurer to make a good faith examination of each lender's account at least annually, verifying the accuracy of premiums or other identifiable credit life insurance charges, premium refunds, and claims payments which have been reported to the insurer.
Acts 1985, ch. 107, § 3.
Tenn. Code Ann. § 56-9-334 — TN Code / Title 56 / Chapter 9 / Section 56-9-334
Application for order of discharge
Status: in_force

(a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute, as may be deemed appropriate. (b) Any other person may apply to the court at any time for an order under subsection (a). If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee. Acts 1991, ch. 142, § 4.
(a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute, as may be deemed appropriate.
(b) Any other person may apply to the court at any time for an order under subsection (a). If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-19-121 — TN Code / Title 56 / Chapter 19 / Section 56-19-121
Resident agent not required
Status: in_force

Any law requiring that policies be countersigned and delivered through a resident agent shall not apply to any policy of the mutual company on which no commission shall be paid to any local agent. Acts 1919, ch. 108, § 15; Shan. Supp., § 3369a58b21; Code 1932, § 6333; T.C.A. (orig. ed.), § 56-1721.
Any law requiring that policies be countersigned and delivered through a resident agent shall not apply to any policy of the mutual company on which no commission shall be paid to any local agent.
Acts 1919, ch. 108, § 15; Shan. Supp., § 3369a58b21; Code 1932, § 6333; T.C.A. (orig. ed.), § 56-1721.
Tenn. Code Ann. § 56-17-104 — TN Code / Title 56 / Chapter 17 / Section 56-17-104
Cancellation by members
Status: in_force

(a) A member has the right to cancel membership in a plan within thirty (30) days of joining the plan and has the right to have refunded membership fees paid during that initial membership, except for a one-time nominal processing fee. (b) After the initial thirty-day membership period, a member has the right to cancel membership, in accordance with the policies established by the operator. An operator must provide information concerning the cancellation policy to the member at the time of the initial membership and cannot change the cancellation policy unless the operator provides the member with written notice at least thirty (30) days prior to the date the change takes effect. Acts 2021, ch. 372, § 1.
(a) A member has the right to cancel membership in a plan within thirty (30) days of joining the plan and has the right to have refunded membership fees paid during that initial membership, except for a one-time nominal processing fee.
(b) After the initial thirty-day membership period, a member has the right to cancel membership, in accordance with the policies established by the operator. An operator must provide information concerning the cancellation policy to the member at the time of the initial membership and cannot change the cancellation policy unless the operator provides the member with written notice at least thirty (30) days prior to the date the change takes effect.
Acts 2021, ch. 372, § 1.
Tenn. Code Ann. § 56-14-111 — TN Code / Title 56 / Chapter 14 / Section 56-14-111
Liability of surplus lines insurer for losses and unearned premiums
Status: in_force

(a) If an unauthorized company has assumed the risk in accordance with this chapter, and if the premium for the insurance has been received by the surplus lines agent who placed the insurance, then in all questions thereafter arising under the coverage as between the insurance company and the insured, the insurance company shall be deemed to have received the premium due to it for the coverage. The insurance company shall be liable to the insured as to losses covered by the insurance, and for unearned premiums that may become payable to the insured upon cancellation of the insurance, whether or not, in fact, the surplus lines agent is indebted to the insurer with respect to the insurance, or for any other cause. (b) Each unauthorized company assuming a surplus lines insurance risk under this chapter shall be deemed to have subjected itself to the requirements of this section. Acts 1969, ch. 270, § 11; T.C.A., § 56-3811; Acts 2011, ch. 446, § 1.
(a) If an unauthorized company has assumed the risk in accordance with this chapter, and if the premium for the insurance has been received by the surplus lines agent who placed the insurance, then in all questions thereafter arising under the coverage as between the insurance company and the insured, the insurance company shall be deemed to have received the premium due to it for the coverage. The insurance company shall be liable to the insured as to losses covered by the insurance, and for unearned premiums that may become payable to the insured upon cancellation of the insurance, whether or not, in fact, the surplus lines agent is indebted to the insurer with respect to the insurance, or for any other cause.
(b) Each unauthorized company assuming a surplus lines insurance risk under this chapter shall be deemed to have subjected itself to the requirements of this section.
Acts 1969, ch. 270, § 11; T.C.A., § 56-3811; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-5-118 — TN Code / Title 56 / Chapter 5 / Section 56-5-118
Review of commissioner's orders
Status: in_force

Review of any order issued by the commissioner shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Where the order of the commissioner results in an increase or decrease in rates, any insurer affected by the increase or decrease may, with leave of court, pending final disposition of the proceedings in the chancery court, continue to charge rates that were obtained prior to the order of decrease, or may charge rates resulting from the order of increase on condition that the difference in the premiums be deposited in a special account by the insurer or paid to the holders of policies issued after the order of the commissioner, as the court may determine. Acts 1983, ch. 66, § 19.
Review of any order issued by the commissioner shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Where the order of the commissioner results in an increase or decrease in rates, any insurer affected by the increase or decrease may, with leave of court, pending final disposition of the proceedings in the chancery court, continue to charge rates that were obtained prior to the order of decrease, or may charge rates resulting from the order of increase on condition that the difference in the premiums be deposited in a special account by the insurer or paid to the holders of policies issued after the order of the commissioner, as the court may determine.
Acts 1983, ch. 66, § 19.
Tenn. Code Ann. § 56-7-1508 — TN Code / Title 56 / Chapter 7 / Section 56-7-1508
Regulations subject to Administrative Procedures Act
Status: in_force

Regulations adopted pursuant to this part are subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1992, ch. 735, § 8.
Regulations adopted pursuant to this part are subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1992, ch. 735, § 8.
Tenn. Code Ann. § 56-7-2507 — TN Code / Title 56 / Chapter 7 / Section 56-7-2507
Reconstructive breast surgery
Status: in_force

(a) (1) Any individual, franchise, blanket or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, health maintenance organization, or managed care organization that provides coverage for mastectomy surgery shall provide coverage for all stages of reconstructive breast surgery on the diseased breast as a result of a mastectomy, but not including a lumpectomy, as well as any surgical procedure on the nondiseased breast deemed necessary to establish symmetry between the two (2) breasts in the manner chosen by the patient and physician. The surgical procedure performed on a nondiseased breast to establish symmetry with the diseased breast must occur within five (5) years of the date the reconstructive breast surgery was performed on a diseased breast. (2) Coverage for reconstructive breast surgery shall be subject to applicable copayments, coinsurance and deductibles. (b) This section applies to any policy, plan, or contract entered into or renewed on or after July 1, 1997. Acts 1997, ch. 452, § 1.
(a) (1) Any individual, franchise, blanket or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, health maintenance organization, or managed care organization that provides coverage for mastectomy surgery shall provide coverage for all stages of reconstructive breast surgery on the diseased breast as a result of a mastectomy, but not including a lumpectomy, as well as any surgical procedure on the nondiseased breast deemed necessary to establish symmetry between the two (2) breasts in the manner chosen by the patient and physician. The surgical procedure performed on a nondiseased breast to establish symmetry with the diseased breast must occur within five (5) years of the date the reconstructive breast surgery was performed on a diseased breast. (2) Coverage for reconstructive breast surgery shall be subject to applicable copayments, coinsurance and deductibles.
(1) Any individual, franchise, blanket or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, health maintenance organization, or managed care organization that provides coverage for mastectomy surgery shall provide coverage for all stages of reconstructive breast surgery on the diseased breast as a result of a mastectomy, but not including a lumpectomy, as well as any surgical procedure on the nondiseased breast deemed necessary to establish symmetry between the two (2) breasts in the manner chosen by the patient and physician. The surgical procedure performed on a nondiseased breast to establish symmetry with the diseased breast must occur within five (5) years of the date the reconstructive breast surgery was performed on a diseased breast.
(2) Coverage for reconstructive breast surgery shall be subject to applicable copayments, coinsurance and deductibles.
(b) This section applies to any policy, plan, or contract entered into or renewed on or after July 1, 1997.
Acts 1997, ch. 452, § 1.
Tenn. Code Ann. § 56-40-103 — TN Code / Title 56 / Chapter 40 / Section 56-40-103
Accuracy of information
Status: in_force

The information registered and reported in accordance with § 56-40-102 shall be accurate as of the date of registration. Acts 1987, ch. 365, § 3.
The information registered and reported in accordance with § 56-40-102 shall be accurate as of the date of registration.
Acts 1987, ch. 365, § 3.
Tenn. Code Ann. § 56-7-609 — TN Code / Title 56 / Chapter 7 / Section 56-7-609
Annual total value of incentives
Status: in_force

(a) Notwithstanding this part, the total value of incentives offered to any one (1) enrollee must not exceed five hundred ninety-nine dollars ($599) in any year. (b) The monetary limit on incentives described in subdivision (a)(1) does not apply to § 56-7-610 . Amended by 2023 Tenn. Acts, ch. 244, s 4, eff. 7/1/2023. Acts 2019, ch. 407, § 1.
(a) Notwithstanding this part, the total value of incentives offered to any one (1) enrollee must not exceed five hundred ninety-nine dollars ($599) in any year.
(b) The monetary limit on incentives described in subdivision (a)(1) does not apply to § 56-7-610 .
Amended by 2023 Tenn. Acts, ch. 244, s 4, eff. 7/1/2023.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-29-118 — TN Code / Title 56 / Chapter 29 / Section 56-29-118
Licenses renewable annually - Agents to have certificate of authority
Status: in_force

(a) All licenses authorizing hospital service corporations to transact business in this state shall be renewable on July 1 of each year. (b) A hospital service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting contracts for the service corporation in this state, and the certificates shall be renewable January 1 of each year. Acts 1949, ch. 234, § 15; C. Supp. 1950, § 4186.57 (Williams, § 4186.60); T.C.A. (orig. ed.), § 56-3118.
(a) All licenses authorizing hospital service corporations to transact business in this state shall be renewable on July 1 of each year.
(b) A hospital service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting contracts for the service corporation in this state, and the certificates shall be renewable January 1 of each year.
Acts 1949, ch. 234, § 15; C. Supp. 1950, § 4186.57 (Williams, § 4186.60); T.C.A. (orig. ed.), § 56-3118.
Tenn. Code Ann. § 56-1-209 — TN Code / Title 56 / Chapter 1 / Section 56-1-209
Payment of expenses of department - Record of receipts and expenditures - Excess fees
Status: in_force

The commissioner shall pay out of the fees of the commissioner's office the necessary expenses of the department, shall keep an accurate record of all receipts and expenditures, and shall require and preserve sworn vouchers for each payment. The excess of fees, after paying necessary expenses, shall be turned into the state treasury. Acts 1895, ch. 160, § 39; Shan., § 3324; mod. Code 1932, § 6153; T.C.A. (orig. ed.), § 56-138.
The commissioner shall pay out of the fees of the commissioner's office the necessary expenses of the department, shall keep an accurate record of all receipts and expenditures, and shall require and preserve sworn vouchers for each payment. The excess of fees, after paying necessary expenses, shall be turned into the state treasury.
Acts 1895, ch. 160, § 39; Shan., § 3324; mod. Code 1932, § 6153; T.C.A. (orig. ed.), § 56-138.
Tenn. Code Ann. § 56-4-215 — TN Code / Title 56 / Chapter 4 / Section 56-4-215
Foreign companies - Tax upon business in force upon ceasing to transact new business - Failure to pay tax, penalty - Condition to obtain or renew license
Status: in_force

(a) A foreign insurance company that takes out or renews a license to transact business in this state shall, upon the expiration of their license for any cause, or upon their ceasing to transact new business in this state, continue to pay the same tax upon its business remaining in force in this state, and in like manner and at like times as other duly licensed insurance companies of the same class are required to pay by any current law in force at that time. (b) Such foreign companies that fail to pay the taxes required of them by this section, within sixty (60) days after the taxes are due, shall be liable for a penalty of fifty percent (50%) in addition to the taxes, recoverable at law or in equity. (c) Compliance with this section shall be a condition upon which any foreign insurance company shall be authorized to obtain or renew a license, and the acceptance of these terms or conditions shall be conclusively presumed from the taking out or the renewing of the license. Acts 1903, ch. 442, §§ 2-4; Shan., §§ 3302a2-3302a4; Code 1932, §§ 6120-6122; T.C.A. (orig. ed.), § 56-419.
(a) A foreign insurance company that takes out or renews a license to transact business in this state shall, upon the expiration of their license for any cause, or upon their ceasing to transact new business in this state, continue to pay the same tax upon its business remaining in force in this state, and in like manner and at like times as other duly licensed insurance companies of the same class are required to pay by any current law in force at that time.
(b) Such foreign companies that fail to pay the taxes required of them by this section, within sixty (60) days after the taxes are due, shall be liable for a penalty of fifty percent (50%) in addition to the taxes, recoverable at law or in equity.
(c) Compliance with this section shall be a condition upon which any foreign insurance company shall be authorized to obtain or renew a license, and the acceptance of these terms or conditions shall be conclusively presumed from the taking out or the renewing of the license.
Acts 1903, ch. 442, §§ 2-4; Shan., §§ 3302a2-3302a4; Code 1932, §§ 6120-6122; T.C.A. (orig. ed.), § 56-419.
Tenn. Code Ann. § 56-6-1006 — TN Code / Title 56 / Chapter 6 / Section 56-6-1006
Maintenance of claims records
Status: in_force

All insurers that sell crop insurance in this state shall maintain complete records of each claim made by a policyholder or on property in this state. These records shall be maintained for at least five (5) years after the termination of the closing of the claim and shall be open to examination by the commissioner at all times. Acts 2009, ch. 476, § 7 .
All insurers that sell crop insurance in this state shall maintain complete records of each claim made by a policyholder or on property in this state. These records shall be maintained for at least five (5) years after the termination of the closing of the claim and shall be open to examination by the commissioner at all times.
Acts 2009, ch. 476, § 7 .
Tenn. Code Ann. § 56-13-203 — TN Code / Title 56 / Chapter 13 / Section 56-13-203
Required filings
Status: in_force

In addition to the information required by § 56-13-103(c)(1) , each applicant-protected cell captive insurance company shall file with the commissioner the following: (1) Materials demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the commissioner, and how it will report such experience to the commissioner; (2) A statement acknowledging that all financial records of the applicant, including records pertaining to any protected cells, shall be made available for inspection or examination by the commissioner or the commissioner's designated agent; (3) All contracts or sample contracts between the applicant and any participants; and (4) Evidence that expenses shall be allocated to each protected cell in a fair and equitable manner. Acts 2011, ch. 468, § 1.
In addition to the information required by § 56-13-103(c)(1) , each applicant-protected cell captive insurance company shall file with the commissioner the following:
(1) Materials demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the commissioner, and how it will report such experience to the commissioner;
(2) A statement acknowledging that all financial records of the applicant, including records pertaining to any protected cells, shall be made available for inspection or examination by the commissioner or the commissioner's designated agent;
(3) All contracts or sample contracts between the applicant and any participants; and
(4) Evidence that expenses shall be allocated to each protected cell in a fair and equitable manner.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-53-105 — TN Code / Title 56 / Chapter 53 / Section 56-53-105
Restitution
Status: in_force

(a) A person convicted of a violation of § 56-53-102 shall be ordered to make monetary restitution for any financial loss or damages sustained by any other person as a result of the violation. Financial loss or damage shall include, but is not necessarily limited to, loss of earnings, out-of-pocket and other expenses, paid deductible amounts under an insurance policy, insurer claim payments, cost reasonably attributed to investigations and recovery efforts by owners, insurers, insurance professionals, law enforcement and other public authorities, and cost of prosecution. (b) When restitution is ordered, the court shall determine its extent and methods. Restitution may be imposed in addition to a fine and, if ordered, any other penalty, but not in lieu thereof. The court shall determine whether restitution, if ordered, shall be paid in a single payment or installments and shall fix a period of time, not in excess of three (3) years, within which payment of restitution is to be made in full. Acts 2001, ch. 356, § 6.
(a) A person convicted of a violation of § 56-53-102 shall be ordered to make monetary restitution for any financial loss or damages sustained by any other person as a result of the violation. Financial loss or damage shall include, but is not necessarily limited to, loss of earnings, out-of-pocket and other expenses, paid deductible amounts under an insurance policy, insurer claim payments, cost reasonably attributed to investigations and recovery efforts by owners, insurers, insurance professionals, law enforcement and other public authorities, and cost of prosecution.
(b) When restitution is ordered, the court shall determine its extent and methods. Restitution may be imposed in addition to a fine and, if ordered, any other penalty, but not in lieu thereof. The court shall determine whether restitution, if ordered, shall be paid in a single payment or installments and shall fix a period of time, not in excess of three (3) years, within which payment of restitution is to be made in full.
Acts 2001, ch. 356, § 6.
Tenn. Code Ann. § 56-7-1805 — TN Code / Title 56 / Chapter 7 / Section 56-7-1805
Failure to comply with notice requirements - Policy extension - When notice of nonrenewal not required
Status: in_force

(a) Unless the insurer, at least sixty (60) days in advance of the end of the policy period, mails or delivers to the named insured and agent at the address shown in the policy, notice of its intention not to renew the commercial risk policy or to condition its renewal on reduction of limits or elimination of coverages, the insurer is required to extend the existing policy sixty (60) days from the date the notice is provided. The premium for the policy provided in those circumstances shall be no more than a pro rata basis of the existing policy. Any commercial risk policy written for a term of less than one (1) year shall be considered as if written for a term of one (1) year. Any commercial risk policy written for a term longer than one (1) year, or any commercial risk policy with no fixed expiration date, shall be considered as if written for specific policy periods or terms of one (1) year. (b) Notice of nonrenewal is not required if: (1) The insurer has offered to issue a renewal policy; or (2) Where the named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage. (c) If an insurer provides the notice described in this section, and thereafter the insurer extends the policy for ninety (90) days or less, an additional notice of nonrenewal is not required with respect to the extension. Acts 1986, ch. 656, § 5.
(a) Unless the insurer, at least sixty (60) days in advance of the end of the policy period, mails or delivers to the named insured and agent at the address shown in the policy, notice of its intention not to renew the commercial risk policy or to condition its renewal on reduction of limits or elimination of coverages, the insurer is required to extend the existing policy sixty (60) days from the date the notice is provided. The premium for the policy provided in those circumstances shall be no more than a pro rata basis of the existing policy. Any commercial risk policy written for a term of less than one (1) year shall be considered as if written for a term of one (1) year. Any commercial risk policy written for a term longer than one (1) year, or any commercial risk policy with no fixed expiration date, shall be considered as if written for specific policy periods or terms of one (1) year.
(b) Notice of nonrenewal is not required if: (1) The insurer has offered to issue a renewal policy; or (2) Where the named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage.
(1) The insurer has offered to issue a renewal policy; or
(2) Where the named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage.
(c) If an insurer provides the notice described in this section, and thereafter the insurer extends the policy for ninety (90) days or less, an additional notice of nonrenewal is not required with respect to the extension.
Acts 1986, ch. 656, § 5.
Tenn. Code Ann. § 56-7-1116 — TN Code / Title 56 / Chapter 7 / Section 56-7-1116
Automobile glass replacement or repair - Violations - Remedies
Status: in_force

A violation of §§ 56-7-1113 - 56-7-1116 also constitutes a violation of the Consumer Protection Act, compiled in title 47, chapter 18, part 1, subject only to the civil remedies provided in title 47, chapter 18, part 1, including treble damages and attorney's fees. Acts 2000, ch. 650, § 1.
A violation of §§ 56-7-1113 - 56-7-1116 also constitutes a violation of the Consumer Protection Act, compiled in title 47, chapter 18, part 1, subject only to the civil remedies provided in title 47, chapter 18, part 1, including treble damages and attorney's fees.
Acts 2000, ch. 650, § 1.
Tenn. Code Ann. § 56-13-112 — TN Code / Title 56 / Chapter 13 / Section 56-13-112
Reinsurance
Status: in_force

(a) Any captive insurance company may provide reinsurance as authorized by this title on risks ceded by any other insurer. (b) Any captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to reinsurers complying with this title. If the reinsurer is licensed as a risk retention group, then the ceding risk retention group or its members must qualify for membership with the reinsurer. The commissioner shall have the discretion to allow a captive insurance company to take credit for the reinsurance of risks or portions of risks ceded to an unauthorized reinsurer, after review, on a case by case basis. The commissioner may require any documents, financial information or other evidence that such an unauthorized reinsurer will be able to demonstrate adequate security for its financial obligations. (c) In addition to reinsurers authorized by this title, a captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to a pool, exchange or association to the extent authorized by the commissioner. The commissioner may require any documents, financial information or other evidence that such a pool, exchange or association will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange or association that, in the commissioner's judgment, are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large. (d) Except where specifically provided otherwise, insurance by a captive insurance company of any workers' compensation or accident and health qualified self-insured plan of its parent and affiliates, and the assumption of risk by a captive insurance company under any service contract, is deemed to be reinsurance. Amended by 2024 Tenn. Acts, ch. 643,s 10, eff. 4/4/2024. Amended by 2019 Tenn. Acts, ch. 452, s 4, eff. 5/22/2019. Acts 2011 , ch. 468, § 1.
(a) Any captive insurance company may provide reinsurance as authorized by this title on risks ceded by any other insurer.
(b) Any captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to reinsurers complying with this title. If the reinsurer is licensed as a risk retention group, then the ceding risk retention group or its members must qualify for membership with the reinsurer. The commissioner shall have the discretion to allow a captive insurance company to take credit for the reinsurance of risks or portions of risks ceded to an unauthorized reinsurer, after review, on a case by case basis. The commissioner may require any documents, financial information or other evidence that such an unauthorized reinsurer will be able to demonstrate adequate security for its financial obligations.
(c) In addition to reinsurers authorized by this title, a captive insurance company may take credit for the reinsurance of risks or portions of risks ceded to a pool, exchange or association to the extent authorized by the commissioner. The commissioner may require any documents, financial information or other evidence that such a pool, exchange or association will be able to provide adequate security for its financial obligations. The commissioner may deny authorization or impose any limitations on the activities of a reinsurance pool, exchange or association that, in the commissioner's judgment, are necessary and proper to provide adequate security for the ceding captive insurance company and for the protection and consequent benefit of the public at large.
(d) Except where specifically provided otherwise, insurance by a captive insurance company of any workers' compensation or accident and health qualified self-insured plan of its parent and affiliates, and the assumption of risk by a captive insurance company under any service contract, is deemed to be reinsurance.
Amended by 2024 Tenn. Acts, ch. 643,s 10, eff. 4/4/2024.
Amended by 2019 Tenn. Acts, ch. 452, s 4, eff. 5/22/2019.
Acts 2011 , ch. 468, § 1.
Tenn. Code Ann. § 56-7-3118 — TN Code / Title 56 / Chapter 7 / Section 56-7-3118
Mutual agreement on terms and conditions for provision of pharmacy services - Use of untrue, deceptive, or misleading advertisement, etc. prohibited - Effect of removal of pharmacist or pharmacy - Pattern or practice of reimbursing pharmacies or pharmacists lesser amount prohibited
Status: in_force

(a) Each contract between a covered entity or pharmacy benefits manager and a pharmacist or pharmacy must be mutually agreed upon and must outline the terms and conditions for the provision of pharmacy services. (b) A covered entity or pharmacy benefits manager shall not cause or knowingly permit the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue, deceptive, or misleading. (c) Removal of a pharmacy or a pharmacist from the network of a covered entity or pharmacy benefits manager does not release the covered entity or pharmacy benefits manager from the obligation to make any payment due to the pharmacy or pharmacist for services that have been properly rendered prior to the pharmacy being removed from the network. Properly rendered services do not include any services related to a fraudulent claim or intentional misrepresentation. (d) A covered entity or pharmacy benefits manager shall not engage in a pattern or practice of reimbursing pharmacies or pharmacists in this state less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same drug or dispensed product or service. Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
(a) Each contract between a covered entity or pharmacy benefits manager and a pharmacist or pharmacy must be mutually agreed upon and must outline the terms and conditions for the provision of pharmacy services.
(b) A covered entity or pharmacy benefits manager shall not cause or knowingly permit the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue, deceptive, or misleading.
(c) Removal of a pharmacy or a pharmacist from the network of a covered entity or pharmacy benefits manager does not release the covered entity or pharmacy benefits manager from the obligation to make any payment due to the pharmacy or pharmacist for services that have been properly rendered prior to the pharmacy being removed from the network. Properly rendered services do not include any services related to a fraudulent claim or intentional misrepresentation.
(d) A covered entity or pharmacy benefits manager shall not engage in a pattern or practice of reimbursing pharmacies or pharmacists in this state less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same drug or dispensed product or service.
Added by 2019 Tenn. Acts, ch. 470,s 4, eff. 7/1/2019.
Tenn. Code Ann. § 56-7-2103 — TN Code / Title 56 / Chapter 7 / Section 56-7-2103
Disclosure
Status: in_force

All policies issued pursuant to this part shall clearly disclose on the face of the policy: (1) The annual premium for the policy; and (2) The benefits provided by the policy. Acts 1992, ch. 598, § 1.
All policies issued pursuant to this part shall clearly disclose on the face of the policy:
(1) The annual premium for the policy; and
(2) The benefits provided by the policy.
Acts 1992, ch. 598, § 1.
Tenn. Code Ann. § 56-61-106 — TN Code / Title 56 / Chapter 61 / Section 56-61-106
Written procedures for grievances
Status: in_force

(a) Except as specified in § 56-61-109 , a health carrier shall use written procedures for receiving and resolving grievances from aggrieved persons, as provided in §§ 56-61-107 and 56-61-108 , unless otherwise provided by this chapter. (b) A health carrier shall file with the commissioner a copy of the procedures required under subsection (a), including all forms used to process requests made pursuant to §§ 56-61-107 and 56-61-108 . Any subsequent material modifications to the documents also shall be filed. (c) A description of the grievance procedures required under this section shall be set forth in or attached to the membership booklet, provider manual, and health carrier's web site. The health carrier may include a description of the grievance procedures in the policy, certificate, outline of coverage or other evidence of coverage provided to aggrieved persons. Acts 2010, ch. 980, § 7.
(a) Except as specified in § 56-61-109 , a health carrier shall use written procedures for receiving and resolving grievances from aggrieved persons, as provided in §§ 56-61-107 and 56-61-108 , unless otherwise provided by this chapter.
(b) A health carrier shall file with the commissioner a copy of the procedures required under subsection (a), including all forms used to process requests made pursuant to §§ 56-61-107 and 56-61-108 . Any subsequent material modifications to the documents also shall be filed.
(c) A description of the grievance procedures required under this section shall be set forth in or attached to the membership booklet, provider manual, and health carrier's web site. The health carrier may include a description of the grievance procedures in the policy, certificate, outline of coverage or other evidence of coverage provided to aggrieved persons.
Acts 2010, ch. 980, § 7.
Tenn. Code Ann. § 56-29-102 — TN Code / Title 56 / Chapter 29 / Section 56-29-102
Corporations covered by this chapter
Status: in_force

Any corporation not for profit organized under the former General Welfare Corporation Act, or under former title 48, chapters 1-14 [repealed] for the purpose of establishing, maintaining and operating a nonprofit hospital service corporation and of providing medical benefits, whereby hospital service may be provided by a hospital or group of hospitals with which the corporation has a contract for that purpose and whereby the corporation may provide cash indemnity for medical expense, to such of the public as become subscribers to the corporation under a contract that entitles each subscriber to certain hospital care and to certain cash indemnity benefits for medical expense, shall be governed by this chapter. Acts 1949, ch. 234, § 1; C. Supp. 1950, § 4186.43 (Williams, § 4186.46); impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A. (orig. ed.), § 56-3102.
Any corporation not for profit organized under the former General Welfare Corporation Act, or under former title 48, chapters 1-14 [repealed] for the purpose of establishing, maintaining and operating a nonprofit hospital service corporation and of providing medical benefits, whereby hospital service may be provided by a hospital or group of hospitals with which the corporation has a contract for that purpose and whereby the corporation may provide cash indemnity for medical expense, to such of the public as become subscribers to the corporation under a contract that entitles each subscriber to certain hospital care and to certain cash indemnity benefits for medical expense, shall be governed by this chapter.
Acts 1949, ch. 234, § 1; C. Supp. 1950, § 4186.43 (Williams, § 4186.46); impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A. (orig. ed.), § 56-3102.
Tenn. Code Ann. § 56-59-101 — TN Code / Title 56 / Chapter 59 / Section 56-59-101
Short title - Purpose - Applicability
Status: in_force

(a) This chapter shall be known and may be cited as the "Guaranteed Asset Protection Waiver Act of 2008." (b) The purpose of this chapter is to provide a framework within which guaranteed asset protection (GAP) waivers are defined and may be offered within the state. GAP waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, soliciting, negotiating, selling or offering to sell GAP waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements. This chapter does not apply to an insurance policy offered by an insurer under the insurance laws of this state or a debt cancellation or debt suspension contract being offered in compliance in 12 CFR Part 37 or 12 CFR Part 721 or other state or federal law, including § 45-2-601 . Acts 2008 , ch. 1055, § 2.
(a) This chapter shall be known and may be cited as the "Guaranteed Asset Protection Waiver Act of 2008."
(b) The purpose of this chapter is to provide a framework within which guaranteed asset protection (GAP) waivers are defined and may be offered within the state. GAP waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, soliciting, negotiating, selling or offering to sell GAP waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements. This chapter does not apply to an insurance policy offered by an insurer under the insurance laws of this state or a debt cancellation or debt suspension contract being offered in compliance in 12 CFR Part 37 or 12 CFR Part 721 or other state or federal law, including § 45-2-601 .
Acts 2008 , ch. 1055, § 2.
Tenn. Code Ann. § 56-7-1118 — TN Code / Title 56 / Chapter 7 / Section 56-7-1118
Compliance of automobile liability insurers with requirements of James Lee Atwood Jr. Law
Status: in_force

(a) Automobile liability insurers, as defined in § 55-12-203 , shall comply with any requirements set forth in the James Lee Atwood Jr. Law, compiled in title 55, chapter 12, part 2, and any rules promulgated thereto. (b) Automobile liability insurers, as defined in § 55-12-203 , shall also comply with the following requirements: (1) Cooperate with the department of revenue or its designated agent, the department of safety, and the department of commerce and insurance in establishing, operating, and maintaining the vehicle insurance verification program, as defined in § 55-12-203 ; (2) Maintain the data necessary to verify the existence of financial responsibility, including liability insurance coverage provided to its customers pursuant to the required time period established by the department of revenue, for the vehicle insurance verification program; (3) Maintain Internet service, pursuant to the requirements established under the James Lee Atwood Jr. Law, through which online insurance verification can take place, including responding to authorized inquiries from the department of revenue or its designated agent of the vehicle insurance verification program; and (4) Provide security consistent with accepted insurance industry and United States motor vehicle agency standards related to the transmission of personal data. (c) Automobile liability insurers that make a good faith effort to comply with the requirements described in subsections (a) and (b), shall have immunity from civil and administrative liability as to any action related to the good faith effort. Added by 2015 Tenn. Acts, ch. 511,s 7, eff. 1/1/2016.
(a) Automobile liability insurers, as defined in § 55-12-203 , shall comply with any requirements set forth in the James Lee Atwood Jr. Law, compiled in title 55, chapter 12, part 2, and any rules promulgated thereto.
(b) Automobile liability insurers, as defined in § 55-12-203 , shall also comply with the following requirements: (1) Cooperate with the department of revenue or its designated agent, the department of safety, and the department of commerce and insurance in establishing, operating, and maintaining the vehicle insurance verification program, as defined in § 55-12-203 ; (2) Maintain the data necessary to verify the existence of financial responsibility, including liability insurance coverage provided to its customers pursuant to the required time period established by the department of revenue, for the vehicle insurance verification program; (3) Maintain Internet service, pursuant to the requirements established under the James Lee Atwood Jr. Law, through which online insurance verification can take place, including responding to authorized inquiries from the department of revenue or its designated agent of the vehicle insurance verification program; and (4) Provide security consistent with accepted insurance industry and United States motor vehicle agency standards related to the transmission of personal data.
(1) Cooperate with the department of revenue or its designated agent, the department of safety, and the department of commerce and insurance in establishing, operating, and maintaining the vehicle insurance verification program, as defined in § 55-12-203 ;
(2) Maintain the data necessary to verify the existence of financial responsibility, including liability insurance coverage provided to its customers pursuant to the required time period established by the department of revenue, for the vehicle insurance verification program;
(3) Maintain Internet service, pursuant to the requirements established under the James Lee Atwood Jr. Law, through which online insurance verification can take place, including responding to authorized inquiries from the department of revenue or its designated agent of the vehicle insurance verification program; and
(4) Provide security consistent with accepted insurance industry and United States motor vehicle agency standards related to the transmission of personal data.
(c) Automobile liability insurers that make a good faith effort to comply with the requirements described in subsections (a) and (b), shall have immunity from civil and administrative liability as to any action related to the good faith effort.
Added by 2015 Tenn. Acts, ch. 511,s 7, eff. 1/1/2016.
Tenn. Code Ann. § 56-32-118 — TN Code / Title 56 / Chapter 32 / Section 56-32-118
Rules and regulations - Notice of hearing for denial, revocation or suspension of certificates - Administrative procedure
Status: in_force

(a) The commissioner of commerce and insurance and the commissioner of health may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to carry out this chapter. (b) When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall notify the HMO in writing specifically stating the grounds for denial, suspension or revocation and fixing a time of at least thirty (30) days thereafter for a hearing on the matter. (c) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to proceedings under this section. Acts 1986, ch. 713, §18; 1997 , ch. 60, § 3; T.C.A. § 56-32-218.
(a) The commissioner of commerce and insurance and the commissioner of health may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to carry out this chapter.
(b) When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, the commissioner shall notify the HMO in writing specifically stating the grounds for denial, suspension or revocation and fixing a time of at least thirty (30) days thereafter for a hearing on the matter.
(c) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall apply to proceedings under this section.
Acts 1986, ch. 713, §18; 1997 , ch. 60, § 3; T.C.A. § 56-32-218.
Tenn. Code Ann. § 56-6-123 — TN Code / Title 56 / Chapter 6 / Section 56-6-123
Assumed names
Status: in_force

An insurance producer doing business under any name other than the producer's legal name is required to notify the commissioner prior to using the assumed name. Acts 2002, ch. 798, § 24.
An insurance producer doing business under any name other than the producer's legal name is required to notify the commissioner prior to using the assumed name.
Acts 2002, ch. 798, § 24.
Tenn. Code Ann. § 56-3-701 — TN Code / Title 56 / Chapter 3 / Section 56-3-701
"Equity security" defined
Status: in_force

As used in this part, "equity security" means any stock or similar security, or any security convertible, with or without consideration, into a stock or similar security, or carrying a warrant or right to subscribe or to purchase a stock or similar security; or a warrant or right; or any other security that the commissioner deems to be of similar nature and considers necessary or appropriate, by rules and regulations the commissioner prescribes in the public interest or for the protection of investors, to treat as an equity security. Acts 1965, ch. 95, § 6; T.C.A., §§ 56-255, 56-337.
As used in this part, "equity security" means any stock or similar security, or any security convertible, with or without consideration, into a stock or similar security, or carrying a warrant or right to subscribe or to purchase a stock or similar security; or a warrant or right; or any other security that the commissioner deems to be of similar nature and considers necessary or appropriate, by rules and regulations the commissioner prescribes in the public interest or for the protection of investors, to treat as an equity security.
Acts 1965, ch. 95, § 6; T.C.A., §§ 56-255, 56-337.
Tenn. Code Ann. § 56-13-205 — TN Code / Title 56 / Chapter 13 / Section 56-13-205
Participation in a protected cell captive insurance company
Status: in_force

(a) Associations, corporations, limited liability companies, partnerships, trusts, and other business entities may be participants in any protected cell captive insurance company formed or licensed under this chapter. (b) A sponsor may be a participant in a protected cell captive insurance company. (c) A participant need not be a shareholder of the protected cell captive insurance company or any affiliate thereof. (d) A participant shall insure only its own risks through a protected cell captive insurance company, unless otherwise approved by the commissioner. Amended by 2013 Tenn. Acts, ch. 139,Secs.s13, s14 eff. 4/12/2013. Acts 2011, ch. 468, § 1.
(a) Associations, corporations, limited liability companies, partnerships, trusts, and other business entities may be participants in any protected cell captive insurance company formed or licensed under this chapter.
(b) A sponsor may be a participant in a protected cell captive insurance company.
(c) A participant need not be a shareholder of the protected cell captive insurance company or any affiliate thereof.
(d) A participant shall insure only its own risks through a protected cell captive insurance company, unless otherwise approved by the commissioner.
Amended by 2013 Tenn. Acts, ch. 139,Secs.s13, s14 eff. 4/12/2013.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-25-602 — TN Code / Title 56 / Chapter 25 / Section 56-25-602
Annual reports
Status: in_force

Reports shall be filed in accordance with the following provisions: (1) Every society transacting business in this state shall annually, on or before March 1, unless time has been extended by the commissioner for cause shown, file with the commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay the fee specified in § 56-4-101 for filing the statement. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the commissioner; (2) As part of the annual statement herein required, each society shall, on or before March 1, file with the commissioner a valuation of its certificates in force on December 31 last preceding; provided, that the commissioner has the discretion, for cause shown, to extend the time for filing the valuation, for no more than two (2) calendar months. The valuation shall be done in accordance with the standards specified in § 56-25-601 . The valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society; and (3) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars ($100) for each day during which the neglect continues, and, upon notice by the commissioner to that effect, its authority to do business in this state shall cease while the default continues. Acts 1990, ch. 703, § 1.
Reports shall be filed in accordance with the following provisions:
(1) Every society transacting business in this state shall annually, on or before March 1, unless time has been extended by the commissioner for cause shown, file with the commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay the fee specified in § 56-4-101 for filing the statement. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the commissioner;
(2) As part of the annual statement herein required, each society shall, on or before March 1, file with the commissioner a valuation of its certificates in force on December 31 last preceding; provided, that the commissioner has the discretion, for cause shown, to extend the time for filing the valuation, for no more than two (2) calendar months. The valuation shall be done in accordance with the standards specified in § 56-25-601 . The valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society; and
(3) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit one hundred dollars ($100) for each day during which the neglect continues, and, upon notice by the commissioner to that effect, its authority to do business in this state shall cease while the default continues.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-7-1303 — TN Code / Title 56 / Chapter 7 / Section 56-7-1303
Notice of cancellation
Status: in_force

(a) (1) No notice of cancellation of a policy shall be effective unless mailed or delivered by the insurer, its authorized agent or employee, to the named insured as shown in the policy declarations at the address shown in the declarations, stating when not less than twenty (20) days thereafter the cancellation shall be effective; provided, the policy may be cancelled by the company by mailing to the insured written notice stating when not less than ten (10) days thereafter the cancellation shall be effective, if: (A) The cancellation is due to nonpayment of premium; or (B) The policy has been in effect less than sixty (60) days and is not a renewal policy. (2) The mailing of the notice shall be sufficient proof of notice. (3) The effective date and hour of cancellation stated in the notice shall become the end of the policy period, unless the insured surrenders the policy and requests cancellation prior to the date and hour specified in the cancellation notice. (4) Delivery of the written notice either by the insured or by the company shall be equivalent to mailing. (b) (1) If the reason or reasons for cancellation are not included in the notice of cancellation, then at the written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation, the insurer shall specify any and all reasons for the cancellation. This subdivision (b)(1) only applies to policies that have been in force sixty (60) days beyond the initial effective date. (2) Every renewal policy shall be presumed to be in effect for at least sixty (60) days. Any notice of cancellation shall advise the insured that the insured may request the reasons for cancellation by written request mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation. (c) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to the reason for cancellation, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining to the cancellation, or for statements made or evidence submitted at any hearings conducted in connection with the cancellation. Acts 1968, ch. 582, § 3; 1979, ch. 357, §§ 1, 2; T.C.A., § 56-1156.
(a) (1) No notice of cancellation of a policy shall be effective unless mailed or delivered by the insurer, its authorized agent or employee, to the named insured as shown in the policy declarations at the address shown in the declarations, stating when not less than twenty (20) days thereafter the cancellation shall be effective; provided, the policy may be cancelled by the company by mailing to the insured written notice stating when not less than ten (10) days thereafter the cancellation shall be effective, if: (A) The cancellation is due to nonpayment of premium; or (B) The policy has been in effect less than sixty (60) days and is not a renewal policy. (2) The mailing of the notice shall be sufficient proof of notice. (3) The effective date and hour of cancellation stated in the notice shall become the end of the policy period, unless the insured surrenders the policy and requests cancellation prior to the date and hour specified in the cancellation notice. (4) Delivery of the written notice either by the insured or by the company shall be equivalent to mailing.
(1) No notice of cancellation of a policy shall be effective unless mailed or delivered by the insurer, its authorized agent or employee, to the named insured as shown in the policy declarations at the address shown in the declarations, stating when not less than twenty (20) days thereafter the cancellation shall be effective; provided, the policy may be cancelled by the company by mailing to the insured written notice stating when not less than ten (10) days thereafter the cancellation shall be effective, if: (A) The cancellation is due to nonpayment of premium; or (B) The policy has been in effect less than sixty (60) days and is not a renewal policy.
(A) The cancellation is due to nonpayment of premium; or
(B) The policy has been in effect less than sixty (60) days and is not a renewal policy.
(2) The mailing of the notice shall be sufficient proof of notice.
(3) The effective date and hour of cancellation stated in the notice shall become the end of the policy period, unless the insured surrenders the policy and requests cancellation prior to the date and hour specified in the cancellation notice.
(4) Delivery of the written notice either by the insured or by the company shall be equivalent to mailing.
(b) (1) If the reason or reasons for cancellation are not included in the notice of cancellation, then at the written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation, the insurer shall specify any and all reasons for the cancellation. This subdivision (b)(1) only applies to policies that have been in force sixty (60) days beyond the initial effective date. (2) Every renewal policy shall be presumed to be in effect for at least sixty (60) days. Any notice of cancellation shall advise the insured that the insured may request the reasons for cancellation by written request mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation.
(1) If the reason or reasons for cancellation are not included in the notice of cancellation, then at the written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation, the insurer shall specify any and all reasons for the cancellation. This subdivision (b)(1) only applies to policies that have been in force sixty (60) days beyond the initial effective date.
(2) Every renewal policy shall be presumed to be in effect for at least sixty (60) days. Any notice of cancellation shall advise the insured that the insured may request the reasons for cancellation by written request mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation.
(c) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to the reason for cancellation, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining to the cancellation, or for statements made or evidence submitted at any hearings conducted in connection with the cancellation.
Acts 1968, ch. 582, § 3; 1979, ch. 357, §§ 1, 2; T.C.A., § 56-1156.
Tenn. Code Ann. § 56-5-105 — TN Code / Title 56 / Chapter 5 / Section 56-5-105
Filing by personal risk insurers
Status: in_force

(a) Every insurer of personal risk insurance shall file with the commissioner all rates, supplementary rate information, supporting information, policy forms, and endorsements at least thirty (30) days before the proposed effective date. (b) The commissioner may give written notice, within thirty (30) days of the receipt of the filing, that the commissioner needs additional time, not to exceed thirty (30) days from the date of the notice, to consider the filing. (c) Upon written application by the insurer, the commissioner may authorize rates to be effective before the expiration of the waiting period or an extension of the waiting period. (d) (1) A filing shall be deemed to meet the requirements of this part and to become effective unless disapproved by the commissioner before the expiration of the waiting period or an extension of the waiting period. (2) Whenever a filing made pursuant to this section is not accompanied by sufficient supporting information, the commissioner shall inform the insurer as to what information is required to complete the filing. (3) The filing shall not be deemed to be made until the information is furnished. Acts 1983, ch. 66, § 6.
(a) Every insurer of personal risk insurance shall file with the commissioner all rates, supplementary rate information, supporting information, policy forms, and endorsements at least thirty (30) days before the proposed effective date.
(b) The commissioner may give written notice, within thirty (30) days of the receipt of the filing, that the commissioner needs additional time, not to exceed thirty (30) days from the date of the notice, to consider the filing.
(c) Upon written application by the insurer, the commissioner may authorize rates to be effective before the expiration of the waiting period or an extension of the waiting period.
(d) (1) A filing shall be deemed to meet the requirements of this part and to become effective unless disapproved by the commissioner before the expiration of the waiting period or an extension of the waiting period. (2) Whenever a filing made pursuant to this section is not accompanied by sufficient supporting information, the commissioner shall inform the insurer as to what information is required to complete the filing. (3) The filing shall not be deemed to be made until the information is furnished.
(1) A filing shall be deemed to meet the requirements of this part and to become effective unless disapproved by the commissioner before the expiration of the waiting period or an extension of the waiting period.
(2) Whenever a filing made pursuant to this section is not accompanied by sufficient supporting information, the commissioner shall inform the insurer as to what information is required to complete the filing.
(3) The filing shall not be deemed to be made until the information is furnished.
Acts 1983, ch. 66, § 6.
Tenn. Code Ann. § 56-2-1011 — TN Code / Title 56 / Chapter 2 / Section 56-2-1011
Rules
Status: in_force

The commissioner may promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
The commissioner may promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.