Tenn. Code Ann. § 56-1-409 — TN Code / Title 56 / Chapter 1 / Section 56-1-409
Examination when deemed prudent or requested
Status: in_force

(a) The commissioner shall also make an examination of each insurance company licensed in this state whenever the commissioner deems it prudent to do so, or upon the request of five (5) or more of the stockholders or persons pecuniarily interested in the company, who shall make affidavit of their belief, with specifications of their reasons for the belief, that the company is in an unsound condition. (b) For the purpose of ascertaining financial condition or legality of conduct, the commissioner may, for good cause, make an investigation and examination, independent of any other examination of an insurer or proposed insurer, of any accounts, records, files, documents, and transactions pertaining to the business of insurance. The investigatory and examination authority shall extend to: (1) Any insurance agency, agent, general agent, surplus lines agent, insurance representative, or any person holding out to be an insurance agency, agent, general agent, surplus lines agent, or insurance representative; (2) Any person having a contract under which that person enjoys by terms or in fact the exclusive or dominant right to manage or control an insurer; (3) Any corporation, association, or person engaged in the business of adjusting losses, financing premiums, or furnishing insurance services in the form of administrative services only to self-insured groups; (4) Any other individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance; and (5) Any employer that self-insures its workers' compensation liabilities pursuant to § 50-6-405(b) or a group of employers qualifying as self-insurers pursuant to § 50-6-405(c) . Acts 1895, ch. 160, § 4; Shan., § 3279; Code 1932, § 6093; Acts 1978, ch. 647, § 1; T.C.A. (orig. ed.), § 56-121; Acts 2004, ch. 962, § 38.
(a) The commissioner shall also make an examination of each insurance company licensed in this state whenever the commissioner deems it prudent to do so, or upon the request of five (5) or more of the stockholders or persons pecuniarily interested in the company, who shall make affidavit of their belief, with specifications of their reasons for the belief, that the company is in an unsound condition.
(b) For the purpose of ascertaining financial condition or legality of conduct, the commissioner may, for good cause, make an investigation and examination, independent of any other examination of an insurer or proposed insurer, of any accounts, records, files, documents, and transactions pertaining to the business of insurance. The investigatory and examination authority shall extend to: (1) Any insurance agency, agent, general agent, surplus lines agent, insurance representative, or any person holding out to be an insurance agency, agent, general agent, surplus lines agent, or insurance representative; (2) Any person having a contract under which that person enjoys by terms or in fact the exclusive or dominant right to manage or control an insurer; (3) Any corporation, association, or person engaged in the business of adjusting losses, financing premiums, or furnishing insurance services in the form of administrative services only to self-insured groups; (4) Any other individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance; and (5) Any employer that self-insures its workers' compensation liabilities pursuant to § 50-6-405(b) or a group of employers qualifying as self-insurers pursuant to § 50-6-405(c) .
(1) Any insurance agency, agent, general agent, surplus lines agent, insurance representative, or any person holding out to be an insurance agency, agent, general agent, surplus lines agent, or insurance representative;
(2) Any person having a contract under which that person enjoys by terms or in fact the exclusive or dominant right to manage or control an insurer;
(3) Any corporation, association, or person engaged in the business of adjusting losses, financing premiums, or furnishing insurance services in the form of administrative services only to self-insured groups;
(4) Any other individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance; and
(5) Any employer that self-insures its workers' compensation liabilities pursuant to § 50-6-405(b) or a group of employers qualifying as self-insurers pursuant to § 50-6-405(c) .
Acts 1895, ch. 160, § 4; Shan., § 3279; Code 1932, § 6093; Acts 1978, ch. 647, § 1; T.C.A. (orig. ed.), § 56-121; Acts 2004, ch. 962, § 38.
Tenn. Code Ann. § 56-54-108 — TN Code / Title 56 / Chapter 54 / Section 56-54-108
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 9.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 9.
Tenn. Code Ann. § 56-43-113 — TN Code / Title 56 / Chapter 43 / Section 56-43-113
Examinations
Status: in_force

(a) The commissioner shall make an examination of the affairs of any insurer as often as the commissioner deems it necessary for the protection of the interests of the people of this state. (b) The provisions concerning financial valuations and examinations of companies, compiled in chapter 1, part 4 of this title, apply to examinations conducted under this chapter. Acts 1989, ch. 423, § 12.
(a) The commissioner shall make an examination of the affairs of any insurer as often as the commissioner deems it necessary for the protection of the interests of the people of this state.
(b) The provisions concerning financial valuations and examinations of companies, compiled in chapter 1, part 4 of this title, apply to examinations conducted under this chapter.
Acts 1989, ch. 423, § 12.
Tenn. Code Ann. § 56-12-212 — TN Code / Title 56 / Chapter 12 / Section 56-12-212
Right of offset
Status: in_force

(a) (1) A member insurer may offset against any premium, franchise, excise or income tax liability or liabilities to this state an assessment described in § 56-12-208(h) to the extent of the lesser of: (A) Ten percent (10%) of the amount of such assessment for each of the ten (10) calendar years following the year in which such assessment was paid; or (B) One tenth of one percent (0.10%) of all premiums written in this state by the member insurer for each calendar year until recovery of the assessment or assessments is made. (2) In the event a member insurer ceases doing business in this state, all uncredited assessments may be credited against any premium, franchise, excise, or income tax due for the year it ceases doing business. (b) A member insurer may transfer any offset right as described in this section to an affiliated member insurer. As used in this section: (1) "Affiliated member insurer" means an insurance company licensed or holding a certificate of authority to do business in this state that controls, is controlled by, or is under common control with, another member insurer; and (2) "Control" means holding, directly or indirectly, the ownership of, or power to vote, one hundred percent (100%) of the voting stock of another member insurer. (c) Any sums that are acquired by refund, pursuant to § 56-12-208(f) , from the association by member insurers, and that have theretofore been offset against premium, franchise, excise, or income taxes as provided in subsection (a), shall be paid by such insurers to this state in such manner as the tax authorities may require. The association shall notify the commissioner that such refunds have been made. Acts 1988, ch. 1032, § 12.
(a) (1) A member insurer may offset against any premium, franchise, excise or income tax liability or liabilities to this state an assessment described in § 56-12-208(h) to the extent of the lesser of: (A) Ten percent (10%) of the amount of such assessment for each of the ten (10) calendar years following the year in which such assessment was paid; or (B) One tenth of one percent (0.10%) of all premiums written in this state by the member insurer for each calendar year until recovery of the assessment or assessments is made. (2) In the event a member insurer ceases doing business in this state, all uncredited assessments may be credited against any premium, franchise, excise, or income tax due for the year it ceases doing business.
(1) A member insurer may offset against any premium, franchise, excise or income tax liability or liabilities to this state an assessment described in § 56-12-208(h) to the extent of the lesser of: (A) Ten percent (10%) of the amount of such assessment for each of the ten (10) calendar years following the year in which such assessment was paid; or (B) One tenth of one percent (0.10%) of all premiums written in this state by the member insurer for each calendar year until recovery of the assessment or assessments is made.
(A) Ten percent (10%) of the amount of such assessment for each of the ten (10) calendar years following the year in which such assessment was paid; or
(B) One tenth of one percent (0.10%) of all premiums written in this state by the member insurer for each calendar year until recovery of the assessment or assessments is made.
(2) In the event a member insurer ceases doing business in this state, all uncredited assessments may be credited against any premium, franchise, excise, or income tax due for the year it ceases doing business.
(b) A member insurer may transfer any offset right as described in this section to an affiliated member insurer. As used in this section: (1) "Affiliated member insurer" means an insurance company licensed or holding a certificate of authority to do business in this state that controls, is controlled by, or is under common control with, another member insurer; and (2) "Control" means holding, directly or indirectly, the ownership of, or power to vote, one hundred percent (100%) of the voting stock of another member insurer.
(1) "Affiliated member insurer" means an insurance company licensed or holding a certificate of authority to do business in this state that controls, is controlled by, or is under common control with, another member insurer; and
(2) "Control" means holding, directly or indirectly, the ownership of, or power to vote, one hundred percent (100%) of the voting stock of another member insurer.
(c) Any sums that are acquired by refund, pursuant to § 56-12-208(f) , from the association by member insurers, and that have theretofore been offset against premium, franchise, excise, or income taxes as provided in subsection (a), shall be paid by such insurers to this state in such manner as the tax authorities may require. The association shall notify the commissioner that such refunds have been made.
Acts 1988, ch. 1032, § 12.
Tenn. Code Ann. § 56-1-503 — TN Code / Title 56 / Chapter 1 / Section 56-1-503
False statement - Penalty - Perjury
Status: in_force

(a) For willfully making a false annual or other statement it is required by law to make, an insurance company, and persons making oath to or subscribing to the statement, shall be severally punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (b) Any person making oath to the false statement commits perjury. Acts 1895, ch. 160, § 34; Shan., § 3319; Code 1932, § 6148; T.C.A. (orig. ed.), § 56-133.
(a) For willfully making a false annual or other statement it is required by law to make, an insurance company, and persons making oath to or subscribing to the statement, shall be severally punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(b) Any person making oath to the false statement commits perjury.
Acts 1895, ch. 160, § 34; Shan., § 3319; Code 1932, § 6148; T.C.A. (orig. ed.), § 56-133.
Tenn. Code Ann. § 56-1-111 — TN Code / Title 56 / Chapter 1 / Section 56-1-111
Chronic weight management task force
Status: in_force

(a) There is created the chronic weight management task force to study the health implications of chronic weight management and Type 2 diabetes. (b) The task force is composed of the following members: (1) Three (3) members of the house of representatives, one (1) of whom is the co-chair, appointed by the speaker of the house of representatives; (2) One (1) member who is a licensed certified endocrinologist appointed by the speaker of the house of representatives; (3) Three (3) members of the senate, one (1) of whom is the co-chair appointed by the speaker of the senate; (4) One (1) member who is an obesity expert certified by American Board of Obesity Medicine, appointed by the speaker of the senate; and (5) The commissioner of commerce and insurance or the commissioner's designee. (c) The task force shall study: (1) The health implications of chronic weight management and Type 2 diabetes; (2) The cost associated with the diseases; (3) The various health treatments available to reduce the epidemic in this state caused by the diseases; and (4) How to promote the use of the data to influence decision making to better understand the cost savings for prevention of chronic weight management and Type 2 diabetes. (d) The first meeting of the task force is no later than September 1, 2021. The task force may conduct meetings as it deems necessary to conduct its business. The members shall not receive compensation or travel reimbursement for serving on the task force. (e) The task force is attached to the department of commerce and insurance for administrative purposes. (f) By January 15, 2023, the task force shall report its findings and recommendations to the general assembly at which time this section is repealed and the task force ceases to exist. Added by 2021 Tenn. Acts, ch. 373,s 1, eff. 5/11/2021.
(a) There is created the chronic weight management task force to study the health implications of chronic weight management and Type 2 diabetes.
(b) The task force is composed of the following members: (1) Three (3) members of the house of representatives, one (1) of whom is the co-chair, appointed by the speaker of the house of representatives; (2) One (1) member who is a licensed certified endocrinologist appointed by the speaker of the house of representatives; (3) Three (3) members of the senate, one (1) of whom is the co-chair appointed by the speaker of the senate; (4) One (1) member who is an obesity expert certified by American Board of Obesity Medicine, appointed by the speaker of the senate; and (5) The commissioner of commerce and insurance or the commissioner's designee.
(1) Three (3) members of the house of representatives, one (1) of whom is the co-chair, appointed by the speaker of the house of representatives;
(2) One (1) member who is a licensed certified endocrinologist appointed by the speaker of the house of representatives;
(3) Three (3) members of the senate, one (1) of whom is the co-chair appointed by the speaker of the senate;
(4) One (1) member who is an obesity expert certified by American Board of Obesity Medicine, appointed by the speaker of the senate; and
(5) The commissioner of commerce and insurance or the commissioner's designee.
(c) The task force shall study: (1) The health implications of chronic weight management and Type 2 diabetes; (2) The cost associated with the diseases; (3) The various health treatments available to reduce the epidemic in this state caused by the diseases; and (4) How to promote the use of the data to influence decision making to better understand the cost savings for prevention of chronic weight management and Type 2 diabetes.
(1) The health implications of chronic weight management and Type 2 diabetes;
(2) The cost associated with the diseases;
(3) The various health treatments available to reduce the epidemic in this state caused by the diseases; and
(4) How to promote the use of the data to influence decision making to better understand the cost savings for prevention of chronic weight management and Type 2 diabetes.
(d) The first meeting of the task force is no later than September 1, 2021. The task force may conduct meetings as it deems necessary to conduct its business. The members shall not receive compensation or travel reimbursement for serving on the task force.
(e) The task force is attached to the department of commerce and insurance for administrative purposes.
(f) By January 15, 2023, the task force shall report its findings and recommendations to the general assembly at which time this section is repealed and the task force ceases to exist.
Added by 2021 Tenn. Acts, ch. 373,s 1, eff. 5/11/2021.
Tenn. Code Ann. § 56-50-101 — TN Code / Title 56 / Chapter 50 / Section 56-50-101
Scope and short title
Status: in_force

This chapter applies to life settlements as defined in this chapter and shall be known and may be cited as the "Tennessee Viatical Settlement Act of 2009." Acts 2009, ch. 604, § 2.
This chapter applies to life settlements as defined in this chapter and shall be known and may be cited as the "Tennessee Viatical Settlement Act of 2009."
Acts 2009, ch. 604, § 2.
Tenn. Code Ann. § 56-19-101 — TN Code / Title 56 / Chapter 19 / Section 56-19-101
Incorporators - Number - Residence qualifications
Status: in_force

Any number of persons, not less than twenty (20), a majority of whom are bona fide residents of this state, by complying with this chapter, may become, together with others who may thereafter be associated with them or their successors, a body corporate for the purpose of carrying on the business of mutual insurance as provided in this chapter. Acts 1919, ch. 108, § 1; Shan. Supp., § 3369a58b5; Code 1932, § 6317; T.C.A. (orig. ed.), § 56-1701.
Any number of persons, not less than twenty (20), a majority of whom are bona fide residents of this state, by complying with this chapter, may become, together with others who may thereafter be associated with them or their successors, a body corporate for the purpose of carrying on the business of mutual insurance as provided in this chapter.
Acts 1919, ch. 108, § 1; Shan. Supp., § 3369a58b5; Code 1932, § 6317; T.C.A. (orig. ed.), § 56-1701.
Tenn. Code Ann. § 56-7-3302 — TN Code / Title 56 / Chapter 7 / Section 56-7-3302
Clear identification of material changes to provider manual
Status: in_force

(a) (1) A health insurance entity shall provide notice to a healthcare provider of any material change made in the sole discretion of the insurance entity to the entity's previously released provider manual or a reimbursement rule and policy at least sixty (60) days prior to the effective date of the change, and the health insurance entity shall ensure that any such material change is clearly identified in the following manner: (A) Disclosing or identifying the change in the provider manual through the use of bold print or a font, or both, with the bold print or font being the same or larger size as the font generally used throughout the policy or manual; and (B) Disclosing or identifying the change in the reimbursement rules and policies and the effective date of the change through the use of a separately categorized communication to the provider. (2) Any disclosures required under this subsection (a) may be distributed by either: (A) An internet web-accessible section associated with a web-accessible current version of the provider manual or reimbursement rules and policies; or (B) Written communication sent to a dedicated email address or as stipulated in the contract between the provider and the health insurance entity. The provider shall submit to the health insurance entity a dedicated email address to receive the disclosures required by this subsection (a). (b) Notwithstanding any law to the contrary, nothing in this part shall apply to the TennCare program or any successor Medicaid program provided for in title 71, chapter 5; the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; the Access Tennessee Act of 2006, compiled in part 29 of this chapter; any other plan managed by the health care finance administration division of the department of finance and administration or any successor division or department; or the group insurance plans offered under title 8, chapter 27; or a contract between a healthcare provider and the state or federal government or their agencies for health services provided through Medicare. Amended by 2017 Tenn. Acts, ch. 88,s 1, eff. 1/1/2019. Acts 2009, ch. 334, § 3.
(a) (1) A health insurance entity shall provide notice to a healthcare provider of any material change made in the sole discretion of the insurance entity to the entity's previously released provider manual or a reimbursement rule and policy at least sixty (60) days prior to the effective date of the change, and the health insurance entity shall ensure that any such material change is clearly identified in the following manner: (A) Disclosing or identifying the change in the provider manual through the use of bold print or a font, or both, with the bold print or font being the same or larger size as the font generally used throughout the policy or manual; and (B) Disclosing or identifying the change in the reimbursement rules and policies and the effective date of the change through the use of a separately categorized communication to the provider. (2) Any disclosures required under this subsection (a) may be distributed by either: (A) An internet web-accessible section associated with a web-accessible current version of the provider manual or reimbursement rules and policies; or (B) Written communication sent to a dedicated email address or as stipulated in the contract between the provider and the health insurance entity. The provider shall submit to the health insurance entity a dedicated email address to receive the disclosures required by this subsection (a).
(1) A health insurance entity shall provide notice to a healthcare provider of any material change made in the sole discretion of the insurance entity to the entity's previously released provider manual or a reimbursement rule and policy at least sixty (60) days prior to the effective date of the change, and the health insurance entity shall ensure that any such material change is clearly identified in the following manner: (A) Disclosing or identifying the change in the provider manual through the use of bold print or a font, or both, with the bold print or font being the same or larger size as the font generally used throughout the policy or manual; and (B) Disclosing or identifying the change in the reimbursement rules and policies and the effective date of the change through the use of a separately categorized communication to the provider.
(A) Disclosing or identifying the change in the provider manual through the use of bold print or a font, or both, with the bold print or font being the same or larger size as the font generally used throughout the policy or manual; and
(B) Disclosing or identifying the change in the reimbursement rules and policies and the effective date of the change through the use of a separately categorized communication to the provider.
(2) Any disclosures required under this subsection (a) may be distributed by either: (A) An internet web-accessible section associated with a web-accessible current version of the provider manual or reimbursement rules and policies; or (B) Written communication sent to a dedicated email address or as stipulated in the contract between the provider and the health insurance entity. The provider shall submit to the health insurance entity a dedicated email address to receive the disclosures required by this subsection (a).
(A) An internet web-accessible section associated with a web-accessible current version of the provider manual or reimbursement rules and policies; or
(B) Written communication sent to a dedicated email address or as stipulated in the contract between the provider and the health insurance entity. The provider shall submit to the health insurance entity a dedicated email address to receive the disclosures required by this subsection (a).
(b) Notwithstanding any law to the contrary, nothing in this part shall apply to the TennCare program or any successor Medicaid program provided for in title 71, chapter 5; the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; the Access Tennessee Act of 2006, compiled in part 29 of this chapter; any other plan managed by the health care finance administration division of the department of finance and administration or any successor division or department; or the group insurance plans offered under title 8, chapter 27; or a contract between a healthcare provider and the state or federal government or their agencies for health services provided through Medicare.
Amended by 2017 Tenn. Acts, ch. 88,s 1, eff. 1/1/2019.
Acts 2009, ch. 334, § 3.
Tenn. Code Ann. § 56-7-3719 — TN Code / Title 56 / Chapter 7 / Section 56-7-3719
Website notice requirements
Status: in_force

(a) A health carrier or utilization review organization shall make all current prior authorization requirements readily accessible on its website to healthcare providers. (b) The website must indicate each service subject to prior authorization while satisfying the following requirements: (1) Putting the lettering and notification for each service in bold typeface; (2) Indicating when prior authorization became required for policies issued or delivered in this state, including the termination date or dates, if applicable; (3) Identifying the date when the Tennessee-specific requirement was listed on the health carrier's or its contracted review utilization review organization's website; (4) Providing the date, the prior authorization requirement was removed from the Tennessee-issued policy, if applicable; and (5) Providing access to a standardized electronic prior authorization request transaction process, if applicable. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
(a) A health carrier or utilization review organization shall make all current prior authorization requirements readily accessible on its website to healthcare providers.
(b) The website must indicate each service subject to prior authorization while satisfying the following requirements: (1) Putting the lettering and notification for each service in bold typeface; (2) Indicating when prior authorization became required for policies issued or delivered in this state, including the termination date or dates, if applicable; (3) Identifying the date when the Tennessee-specific requirement was listed on the health carrier's or its contracted review utilization review organization's website; (4) Providing the date, the prior authorization requirement was removed from the Tennessee-issued policy, if applicable; and (5) Providing access to a standardized electronic prior authorization request transaction process, if applicable.
(1) Putting the lettering and notification for each service in bold typeface;
(2) Indicating when prior authorization became required for policies issued or delivered in this state, including the termination date or dates, if applicable;
(3) Identifying the date when the Tennessee-specific requirement was listed on the health carrier's or its contracted review utilization review organization's website;
(4) Providing the date, the prior authorization requirement was removed from the Tennessee-issued policy, if applicable; and
(5) Providing access to a standardized electronic prior authorization request transaction process, if applicable.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-1-404 — TN Code / Title 56 / Chapter 1 / Section 56-1-404
Determination of liability upon contracts of insurance on policies other than life for reinsurance
Status: in_force

To determine the liability upon the contracts of insurance for insurance companies doing business in this state, foreign and domestic, other than life, the commissioner shall require the companies to charge, as the liability for reinsurance of outstanding policies, fifty percent (50%) of the premiums received on policies or risks having not more than one (1) year to run, and a pro rata of all premiums received on policies or risks having more than one (1) year to run. Acts 1895, ch. 160, § 8; 1897, ch. 37, § 1; Shan., § 3290; Code 1932, § 6105; Acts 1947, ch. 173, § 1; C. Supp. 1950, § 6105; T.C.A. (orig. ed.), § 56-116.
To determine the liability upon the contracts of insurance for insurance companies doing business in this state, foreign and domestic, other than life, the commissioner shall require the companies to charge, as the liability for reinsurance of outstanding policies, fifty percent (50%) of the premiums received on policies or risks having not more than one (1) year to run, and a pro rata of all premiums received on policies or risks having more than one (1) year to run.
Acts 1895, ch. 160, § 8; 1897, ch. 37, § 1; Shan., § 3290; Code 1932, § 6105; Acts 1947, ch. 173, § 1; C. Supp. 1950, § 6105; T.C.A. (orig. ed.), § 56-116.
Tenn. Code Ann. § 56-6-411 — TN Code / Title 56 / Chapter 6 / Section 56-6-411
Waiver of license requirements
Status: in_force

The commissioner may waive the requirements of § 56-6-410 for any person or class of persons. The factors taken into account in granting the waiver shall include, but not be limited to: (1) Whether the person acting as an administrator is primarily in a business other than that of administrator; (2) Whether the financial strength or history of the organization indicates stability in its continuity of doing business; and (3) Whether the regular duties being performed as an administrator are such that the covered persons are not likely to be injured by a waiver of the requirements. Acts 1980, ch. 640, § 11.
The commissioner may waive the requirements of § 56-6-410 for any person or class of persons. The factors taken into account in granting the waiver shall include, but not be limited to:
(1) Whether the person acting as an administrator is primarily in a business other than that of administrator;
(2) Whether the financial strength or history of the organization indicates stability in its continuity of doing business; and
(3) Whether the regular duties being performed as an administrator are such that the covered persons are not likely to be injured by a waiver of the requirements.
Acts 1980, ch. 640, § 11.
Tenn. Code Ann. § 56-12-210 — TN Code / Title 56 / Chapter 12 / Section 56-12-210
Powers and duties of commissioner - Judicial review
Status: in_force

(a) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall: (1) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer; (2) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this part; and (3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator. (b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer who fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month. (c) Any action of the board of directors or the association may be appealed to the commissioner by any member insurer, if such appeal is taken within sixty (60) days of the final action which is being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and be available to meet association obligations during the pendancy of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction. (d) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this part. Acts 1988, ch. 1032, § 10.
(a) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall: (1) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer; (2) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this part; and (3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.
(1) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer;
(2) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this part; and
(3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.
(b) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer who fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month.
(c) Any action of the board of directors or the association may be appealed to the commissioner by any member insurer, if such appeal is taken within sixty (60) days of the final action which is being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and be available to meet association obligations during the pendancy of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction.
(d) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of this part.
Acts 1988, ch. 1032, § 10.
Tenn. Code Ann. § 56-26-126 — TN Code / Title 56 / Chapter 26 / Section 56-26-126
Insurer's option to renew to be stated on face of policy
Status: in_force

No policy of accident, sickness or hospital insurance in which the insurer reserves the right to refuse renewal thereof shall be delivered or issued for delivery to any person in this state unless the policy shall show conspicuously on the face thereof the words, "RENEWABLE AT OPTION OF COMPANY," or similar wording which, in the opinion of the commissioner, has substantially the same meaning and effect. Acts 1970, ch. 455, § 2; 1976, ch. 397, § 6; T.C.A., § 56-3326.
No policy of accident, sickness or hospital insurance in which the insurer reserves the right to refuse renewal thereof shall be delivered or issued for delivery to any person in this state unless the policy shall show conspicuously on the face thereof the words, "RENEWABLE AT OPTION OF COMPANY," or similar wording which, in the opinion of the commissioner, has substantially the same meaning and effect.
Acts 1970, ch. 455, § 2; 1976, ch. 397, § 6; T.C.A., § 56-3326.
Tenn. Code Ann. § 56-7-2702 — TN Code / Title 56 / Chapter 7 / Section 56-7-2702
Limitations on insurance cancellation - Genetic testing prohibited - Individual consent required - Exceptions
Status: in_force

(a) A life insurance provider shall not cancel insurance coverage for an individual or a family member of an individual based solely on the individual's or family member's genetic information. (b) A life insurance provider shall not request or require an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability, and shall not require the complete genome sequencing of an individual's DNA. (c) A life insurance provider shall not access sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent. (d) This section does not prevent a life insurance provider from requesting or obtaining existing health information for underwriting, including genetic information contained within an individual's medical record. Amended by 2023 Tenn. Acts, ch. 246, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 246, s 2, eff. 7/1/2023. Acts 1997 , ch. 121, § 2.
(a) A life insurance provider shall not cancel insurance coverage for an individual or a family member of an individual based solely on the individual's or family member's genetic information.
(b) A life insurance provider shall not request or require an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability, and shall not require the complete genome sequencing of an individual's DNA.
(c) A life insurance provider shall not access sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent.
(d) This section does not prevent a life insurance provider from requesting or obtaining existing health information for underwriting, including genetic information contained within an individual's medical record.
Amended by 2023 Tenn. Acts, ch. 246, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 246, s 2, eff. 7/1/2023.
Acts 1997 , ch. 121, § 2.
Tenn. Code Ann. § 56-7-1902 — TN Code / Title 56 / Chapter 7 / Section 56-7-1902
Statement of reasons for nonrenewal - Liability of information providers
Status: in_force

(a) Unless the nonrenewal notice contains a reason for the nonrenewal action, the notice shall advise the insured that upon written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days after the effective date of the nonrenewal, the insurer will within twenty (20) days mail to the named insured a written statement specifying a reason for the nonrenewal action. (b) 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 against any firm, person or corporation furnishing information to the insurer, as to the reason for nonrenewal. Acts 1989, ch. 157, § 1.
(a) Unless the nonrenewal notice contains a reason for the nonrenewal action, the notice shall advise the insured that upon written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days after the effective date of the nonrenewal, the insurer will within twenty (20) days mail to the named insured a written statement specifying a reason for the nonrenewal action.
(b) 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 against any firm, person or corporation furnishing information to the insurer, as to the reason for nonrenewal.
Acts 1989, ch. 157, § 1.
Tenn. Code Ann. § 56-25-305 — TN Code / Title 56 / Chapter 25 / Section 56-25-305
Method of consolidation or merger
Status: in_force

(a) A domestic society may consolidate or merge with any other society by complying with this section. It shall file with the commissioner: (1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31, next preceding the date of the contract; (3) A certificate of the officers duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and (4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society. (b) (1) If the commissioner finds that the contract is in conformity with this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to such effect. (2) Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In this event, the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of the state or territory and a certificate of the approval filed with the commissioner of commerce and insurance of this state or, if the laws of the state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of insurance of the state or territory, and a certificate of the approval filed with the commissioner of commerce and insurance of this state. (3) In case the contract is not approved, it shall be inoperative, and the fact of the submission and its contents shall not be disclosed by the commissioner. (c) Upon the consolidation or merger becoming effective as provided in this section, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of the real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after the consolidation or merger. (d) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that the notice or document has been duly addressed and mailed, shall be prima facie evidence that the notice or document has been furnished the addressees. (e) (1) All necessary and actual expenses and compensation incident to the proceedings provided in this section shall be paid as provided by the contract of consolidation or merger. (2) No brokerage or commission shall be included in the expenses and compensation or shall be paid to any person by either of the parties to any such contract in connection with the negotiation therefor or execution thereof, nor shall any compensation be paid to any officer or employee of either of the parties to the contract for directly or indirectly aiding in effecting the contract of consolidation or merger. (3) An itemized statement of all the expenses shall be filed with the commissioner, subject to approval, and, when approved, shall be binding on the parties to the contract. (4) Except as fully expressed in the contract of consolidation or merger, or itemized statement of expenses, as approved by the commissioner or commissioners, as the case may be, no compensation shall be paid to any person or persons, and no officer or employee of the state shall receive any compensation, directly or indirectly, for in any manner aiding, promoting or assisting any such consolidation or merger. Acts 1990, ch. 703, § 1.
(a) A domestic society may consolidate or merge with any other society by complying with this section. It shall file with the commissioner: (1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31, next preceding the date of the contract; (3) A certificate of the officers duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and (4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society.
(1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;
(2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than December 31, next preceding the date of the contract;
(3) A certificate of the officers duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds (2/3) vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each such body, or, if the society's laws so permit, by mail; and
(4) Evidence that at least sixty (60) days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society.
(b) (1) If the commissioner finds that the contract is in conformity with this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to such effect. (2) Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In this event, the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of the state or territory and a certificate of the approval filed with the commissioner of commerce and insurance of this state or, if the laws of the state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of insurance of the state or territory, and a certificate of the approval filed with the commissioner of commerce and insurance of this state. (3) In case the contract is not approved, it shall be inoperative, and the fact of the submission and its contents shall not be disclosed by the commissioner.
(1) If the commissioner finds that the contract is in conformity with this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, the commissioner shall approve the contract and issue a certificate to such effect.
(2) Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In this event, the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of the state or territory and a certificate of the approval filed with the commissioner of commerce and insurance of this state or, if the laws of the state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner of insurance of the state or territory, and a certificate of the approval filed with the commissioner of commerce and insurance of this state.
(3) In case the contract is not approved, it shall be inoperative, and the fact of the submission and its contents shall not be disclosed by the commissioner.
(c) Upon the consolidation or merger becoming effective as provided in this section, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of the real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after the consolidation or merger.
(d) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that the notice or document has been duly addressed and mailed, shall be prima facie evidence that the notice or document has been furnished the addressees.
(e) (1) All necessary and actual expenses and compensation incident to the proceedings provided in this section shall be paid as provided by the contract of consolidation or merger. (2) No brokerage or commission shall be included in the expenses and compensation or shall be paid to any person by either of the parties to any such contract in connection with the negotiation therefor or execution thereof, nor shall any compensation be paid to any officer or employee of either of the parties to the contract for directly or indirectly aiding in effecting the contract of consolidation or merger. (3) An itemized statement of all the expenses shall be filed with the commissioner, subject to approval, and, when approved, shall be binding on the parties to the contract. (4) Except as fully expressed in the contract of consolidation or merger, or itemized statement of expenses, as approved by the commissioner or commissioners, as the case may be, no compensation shall be paid to any person or persons, and no officer or employee of the state shall receive any compensation, directly or indirectly, for in any manner aiding, promoting or assisting any such consolidation or merger.
(1) All necessary and actual expenses and compensation incident to the proceedings provided in this section shall be paid as provided by the contract of consolidation or merger.
(2) No brokerage or commission shall be included in the expenses and compensation or shall be paid to any person by either of the parties to any such contract in connection with the negotiation therefor or execution thereof, nor shall any compensation be paid to any officer or employee of either of the parties to the contract for directly or indirectly aiding in effecting the contract of consolidation or merger.
(3) An itemized statement of all the expenses shall be filed with the commissioner, subject to approval, and, when approved, shall be binding on the parties to the contract.
(4) Except as fully expressed in the contract of consolidation or merger, or itemized statement of expenses, as approved by the commissioner or commissioners, as the case may be, no compensation shall be paid to any person or persons, and no officer or employee of the state shall receive any compensation, directly or indirectly, for in any manner aiding, promoting or assisting any such consolidation or merger.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-6-105 — TN Code / Title 56 / Chapter 6 / Section 56-6-105
Application for examination
Status: in_force

(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 56-6-109 . The examination must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and rules of this state. A person seeking an insurance producer license shall also: (1) Be at least eighteen (18) years of age; and (2) Meet all other requirements for an insurance license developed and conducted under rules prescribed by the commissioner. (b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable examination fee. (c) An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination. (d) (1) An individual who fails to pass the examination on the first attempt must wait at least ten (10) calendar days before reapplying to take the examination a second time. (2) An individual who fails to pass the examination on the second attempt, or any subsequent attempt, must wait at least thirty (30) calendar days before reapplying to take the examination another time. Amended by 2023 Tenn. Acts, ch. 57, s 1, eff. 3/21/2023. Amended by 2018 Tenn. Acts, ch. 639, s 1, eff. 4/2/2018. Acts 2002, ch. 798, § 6; 2007 , ch. 228, § 1.
(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 56-6-109 . The examination must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and rules of this state. A person seeking an insurance producer license shall also: (1) Be at least eighteen (18) years of age; and (2) Meet all other requirements for an insurance license developed and conducted under rules prescribed by the commissioner.
(1) Be at least eighteen (18) years of age; and
(2) Meet all other requirements for an insurance license developed and conducted under rules prescribed by the commissioner.
(b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable examination fee.
(c) An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
(d) (1) An individual who fails to pass the examination on the first attempt must wait at least ten (10) calendar days before reapplying to take the examination a second time. (2) An individual who fails to pass the examination on the second attempt, or any subsequent attempt, must wait at least thirty (30) calendar days before reapplying to take the examination another time.
(1) An individual who fails to pass the examination on the first attempt must wait at least ten (10) calendar days before reapplying to take the examination a second time.
(2) An individual who fails to pass the examination on the second attempt, or any subsequent attempt, must wait at least thirty (30) calendar days before reapplying to take the examination another time.
Amended by 2023 Tenn. Acts, ch. 57, s 1, eff. 3/21/2023.
Amended by 2018 Tenn. Acts, ch. 639, s 1, eff. 4/2/2018.
Acts 2002, ch. 798, § 6; 2007 , ch. 228, § 1.
Tenn. Code Ann. § 56-51-151 — TN Code / Title 56 / Chapter 51 / Section 56-51-151
Acquisitions
Status: in_force

Any acquisition of, control of, merger, or change of control of a prepaid limited health service organization shall be subject to chapter 11 of this title. For purposes of this section, the term "control" shall have the same meaning as that provided in § 56-11-101(b)(3) . Acts 2000, ch. 948, § 51; 2004, ch. 507, § 1.
Any acquisition of, control of, merger, or change of control of a prepaid limited health service organization shall be subject to chapter 11 of this title. For purposes of this section, the term "control" shall have the same meaning as that provided in § 56-11-101(b)(3) .
Acts 2000, ch. 948, § 51; 2004, ch. 507, § 1.
Tenn. Code Ann. § 56-1-802 — TN Code / Title 56 / Chapter 1 / Section 56-1-802
Recovery of penalties - Imprisonment for failure to pay penalties
Status: in_force

(a) Every penalty fixed in this title, unless otherwise provided for, shall be sued for and recovered in the name of the state by the district attorney general of the district in which the delinquency occurs, and shall be paid into the state treasury. (b) Nonpayment of the penalties is a Class C misdemeanor. Acts 1895, ch. 160, § 37; Shan., § 3322; Code 1932, § 6151; modified; T.C.A. (orig. ed), § 56-140; Acts 1989, ch. 591, § 113.
(a) Every penalty fixed in this title, unless otherwise provided for, shall be sued for and recovered in the name of the state by the district attorney general of the district in which the delinquency occurs, and shall be paid into the state treasury.
(b) Nonpayment of the penalties is a Class C misdemeanor.
Acts 1895, ch. 160, § 37; Shan., § 3322; Code 1932, § 6151; modified; T.C.A. (orig. ed), § 56-140; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 56-1-901 — TN Code / Title 56 / Chapter 1 / Section 56-1-901
Short title and part definitions
Status: in_force

(a) This part shall be known and may be cited as the "Standard Valuation Law." (b) For purposes of this part, the following definitions shall apply on or after the operative date of the valuation manual: (1) "Accident and health insurance contracts" means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness or medical conditions and as may be specified in the valuation manual; (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required in § 56-1-903 ; (3) "Company" means an entity that: (A) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one (1) such policy in force or on claim; or (B) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance or deposit-type contracts in this state; (4) "Deposit-type contract" means contracts that do not incorporate mortality or morbidity risks, and as may be specified in the valuation manual; (5) "Life insurance" means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual; (6) "NAIC" means the National Association of Insurance Commissioners; (7) "Policyholder behavior" means any action a policyholder, contract holder or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this part including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract; (8) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 56-1-915 as specified in the valuation manual; (9) "Qualified actuary" means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual; (10) "Tail risk" means a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude; and (11) "Valuation manual" means the manual of valuation instructions adopted by the NAIC as specified in this part or as subsequently amended. Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
(a) This part shall be known and may be cited as the "Standard Valuation Law."
(b) For purposes of this part, the following definitions shall apply on or after the operative date of the valuation manual: (1) "Accident and health insurance contracts" means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness or medical conditions and as may be specified in the valuation manual; (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required in § 56-1-903 ; (3) "Company" means an entity that: (A) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one (1) such policy in force or on claim; or (B) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance or deposit-type contracts in this state; (4) "Deposit-type contract" means contracts that do not incorporate mortality or morbidity risks, and as may be specified in the valuation manual; (5) "Life insurance" means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual; (6) "NAIC" means the National Association of Insurance Commissioners; (7) "Policyholder behavior" means any action a policyholder, contract holder or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this part including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract; (8) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 56-1-915 as specified in the valuation manual; (9) "Qualified actuary" means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual; (10) "Tail risk" means a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude; and (11) "Valuation manual" means the manual of valuation instructions adopted by the NAIC as specified in this part or as subsequently amended.
(1) "Accident and health insurance contracts" means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness or medical conditions and as may be specified in the valuation manual;
(2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required in § 56-1-903 ;
(3) "Company" means an entity that: (A) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one (1) such policy in force or on claim; or (B) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance or deposit-type contracts in this state;
(A) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in this state and has at least one (1) such policy in force or on claim; or
(B) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state and is required to hold a certificate of authority to write life insurance, accident and health insurance or deposit-type contracts in this state;
(4) "Deposit-type contract" means contracts that do not incorporate mortality or morbidity risks, and as may be specified in the valuation manual;
(5) "Life insurance" means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual;
(6) "NAIC" means the National Association of Insurance Commissioners;
(7) "Policyholder behavior" means any action a policyholder, contract holder or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract subject to this part including, but not limited to, lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization or benefit elections prescribed by the policy or contract but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract;
(8) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 56-1-915 as specified in the valuation manual;
(9) "Qualified actuary" means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements and who meets the requirements specified in the valuation manual;
(10) "Tail risk" means a risk that occurs either where the frequency of low probability events is higher than expected under a normal probability distribution or where there are observed events of very significant size or magnitude; and
(11) "Valuation manual" means the manual of valuation instructions adopted by the NAIC as specified in this part or as subsequently amended.
Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-7-3406 — TN Code / Title 56 / Chapter 7 / Section 56-7-3406
Remittance of proceeds of unclaimed policy, annuity or retained asset account to state
Status: in_force

(a) An insurer is authorized in its discretion, but is not required, to report and remit the proceeds of an unclaimed policy, annuity, or retained asset account to the appropriate state when the insurer, through good faith efforts as evidenced by appropriate documentation, has: (1) Identified a person as deceased through a DMF match through a search described in § 56-7-3404 , or other information source; (2) Validated such information through a secondary information source; (3) Conducted reasonable search efforts for the beneficiary within ninety (90) days after the insurer's validation of the DMF match; and (4) Determined that no beneficiary can be located within one (1) year of the conclusion of search efforts described in subdivision (a)(3). (b) By remitting the proceeds of an unclaimed policy, annuity or retained asset account to the state pursuant to this section or pursuant to title 66, chapter 29, part 1, an insurer shall be relieved from all liability to any person relating to such proceeds. This relief from liability shall be in addition to any other protections provided by law. (c) An insurer shall pay unclaimed proceeds of a policy, annuity, or retained asset account not later than the last day of the period prescribed for such payment under title 66, chapter 29, part 1; provided, that an insurer may pay the unclaimed proceeds of a policy, annuity, or retained asset account prior to the end of such period. Amended by 2017 Tenn. Acts, ch. 457,s 4, eff. 7/1/2017. Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
(a) An insurer is authorized in its discretion, but is not required, to report and remit the proceeds of an unclaimed policy, annuity, or retained asset account to the appropriate state when the insurer, through good faith efforts as evidenced by appropriate documentation, has: (1) Identified a person as deceased through a DMF match through a search described in § 56-7-3404 , or other information source; (2) Validated such information through a secondary information source; (3) Conducted reasonable search efforts for the beneficiary within ninety (90) days after the insurer's validation of the DMF match; and (4) Determined that no beneficiary can be located within one (1) year of the conclusion of search efforts described in subdivision (a)(3).
(1) Identified a person as deceased through a DMF match through a search described in § 56-7-3404 , or other information source;
(2) Validated such information through a secondary information source;
(3) Conducted reasonable search efforts for the beneficiary within ninety (90) days after the insurer's validation of the DMF match; and
(4) Determined that no beneficiary can be located within one (1) year of the conclusion of search efforts described in subdivision (a)(3).
(b) By remitting the proceeds of an unclaimed policy, annuity or retained asset account to the state pursuant to this section or pursuant to title 66, chapter 29, part 1, an insurer shall be relieved from all liability to any person relating to such proceeds. This relief from liability shall be in addition to any other protections provided by law.
(c) An insurer shall pay unclaimed proceeds of a policy, annuity, or retained asset account not later than the last day of the period prescribed for such payment under title 66, chapter 29, part 1; provided, that an insurer may pay the unclaimed proceeds of a policy, annuity, or retained asset account prior to the end of such period.
Amended by 2017 Tenn. Acts, ch. 457,s 4, eff. 7/1/2017.
Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 56-7-701 — TN Code / Title 56 / Chapter 7 / Section 56-7-701
"Industrial life insurance" defined
Status: in_force

"Industrial life insurance," as used in §§ 56-7-702 - 56-7-704, means that form of life insurance, the policies for which include the words "industrial policy" as part of the descriptive matter; and: (1) Under which the premiums are payable weekly; or (2) Under which the premiums are payable monthly or more often, but less often than weekly, if the face amount of the insurance provided in the policy is one thousand dollars ($1,000) or less. Acts 1945, ch. 27, § 1; C. Supp. 1950, § 6447.1; T.C.A. (orig. ed.), § 56-1128.
"Industrial life insurance," as used in §§ 56-7-702 - 56-7-704, means that form of life insurance, the policies for which include the words "industrial policy" as part of the descriptive matter; and:
(1) Under which the premiums are payable weekly; or
(2) Under which the premiums are payable monthly or more often, but less often than weekly, if the face amount of the insurance provided in the policy is one thousand dollars ($1,000) or less.
Acts 1945, ch. 27, § 1; C. Supp. 1950, § 6447.1; T.C.A. (orig. ed.), § 56-1128.
Tenn. Code Ann. § 56-1-909 — TN Code / Title 56 / Chapter 1 / Section 56-1-909
Minimum reserves
Status: in_force

(a) In no event shall a company's aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after March 13, 1978, be less than the aggregate reserves calculated in accordance with the methods set forth in §§ 56-1-907 , 56-1-908 , 56-1-911 and 56-1-912 and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies. (b) In no event shall the aggregate reserves for all policies, contracts and benefits be less than the aggregate reserves determined by the appointed actuary to be necessary to render the opinion required by § 56-1-903 . Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
(a) In no event shall a company's aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after March 13, 1978, be less than the aggregate reserves calculated in accordance with the methods set forth in §§ 56-1-907 , 56-1-908 , 56-1-911 and 56-1-912 and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies.
(b) In no event shall the aggregate reserves for all policies, contracts and benefits be less than the aggregate reserves determined by the appointed actuary to be necessary to render the opinion required by § 56-1-903 .
Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-12-106 — TN Code / Title 56 / Chapter 12 / Section 56-12-106
Board of directors - Selection - Qualifications - Expenses
Status: in_force

(a) The board of directors of the association shall consist of five (5) persons serving terms as established in the plan of operation. The members of the board shall be selected by the commissioner. Each board member so selected shall be a resident of this state and shall represent a company licensed to do business in this state. The last two (2) members of the board shall be an officer or employee of domestic insurance companies. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments. (b) In making selections to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors. Acts 1971, ch. 180, § 6; T.C.A., § 56-4006.
(a) The board of directors of the association shall consist of five (5) persons serving terms as established in the plan of operation. The members of the board shall be selected by the commissioner. Each board member so selected shall be a resident of this state and shall represent a company licensed to do business in this state. The last two (2) members of the board shall be an officer or employee of domestic insurance companies. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments.
(b) In making selections to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
(c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.
Acts 1971, ch. 180, § 6; T.C.A., § 56-4006.
Tenn. Code Ann. § 56-7-1113 — TN Code / Title 56 / Chapter 7 / Section 56-7-1113
Automobile glass replacement or repair - Legislative findings
Status: in_force

The general assembly finds that the acts and practices prohibited in §§ 56-7-1114 - 56-7-1116 are unfair, deceptive, and/or fraudulent. The practices cause the insurer to incur higher costs and to pay a greater amount of claims than would be the case in the absence of the practices, unreasonably interfere with the contract of insurance between the insurer and the insured, and unfairly increase the risk assumed by the insurer. Acts 2000, ch. 650, § 1.
The general assembly finds that the acts and practices prohibited in §§ 56-7-1114 - 56-7-1116 are unfair, deceptive, and/or fraudulent. The practices cause the insurer to incur higher costs and to pay a greater amount of claims than would be the case in the absence of the practices, unreasonably interfere with the contract of insurance between the insurer and the insured, and unfairly increase the risk assumed by the insurer.
Acts 2000, ch. 650, § 1.
Tenn. Code Ann. § 56-37-112 — TN Code / Title 56 / Chapter 37 / Section 56-37-112
Perfection of assignment and security interest
Status: in_force

(a) A premium finance company, seller, building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state that finances insurance premiums, shall be deemed to have a perfected assignment and security interest in any premiums financed if the buyer or borrower signs a written agreement assigning a security interest in the premiums financed to the premium finance company, seller, seller's assignee, or lender. No filing or other recordation of the premium finance agreement or financing statement shall be necessary to perfect the validity of the agreement as a valid assignment and secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, trustees in bankruptcy or any other insolvency proceeding under any law, or anyone having the status or power of the aforementioned or their successors or assigns. (b) Title 47, chapter 9, shall govern the relative priorities of security interests in, and any right of set-off against, funds advanced pursuant to a premium finance agreement or cash proceeds of a premium financed. Amended by 2013 Tenn. Acts, ch. 121,s 2, eff. 4/12/2013. Acts 1980, ch. 920, § 12; 1981, ch. 414, § 3.
(a) A premium finance company, seller, building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state that finances insurance premiums, shall be deemed to have a perfected assignment and security interest in any premiums financed if the buyer or borrower signs a written agreement assigning a security interest in the premiums financed to the premium finance company, seller, seller's assignee, or lender. No filing or other recordation of the premium finance agreement or financing statement shall be necessary to perfect the validity of the agreement as a valid assignment and secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, trustees in bankruptcy or any other insolvency proceeding under any law, or anyone having the status or power of the aforementioned or their successors or assigns.
(b) Title 47, chapter 9, shall govern the relative priorities of security interests in, and any right of set-off against, funds advanced pursuant to a premium finance agreement or cash proceeds of a premium financed.
Amended by 2013 Tenn. Acts, ch. 121,s 2, eff. 4/12/2013.
Acts 1980, ch. 920, § 12; 1981, ch. 414, § 3.
Tenn. Code Ann. § 56-7-1012 — TN Code / Title 56 / Chapter 7 / Section 56-7-1012
Reimbursement for healthcare services provided during telehealth encounter
Status: in_force

(a) Notwithstanding § 56-7-1002(e) , a health insurance entity shall provide reimbursement for healthcare services provided during a telehealth encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a telehealth encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located. (b) Notwithstanding § 56-7-1003(e) , a health insurance entity shall provide reimbursement for healthcare services provided during a provider-based telemedicine encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a provider-based telemedicine encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located. (c) Reimbursement made pursuant to this section is subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title. (d) (1) This section does not require a health insurance entity to provide reimbursement for healthcare services that are not medically necessary, unless the terms and conditions of an applicable health insurance policy provide that coverage. (2) As used in this subsection (d): (A) For a healthcare service for which coverage or reimbursement is provided under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or provided under title 71, chapter 3, part 11, "medically necessary" means a healthcare service that is determined by the bureau of TennCare to satisfy the medical necessity standard set forth in § 71-5-144 ; and (B) For all other healthcare services, "medically necessary" means healthcare services that a healthcare services provider, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease, and that are: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and (iii) Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury or disease. (e) This section does not require a healthcare services provider to seek reimbursement from a health insurance entity for healthcare services provided by telehealth or provider-based telemedicine. (f) For the purposes of this section: (1) "Health insurance entity" has the same meaning as defined in § 56-7-109 and includes managed care organizations participating in the medical assistance program under title 71, chapter 5; (2) "Healthcare services" has the same meaning as defined in § 56-61-102 ; (3) "Healthcare services provider" means an individual acting within the scope of a valid license issued pursuant to title 63 or title 68, chapter 24, part 6, or any state-contracted crisis service provider employed by a facility licensed under title 33; (4) "Provider-based telemedicine" has the same meaning as defined in § 56-7-1003 ; and (5) "Telehealth" has the same meaning as defined in § 56-7-1002 . (g) [Deleted by 2022 amendment.] Amended by 2022 Tenn. Acts, ch. 766, s 1, eff. 4/1/2022. Acts 2020 (2nd Ex. Sess.), ch. 4, § 8.
(a) Notwithstanding § 56-7-1002(e) , a health insurance entity shall provide reimbursement for healthcare services provided during a telehealth encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a telehealth encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located.
(b) Notwithstanding § 56-7-1003(e) , a health insurance entity shall provide reimbursement for healthcare services provided during a provider-based telemedicine encounter in a manner that is consistent with what the health insurance policy or contract provides for in-person encounters for the same service, and shall reimburse for healthcare services provided during a provider-based telemedicine encounter without distinction or consideration of the geographic location, or any federal, state, or local designation or classification of the geographic area where the patient is located.
(c) Reimbursement made pursuant to this section is subject to utilization review under the Health Care Service Utilization Review Act, compiled in chapter 6, part 7 of this title.
(d) (1) This section does not require a health insurance entity to provide reimbursement for healthcare services that are not medically necessary, unless the terms and conditions of an applicable health insurance policy provide that coverage. (2) As used in this subsection (d): (A) For a healthcare service for which coverage or reimbursement is provided under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or provided under title 71, chapter 3, part 11, "medically necessary" means a healthcare service that is determined by the bureau of TennCare to satisfy the medical necessity standard set forth in § 71-5-144 ; and (B) For all other healthcare services, "medically necessary" means healthcare services that a healthcare services provider, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease, and that are: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and (iii) Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury or disease.
(1) This section does not require a health insurance entity to provide reimbursement for healthcare services that are not medically necessary, unless the terms and conditions of an applicable health insurance policy provide that coverage.
(2) As used in this subsection (d): (A) For a healthcare service for which coverage or reimbursement is provided under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or provided under title 71, chapter 3, part 11, "medically necessary" means a healthcare service that is determined by the bureau of TennCare to satisfy the medical necessity standard set forth in § 71-5-144 ; and (B) For all other healthcare services, "medically necessary" means healthcare services that a healthcare services provider, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease, and that are: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and (iii) Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury or disease.
(A) For a healthcare service for which coverage or reimbursement is provided under the Medical Assistance Act of 1968, compiled in title 71, chapter 5, part 1, or provided under title 71, chapter 3, part 11, "medically necessary" means a healthcare service that is determined by the bureau of TennCare to satisfy the medical necessity standard set forth in § 71-5-144 ; and
(B) For all other healthcare services, "medically necessary" means healthcare services that a healthcare services provider, exercising prudent clinical judgment, would provide to a patient for the purpose of preventing, evaluating, diagnosing, or treating an illness, injury, or disease or the symptoms of an illness, injury, or disease, and that are: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and (iii) Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury or disease.
(i) In accordance with generally accepted standards of medical practice;
(ii) Clinically appropriate, in terms of type, frequency, extent, site and duration; and considered effective for the patient's illness, injury or disease; and
(iii) Not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of that patient's illness, injury or disease.
(e) This section does not require a healthcare services provider to seek reimbursement from a health insurance entity for healthcare services provided by telehealth or provider-based telemedicine.
(f) For the purposes of this section: (1) "Health insurance entity" has the same meaning as defined in § 56-7-109 and includes managed care organizations participating in the medical assistance program under title 71, chapter 5; (2) "Healthcare services" has the same meaning as defined in § 56-61-102 ; (3) "Healthcare services provider" means an individual acting within the scope of a valid license issued pursuant to title 63 or title 68, chapter 24, part 6, or any state-contracted crisis service provider employed by a facility licensed under title 33; (4) "Provider-based telemedicine" has the same meaning as defined in § 56-7-1003 ; and (5) "Telehealth" has the same meaning as defined in § 56-7-1002 .
(1) "Health insurance entity" has the same meaning as defined in § 56-7-109 and includes managed care organizations participating in the medical assistance program under title 71, chapter 5;
(2) "Healthcare services" has the same meaning as defined in § 56-61-102 ;
(3) "Healthcare services provider" means an individual acting within the scope of a valid license issued pursuant to title 63 or title 68, chapter 24, part 6, or any state-contracted crisis service provider employed by a facility licensed under title 33;
(4) "Provider-based telemedicine" has the same meaning as defined in § 56-7-1003 ; and
(5) "Telehealth" has the same meaning as defined in § 56-7-1002 .
(g) [Deleted by 2022 amendment.]
Amended by 2022 Tenn. Acts, ch. 766, s 1, eff. 4/1/2022.
Acts 2020 (2nd Ex. Sess.), ch. 4, § 8.
Tenn. Code Ann. § 56-17-105 — TN Code / Title 56 / Chapter 17 / Section 56-17-105
Additional consumer protections
Status: in_force

(a) An operator or marketer shall not: (1) Describe or characterize the discount plan as being insurance; (2) Use or approve for use in its cards or distributed materials the terms "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," "preferred provider organization," or other terms in a manner that could reasonably mislead an individual into believing that the discount plan is health insurance; (3) Make misleading, deceptive, or fraudulent representations regarding the discount or range of discounts offered by the discount plan; or (4) Pay pharmacies, dentists, or vision care providers fees for healthcare services or collect or accept money from a member to pay a pharmacy, dentist, or vision care provider for healthcare services provided under the discount plan, unless the operator or marketer has an active certificate of authority to act as a third-party administrator. (b) An operator shall approve in writing, prior to the marketer's use, all cards and distributed materials used by marketers to offer, sell, market, advertise, or otherwise distribute the discount plan. Acts 2021, ch. 372, § 1.
(a) An operator or marketer shall not: (1) Describe or characterize the discount plan as being insurance; (2) Use or approve for use in its cards or distributed materials the terms "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," "preferred provider organization," or other terms in a manner that could reasonably mislead an individual into believing that the discount plan is health insurance; (3) Make misleading, deceptive, or fraudulent representations regarding the discount or range of discounts offered by the discount plan; or (4) Pay pharmacies, dentists, or vision care providers fees for healthcare services or collect or accept money from a member to pay a pharmacy, dentist, or vision care provider for healthcare services provided under the discount plan, unless the operator or marketer has an active certificate of authority to act as a third-party administrator.
(1) Describe or characterize the discount plan as being insurance;
(2) Use or approve for use in its cards or distributed materials the terms "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," "preferred provider organization," or other terms in a manner that could reasonably mislead an individual into believing that the discount plan is health insurance;
(3) Make misleading, deceptive, or fraudulent representations regarding the discount or range of discounts offered by the discount plan; or
(4) Pay pharmacies, dentists, or vision care providers fees for healthcare services or collect or accept money from a member to pay a pharmacy, dentist, or vision care provider for healthcare services provided under the discount plan, unless the operator or marketer has an active certificate of authority to act as a third-party administrator.
(b) An operator shall approve in writing, prior to the marketer's use, all cards and distributed materials used by marketers to offer, sell, market, advertise, or otherwise distribute the discount plan.
Acts 2021, ch. 372, § 1.
Tenn. Code Ann. § 56-2-111 — TN Code / Title 56 / Chapter 2 / Section 56-2-111
Liability for tax on gross premium
Status: in_force

Any company violating § 56-2-105 shall be liable, with respect to any contract of insurance or transaction of insurance business as defined and limited in § 56-2-105 , for the payment of all taxes on gross premiums imposed in chapter 4 of this title. Acts 1968, ch. 536, § 6; T.C.A., § 56-211.
Any company violating § 56-2-105 shall be liable, with respect to any contract of insurance or transaction of insurance business as defined and limited in § 56-2-105 , for the payment of all taxes on gross premiums imposed in chapter 4 of this title.
Acts 1968, ch. 536, § 6; T.C.A., § 56-211.
Tenn. Code Ann. § 56-9-311 — TN Code / Title 56 / Chapter 9 / Section 56-9-311
Notice of liquidation order - Method - Contents - Effect of notice
Status: in_force

(a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible by: (1) First class mail and either telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business; (2) First class mail to any guaranty association or foreign guaranty association that is or may become obligated as a result of the liquidation; (3) First class mail to all insurance agents of the insurer; (4) First class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and (5) Publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in any other locations the liquidator deems appropriate. (b) Except as otherwise established by the liquidator with approval of the court, notice to potential claimants under subsection (a) shall require claimants to file with the liquidator their claims, together with proper proofs under § 56-9-324 , on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c) (1) Notice under subsection (a) to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator's possession or control, and otherwise cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages. (d) If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice. Acts 1991, ch. 142, § 4.
(a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible by: (1) First class mail and either telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business; (2) First class mail to any guaranty association or foreign guaranty association that is or may become obligated as a result of the liquidation; (3) First class mail to all insurance agents of the insurer; (4) First class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and (5) Publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in any other locations the liquidator deems appropriate.
(1) First class mail and either telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business;
(2) First class mail to any guaranty association or foreign guaranty association that is or may become obligated as a result of the liquidation;
(3) First class mail to all insurance agents of the insurer;
(4) First class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and
(5) Publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in any other locations the liquidator deems appropriate.
(b) Except as otherwise established by the liquidator with approval of the court, notice to potential claimants under subsection (a) shall require claimants to file with the liquidator their claims, together with proper proofs under § 56-9-324 , on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.
(c) (1) Notice under subsection (a) to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator's possession or control, and otherwise cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.
(1) Notice under subsection (a) to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.
(2) The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator's possession or control, and otherwise cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.
(d) If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-5-101 — TN Code / Title 56 / Chapter 5 / Section 56-5-101
Application of part
Status: in_force

This part applies to all kinds of insurance written on risks in this state by any insurer authorized to do business in this state, except: (1) Life insurance; (2) Annuities; (3) Disability insurance; (4) Ocean marine insurance; (5) Reinsurance; (6) Aircraft liability and aircraft hull insurance; (7) Title insurance; (8) Credit life insurance; and (9) Credit accident and health insurance. Acts 1983, ch. 66, § 2; 2006, ch. 689, § 1.
This part applies to all kinds of insurance written on risks in this state by any insurer authorized to do business in this state, except:
(1) Life insurance;
(2) Annuities;
(3) Disability insurance;
(4) Ocean marine insurance;
(5) Reinsurance;
(6) Aircraft liability and aircraft hull insurance;
(7) Title insurance;
(8) Credit life insurance; and
(9) Credit accident and health insurance.
Acts 1983, ch. 66, § 2; 2006, ch. 689, § 1.
Tenn. Code Ann. § 56-36-101 — TN Code / Title 56 / Chapter 36 / Section 56-36-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Standard Nonforfeiture Law for Individual Deferred Annuities." Acts 1978, ch. 590, § 1; T.C.A., § 56-4601.
This chapter shall be known and may be cited as the "Standard Nonforfeiture Law for Individual Deferred Annuities."
Acts 1978, ch. 590, § 1; T.C.A., § 56-4601.
Tenn. Code Ann. § 56-7-502 — TN Code / Title 56 / Chapter 7 / Section 56-7-502
Contingent and mortality endowment contracts - Promising particular number or position in class or to division to policyholder prohibited - Penalty
Status: in_force

(a) No agent or organizer of any life insurance company, fraternal benefit society, order or association referred to in § 56-7-501 shall promise any particular number or position in class or division to any existing policyholder of contingent or mortality endowment contracts, as described in § 56-7-501 . (b) For violation of this section, agents shall be subject to revocation of license or shall pay a fine of fifty dollars ($50.00) on each individual violation, following a hearing before the commissioner; and, in the commissioner's discretion, the company that the agent represents shall be liable, following repeated violations by its agents operating in this state, to a fine not exceeding a total of two hundred fifty dollars ($250) in the commissioner's discretion following a hearing. Acts 1939, ch. 31, § 2; mod. C. Supp. 1950, § 6459.2; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1126.
(a) No agent or organizer of any life insurance company, fraternal benefit society, order or association referred to in § 56-7-501 shall promise any particular number or position in class or division to any existing policyholder of contingent or mortality endowment contracts, as described in § 56-7-501 .
(b) For violation of this section, agents shall be subject to revocation of license or shall pay a fine of fifty dollars ($50.00) on each individual violation, following a hearing before the commissioner; and, in the commissioner's discretion, the company that the agent represents shall be liable, following repeated violations by its agents operating in this state, to a fine not exceeding a total of two hundred fifty dollars ($250) in the commissioner's discretion following a hearing.
Acts 1939, ch. 31, § 2; mod. C. Supp. 1950, § 6459.2; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1126.
Tenn. Code Ann. § 56-51-110 — TN Code / Title 56 / Chapter 51 / Section 56-51-110
Use of English required in contracts and forms
Status: in_force

All contracts or forms utilized by the prepaid limited health services organization, whether directed to providers or enrollees, shall be written in the English language. Acts 2000, ch. 948, § 10.
All contracts or forms utilized by the prepaid limited health services organization, whether directed to providers or enrollees, shall be written in the English language.
Acts 2000, ch. 948, § 10.
Tenn. Code Ann. § 56-7-1604 — TN Code / Title 56 / Chapter 7 / Section 56-7-1604
Applicability - Exceptions
Status: in_force

(a) This part applies to all policies delivered or issued for delivery in this state by any company on or after the date the forms are subject to this part, but nothing in this part applies to: (1) Any policy that is a security subject to federal jurisdiction; (2) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy; provided, that this subsection (a) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state; (3) Any group annuity contract that serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans; (4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this part; or (5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this part. (b) No other statute of this state setting language simplification standards shall apply to any policy forms. (c) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 56-7-1605(a)(1) if the insurer certifies that the policy is translated from an English language policy that does comply with § 56-7-1605(a)(1) . Acts 1981, ch. 415, § 5.
(a) This part applies to all policies delivered or issued for delivery in this state by any company on or after the date the forms are subject to this part, but nothing in this part applies to: (1) Any policy that is a security subject to federal jurisdiction; (2) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy; provided, that this subsection (a) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state; (3) Any group annuity contract that serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans; (4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this part; or (5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this part.
(1) Any policy that is a security subject to federal jurisdiction;
(2) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy; provided, that this subsection (a) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;
(3) Any group annuity contract that serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;
(4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this part; or
(5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this part.
(b) No other statute of this state setting language simplification standards shall apply to any policy forms.
(c) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 56-7-1605(a)(1) if the insurer certifies that the policy is translated from an English language policy that does comply with § 56-7-1605(a)(1) .
Acts 1981, ch. 415, § 5.
Tenn. Code Ann. § 56-6-1303 — TN Code / Title 56 / Chapter 6 / Section 56-6-1303
Commissioner's authority to issue cease and desist order or to seek injunction against navigator
Status: in_force

The commissioner may: (1) Issue a cease and desist order to a navigator for violating state or federal law pertaining to an exchange; and (2) Seek injunctive relief against a navigator acting in violation of state or federal law pertaining to an exchange. Added by 2013 Tenn. Acts, ch. 377,s 1, eff. 7/1/2013.
The commissioner may:
(1) Issue a cease and desist order to a navigator for violating state or federal law pertaining to an exchange; and
(2) Seek injunctive relief against a navigator acting in violation of state or federal law pertaining to an exchange.
Added by 2013 Tenn. Acts, ch. 377,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 56-53-112 — TN Code / Title 56 / Chapter 53 / Section 56-53-112
Inapplicable to workers' compensation
Status: in_force

Nothing in this chapter shall apply to a workers' compensation insurance policy as defined in § 56-47-102 , and the Workers' Compensation Fraud Act, compiled in chapter 47 of this title, shall continue in full force and effect. Acts 2001, ch. 356, § 13.
Nothing in this chapter shall apply to a workers' compensation insurance policy as defined in § 56-47-102 , and the Workers' Compensation Fraud Act, compiled in chapter 47 of this title, shall continue in full force and effect.
Acts 2001, ch. 356, § 13.
Tenn. Code Ann. § 56-55-106 — TN Code / Title 56 / Chapter 55 / Section 56-55-106
Conditions on sale of warranty reimbursement insurance policies
Status: in_force

No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions: (1) The policy states that the issuer of the policy will reimburse, or pay on behalf of the vehicle protection product warrantor, all covered sums that the warrantor is legally obligated to pay, or will provide all service that the warrantor is legally obligated to perform, according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor; (2) The policy states that, in the event that payment due under the terms of the warranty is not provided by the warrantor within sixty (60) days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement; (3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium, if the warranty holder paid for the vehicle protection product and the insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and (4) The policy has the following provisions regarding cancellation of the policy: (A) The issuer of a reimbursement insurance policy shall not cancel the policy until a notice of cancellation, in writing, has been mailed or delivered to the commissioner and each insured warrantor; (B) The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and (C) In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor will do either of the following: (i) File a copy of a new policy with the commissioner before the termination of the prior policy; provided, that there is no lapse in coverage following the termination of the prior policy; or (ii) Discontinue acting as a warrantor as of the termination date of the policy, until a new policy becomes effective and is accepted by the commissioner. Acts 2005, ch. 244, § 7.
No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse, or pay on behalf of the vehicle protection product warrantor, all covered sums that the warrantor is legally obligated to pay, or will provide all service that the warrantor is legally obligated to perform, according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor;
(2) The policy states that, in the event that payment due under the terms of the warranty is not provided by the warrantor within sixty (60) days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement;
(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium, if the warranty holder paid for the vehicle protection product and the insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and
(4) The policy has the following provisions regarding cancellation of the policy: (A) The issuer of a reimbursement insurance policy shall not cancel the policy until a notice of cancellation, in writing, has been mailed or delivered to the commissioner and each insured warrantor; (B) The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and (C) In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor will do either of the following: (i) File a copy of a new policy with the commissioner before the termination of the prior policy; provided, that there is no lapse in coverage following the termination of the prior policy; or (ii) Discontinue acting as a warrantor as of the termination date of the policy, until a new policy becomes effective and is accepted by the commissioner.
(A) The issuer of a reimbursement insurance policy shall not cancel the policy until a notice of cancellation, in writing, has been mailed or delivered to the commissioner and each insured warrantor;
(B) The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and
(C) In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor will do either of the following: (i) File a copy of a new policy with the commissioner before the termination of the prior policy; provided, that there is no lapse in coverage following the termination of the prior policy; or (ii) Discontinue acting as a warrantor as of the termination date of the policy, until a new policy becomes effective and is accepted by the commissioner.
(i) File a copy of a new policy with the commissioner before the termination of the prior policy; provided, that there is no lapse in coverage following the termination of the prior policy; or
(ii) Discontinue acting as a warrantor as of the termination date of the policy, until a new policy becomes effective and is accepted by the commissioner.
Acts 2005, ch. 244, § 7.
Tenn. Code Ann. § 56-6-902 — TN Code / Title 56 / Chapter 6 / Section 56-6-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Catastrophic disaster" means an event that results in large numbers of deaths and injuries, causes extensive damage or destruction of facilities that provide and sustain human needs, produces an overwhelming demand on state and local response resources and mechanisms, causes a severe long-term effect on general economic activity, and severely affects state, local and private sector capabilities to begin and sustain response activities. A catastrophic disaster shall be a single occurrence that damages twenty-five (25) or more residential dwellings; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Fingerprints" means an impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format; (4) "Home state" means the District of Columbia and any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the home state; (5) "Individual" means a natural person; (6) "NAIC" means the National Association of Insurance Commissioners; (7) "Person" means an individual or a business entity; (8) (A) "Public adjuster" means any person, other than someone who is employed by an insurance carrier, who, for compensation or any other thing of value, on behalf of the insured: (i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract; (ii) Advertises for employment as a public adjuster of insurance claims or solicits business or represents to the public to be a public adjuster of first party insurance claims, for losses or damages arising out of policies of insurance that insure real or personal property; or (iii) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured; (B) Nothing in this part, nor the regulations adopted under this part shall: (i) Authorize any public adjuster or person operating at the direction of a public adjuster to engage in conduct that is law practice or law business as defined in title 23, chapter 3 or under the rules of the Tennessee supreme court; (ii) Apply to a person who is employed by, or under contract to, an insurance company; or (iii) Affect or alter, in any way, the contractual obligations on an insured to their insurance company and the duty of good faith each owes the other; (9) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities; and (10) "Uniform individual application" means the current version of the NAIC uniform individual application for resident and nonresident individuals. Acts 2006, ch. 997, § 3.
As used in this part, unless the context otherwise requires:
(1) "Catastrophic disaster" means an event that results in large numbers of deaths and injuries, causes extensive damage or destruction of facilities that provide and sustain human needs, produces an overwhelming demand on state and local response resources and mechanisms, causes a severe long-term effect on general economic activity, and severely affects state, local and private sector capabilities to begin and sustain response activities. A catastrophic disaster shall be a single occurrence that damages twenty-five (25) or more residential dwellings;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Fingerprints" means an impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format;
(4) "Home state" means the District of Columbia and any state or territory of the United States in which the public adjuster's principal place of residence or principal place of business is located. If neither the state in which the public adjuster maintains the principal place of residence nor the state in which the public adjuster maintains the principal place of business has a substantially similar law governing public adjusters, the public adjuster may declare another state in which it becomes licensed and acts as a public adjuster to be the home state;
(5) "Individual" means a natural person;
(6) "NAIC" means the National Association of Insurance Commissioners;
(7) "Person" means an individual or a business entity;
(8) (A) "Public adjuster" means any person, other than someone who is employed by an insurance carrier, who, for compensation or any other thing of value, on behalf of the insured: (i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract; (ii) Advertises for employment as a public adjuster of insurance claims or solicits business or represents to the public to be a public adjuster of first party insurance claims, for losses or damages arising out of policies of insurance that insure real or personal property; or (iii) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured; (B) Nothing in this part, nor the regulations adopted under this part shall: (i) Authorize any public adjuster or person operating at the direction of a public adjuster to engage in conduct that is law practice or law business as defined in title 23, chapter 3 or under the rules of the Tennessee supreme court; (ii) Apply to a person who is employed by, or under contract to, an insurance company; or (iii) Affect or alter, in any way, the contractual obligations on an insured to their insurance company and the duty of good faith each owes the other;
(A) "Public adjuster" means any person, other than someone who is employed by an insurance carrier, who, for compensation or any other thing of value, on behalf of the insured: (i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract; (ii) Advertises for employment as a public adjuster of insurance claims or solicits business or represents to the public to be a public adjuster of first party insurance claims, for losses or damages arising out of policies of insurance that insure real or personal property; or (iii) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured;
(i) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured on behalf of an insured, in investigating, verifying, substaining, estimating, appraising, determining, presenting, and discussing the value of the claim, and effectuating the resolution of a claim for loss or damage covered by an insurance contract;
(ii) Advertises for employment as a public adjuster of insurance claims or solicits business or represents to the public to be a public adjuster of first party insurance claims, for losses or damages arising out of policies of insurance that insure real or personal property; or
(iii) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured;
(B) Nothing in this part, nor the regulations adopted under this part shall: (i) Authorize any public adjuster or person operating at the direction of a public adjuster to engage in conduct that is law practice or law business as defined in title 23, chapter 3 or under the rules of the Tennessee supreme court; (ii) Apply to a person who is employed by, or under contract to, an insurance company; or (iii) Affect or alter, in any way, the contractual obligations on an insured to their insurance company and the duty of good faith each owes the other;
(i) Authorize any public adjuster or person operating at the direction of a public adjuster to engage in conduct that is law practice or law business as defined in title 23, chapter 3 or under the rules of the Tennessee supreme court;
(ii) Apply to a person who is employed by, or under contract to, an insurance company; or
(iii) Affect or alter, in any way, the contractual obligations on an insured to their insurance company and the duty of good faith each owes the other;
(9) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities; and
(10) "Uniform individual application" means the current version of the NAIC uniform individual application for resident and nonresident individuals.
Acts 2006, ch. 997, § 3.
Tenn. Code Ann. § 56-6-114 — TN Code / Title 56 / Chapter 6 / Section 56-6-114
Sale of unauthorized insurance
Status: in_force

(a) A person shall be personally liable for any premiums paid for, or valid claims made on, all contracts of insurance unlawfully sold within this state by or through the person directly or indirectly, for or on behalf of an insurance company not authorized to do business in this state. (b) A person who sells insurance in this state for an insurance company not authorized to do business in this state commits a fraudulent insurance act as defined by § 56-53-102 . Acts 2002, ch. 798, § 15; 2008, ch. 1192, § 7.
(a) A person shall be personally liable for any premiums paid for, or valid claims made on, all contracts of insurance unlawfully sold within this state by or through the person directly or indirectly, for or on behalf of an insurance company not authorized to do business in this state.
(b) A person who sells insurance in this state for an insurance company not authorized to do business in this state commits a fraudulent insurance act as defined by § 56-53-102 .
Acts 2002, ch. 798, § 15; 2008, ch. 1192, § 7.
Tenn. Code Ann. § 56-7-911 — TN Code / Title 56 / Chapter 7 / Section 56-7-911
Reserves
Status: in_force

In order to assure that sufficient funds will be made available to make the refunds as required and to guarantee promised benefits to policyholders, aggregate reserves maintained by the insurer for credit life insurance shall be at least equal to the sum of the following: (1) For single premium credit life insurance: (A) (i) If ages are available, the net single premiums for the remaining benefits, calculated by a seriatim method using the 1980 commissioner's standard extended term table and interest of not more than three and one half percent (3.5%). Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or (B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly; (2) For single premium credit life insurance issued after December 31, 2004: (A) (i) If ages are available, an insurer may calculate the net single premium for the remaining benefits by a seriatim method using the 2001 Commissioner's Standard Ordinary Male Composite Ultimate Mortality Table in lieu of the calculations under subdivision (1) for credit life insurance issued after December 31, 2004. The interest rates used in determining the minimum standard for valuation shall be the calendar year statutory valuation interest rates as defined in § 56-1-403(c)(1) [repealed]. Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or (B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly; and (3) For credit life insurance on the outstanding balance plan, reserves shall be equal to the gross unearned premium, calculated upon a pro rata basis. Acts 1985, ch. 107, § 3; 1988, ch. 538, § 1; 2005, ch. 69, § 1.
In order to assure that sufficient funds will be made available to make the refunds as required and to guarantee promised benefits to policyholders, aggregate reserves maintained by the insurer for credit life insurance shall be at least equal to the sum of the following:
(1) For single premium credit life insurance: (A) (i) If ages are available, the net single premiums for the remaining benefits, calculated by a seriatim method using the 1980 commissioner's standard extended term table and interest of not more than three and one half percent (3.5%). Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or (B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly;
(A) (i) If ages are available, the net single premiums for the remaining benefits, calculated by a seriatim method using the 1980 commissioner's standard extended term table and interest of not more than three and one half percent (3.5%). Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or
(i) If ages are available, the net single premiums for the remaining benefits, calculated by a seriatim method using the 1980 commissioner's standard extended term table and interest of not more than three and one half percent (3.5%). Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually;
(a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and
(b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually;
(ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or
(B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly;
(2) For single premium credit life insurance issued after December 31, 2004: (A) (i) If ages are available, an insurer may calculate the net single premium for the remaining benefits by a seriatim method using the 2001 Commissioner's Standard Ordinary Male Composite Ultimate Mortality Table in lieu of the calculations under subdivision (1) for credit life insurance issued after December 31, 2004. The interest rates used in determining the minimum standard for valuation shall be the calendar year statutory valuation interest rates as defined in § 56-1-403(c)(1) [repealed]. Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or (B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly; and
(A) (i) If ages are available, an insurer may calculate the net single premium for the remaining benefits by a seriatim method using the 2001 Commissioner's Standard Ordinary Male Composite Ultimate Mortality Table in lieu of the calculations under subdivision (1) for credit life insurance issued after December 31, 2004. The interest rates used in determining the minimum standard for valuation shall be the calendar year statutory valuation interest rates as defined in § 56-1-403(c)(1) [repealed]. Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually; (ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or
(i) If ages are available, an insurer may calculate the net single premium for the remaining benefits by a seriatim method using the 2001 Commissioner's Standard Ordinary Male Composite Ultimate Mortality Table in lieu of the calculations under subdivision (1) for credit life insurance issued after December 31, 2004. The interest rates used in determining the minimum standard for valuation shall be the calendar year statutory valuation interest rates as defined in § 56-1-403(c)(1) [repealed]. Insurers using this standard may accumulate an additional reserve to assure adequacy of funds for refunds and excess claims on terminated group policies or agency agreements. Approximate methods of calculating this reserve liability may be approved by the commissioner; provided, that: (a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and (b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually;
(a) The actuarial derivation establishes clearly that the method produces at least the minimum reserve; and
(b) The assumptions on which the approximation is based are checked for accuracy and validity against the current business of the insurer at least annually;
(ii) Approval of the methods shall be obtained from the commissioner prior to their use and the annual verification of assumptions shall be filed with the commissioner; or
(B) If ages are not available, the gross unearned premium, on the "Rule of 78" or pro rata basis as specified for refunds, calculated exactly; and
(3) For credit life insurance on the outstanding balance plan, reserves shall be equal to the gross unearned premium, calculated upon a pro rata basis.
Acts 1985, ch. 107, § 3; 1988, ch. 538, § 1; 2005, ch. 69, § 1.
Tenn. Code Ann. § 56-3-101 — TN Code / Title 56 / Chapter 3 / Section 56-3-101
Investments of insurance companies organized after May 11, 1895
Status: in_force

(a) Every life insurance company doing business in this state, chartered by the laws of this state, shall be required for the better protection of the policyholders, to keep at all times the sum of one hundred thousand dollars ($100,000) invested in bonds, securities, or mortgages on real estate for double the amount loaned, to be certified as safe and worth this amount by the commissioner. (b) Insurance companies other than life, chartered by the laws of this state, shall not be allowed to transact business in this state unless possessed of at least fifty thousand dollars ($50,000) paid up, actual cash capital, or, in lieu of cash capital, a stock guaranty capital or surplus, above all liabilities, including reinsurance reserve, of not less than fifty thousand dollars ($50,000). (c) This section shall not apply to companies organized under the laws of this state prior to May 11, 1895, and actually engaged in the transaction of insurance business. Acts 1895, ch. 160, § 13; Shan., § 3296; Code 1932, § 6112; T.C.A. (orig. ed.), §§ 56-214, 56-303.
(a) Every life insurance company doing business in this state, chartered by the laws of this state, shall be required for the better protection of the policyholders, to keep at all times the sum of one hundred thousand dollars ($100,000) invested in bonds, securities, or mortgages on real estate for double the amount loaned, to be certified as safe and worth this amount by the commissioner.
(b) Insurance companies other than life, chartered by the laws of this state, shall not be allowed to transact business in this state unless possessed of at least fifty thousand dollars ($50,000) paid up, actual cash capital, or, in lieu of cash capital, a stock guaranty capital or surplus, above all liabilities, including reinsurance reserve, of not less than fifty thousand dollars ($50,000).
(c) This section shall not apply to companies organized under the laws of this state prior to May 11, 1895, and actually engaged in the transaction of insurance business.
Acts 1895, ch. 160, § 13; Shan., § 3296; Code 1932, § 6112; T.C.A. (orig. ed.), §§ 56-214, 56-303.
Tenn. Code Ann. § 56-1-303 — TN Code / Title 56 / Chapter 1 / Section 56-1-303
Consultations with boards - Conclusiveness of director's decisions
Status: in_force

In providing the administrative functions required under §§ 56-1-301 , 56-1-302 and 56-1-306 , the director shall consult with each board as to its particular requirements, but the decision of the director in such matters shall be conclusive, except as otherwise directed by the commissioner. Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
In providing the administrative functions required under §§ 56-1-301 , 56-1-302 and 56-1-306 , the director shall consult with each board as to its particular requirements, but the decision of the director in such matters shall be conclusive, except as otherwise directed by the commissioner.
Acts 1978, ch. 906, § 1; modified; T.C.A., § 56-145.
Tenn. Code Ann. § 56-57-102 — TN Code / Title 56 / Chapter 57 / Section 56-57-102
Authority for a prescription drug discount plan known as "Volunteer Rx"
Status: in_force

(a) The department of health is authorized to develop and implement a prescription drug discount plan, which shall be known as "Volunteer Rx," or, if the department of health deems appropriate, may contract for, pursuant to state purchasing laws, a prescription drug discount plan. The purpose of this section is to assist in providing, when possible, cost savings on medications for uninsured Tennesseans, or for insured Tennesseans whose insurance does not provide for prescription drug coverage on or after January 1, 2005. (b) Notwithstanding subsection (a), the department of health may, if funding is made available through the general appropriations act, provide benefits through the prescription drug discount plan. The benefits would be limited by the funds specifically appropriated for that purpose. The department of health shall also have the authority to develop and implement prescription drug discount plans targeted for specific defined populations. The plans may also incorporate benefits; provided, that funds are specifically allocated for the benefits in the general appropriations act. (c) In developing the plans authorized by this section, the department of health may consider the use of different means to lower the overall cost to participants, including, but not limited to, the payment or waiver of any membership fees, as well as the use of cost-sharing arrangements and deductibles. (d) Nothing in the creation of a prescription drug discount program, pursuant to this section, shall be construed as creating any entitlement by any individuals or entities to any services or medications. Acts 2005, ch. 474, § 2.
(a) The department of health is authorized to develop and implement a prescription drug discount plan, which shall be known as "Volunteer Rx," or, if the department of health deems appropriate, may contract for, pursuant to state purchasing laws, a prescription drug discount plan. The purpose of this section is to assist in providing, when possible, cost savings on medications for uninsured Tennesseans, or for insured Tennesseans whose insurance does not provide for prescription drug coverage on or after January 1, 2005.
(b) Notwithstanding subsection (a), the department of health may, if funding is made available through the general appropriations act, provide benefits through the prescription drug discount plan. The benefits would be limited by the funds specifically appropriated for that purpose. The department of health shall also have the authority to develop and implement prescription drug discount plans targeted for specific defined populations. The plans may also incorporate benefits; provided, that funds are specifically allocated for the benefits in the general appropriations act.
(c) In developing the plans authorized by this section, the department of health may consider the use of different means to lower the overall cost to participants, including, but not limited to, the payment or waiver of any membership fees, as well as the use of cost-sharing arrangements and deductibles.
(d) Nothing in the creation of a prescription drug discount program, pursuant to this section, shall be construed as creating any entitlement by any individuals or entities to any services or medications.
Acts 2005, ch. 474, § 2.
Tenn. Code Ann. § 56-1-203 — TN Code / Title 56 / Chapter 1 / Section 56-1-203
Commissioner not to be financially interested in insurance corporations
Status: in_force

The commissioner shall not be financially interested, directly or indirectly, in any insurance corporation subject to the supervision of the department. Acts 1923, ch. 7, § 54; Shan. Supp., § 373a117; Code 1932, § 334; Acts 1933, ch. 92, § 1; C. Supp. 1950, § 334; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-106.
The commissioner shall not be financially interested, directly or indirectly, in any insurance corporation subject to the supervision of the department.
Acts 1923, ch. 7, § 54; Shan. Supp., § 373a117; Code 1932, § 334; Acts 1933, ch. 92, § 1; C. Supp. 1950, § 334; impl. am. Acts 1971, ch. 137, §§ 1, 2; T.C.A. (orig. ed.), § 56-106.
Tenn. Code Ann. § 56-6-1206 — TN Code / Title 56 / Chapter 6 / Section 56-6-1206
Termination or change in terms and conditions by insurer
Status: in_force

Notwithstanding any other law to the contrary: (1) An insurer may terminate or otherwise change the terms and conditions of a policy of self-service storage insurance only upon providing the policyholder and enrolled occupants with at least thirty (30) days written notice; (2) If the insurer changes the terms and conditions, then the insurer shall provide the owner with a revised policy or endorsement and each enrolled occupant with a revised certificate, endorsement, updated brochure or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (3) Notwithstanding subdivision (1): (A) An insurer may terminate an enrolled occupant's enrollment under a self-service storage insurance policy upon fifteen (15) days written notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim thereunder; and (B) An insurer may immediately terminate an enrolled occupant's enrollment under a self-service storage insurance policy: (i) For nonpayment of premium; (ii) If the enrolled occupant ceases to have active business with the owner; or (iii) If an enrolled occupant exhausts the aggregate limit of liability, if any, under the terms of the self-service storage insurance policy and the insurer sends written notice of termination to the enrolled occupant within thirty (30) calendar days after exhaustion of the limit; provided, however, that if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends written notice of termination to the enrolled occupant; (4) If a self-service storage insurance policy is terminated by a policyholder, then the policyholder shall mail or deliver written notice to each enrolled occupant advising the enrolled occupant of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled occupant at least thirty (30) days prior to the termination; and (5) (A) Whenever notice by an insurer is required pursuant to this section, the notice shall be in writing and may be mailed or delivered to the owner at the owner's mailing address and to its affected enrolled occupants' last known mailing addresses on file with the insurer; (B) If notice is mailed pursuant to this section, then the insurer or owner, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service; (C) An insurer or owner may comply with any notice required by this section by providing electronic notice to an owner or its affected enrolled occupants, as the case may be, by electronic means. If notice is accomplished through electronic means, the insurer or owner, as the case may be, shall maintain proof that the notice was sent. Added by 2013 Tenn. Acts, ch. 293,s 7, eff. 7/1/2013.
Notwithstanding any other law to the contrary:
(1) An insurer may terminate or otherwise change the terms and conditions of a policy of self-service storage insurance only upon providing the policyholder and enrolled occupants with at least thirty (30) days written notice;
(2) If the insurer changes the terms and conditions, then the insurer shall provide the owner with a revised policy or endorsement and each enrolled occupant with a revised certificate, endorsement, updated brochure or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes;
(3) Notwithstanding subdivision (1): (A) An insurer may terminate an enrolled occupant's enrollment under a self-service storage insurance policy upon fifteen (15) days written notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim thereunder; and (B) An insurer may immediately terminate an enrolled occupant's enrollment under a self-service storage insurance policy: (i) For nonpayment of premium; (ii) If the enrolled occupant ceases to have active business with the owner; or (iii) If an enrolled occupant exhausts the aggregate limit of liability, if any, under the terms of the self-service storage insurance policy and the insurer sends written notice of termination to the enrolled occupant within thirty (30) calendar days after exhaustion of the limit; provided, however, that if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends written notice of termination to the enrolled occupant;
(A) An insurer may terminate an enrolled occupant's enrollment under a self-service storage insurance policy upon fifteen (15) days written notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim thereunder; and
(B) An insurer may immediately terminate an enrolled occupant's enrollment under a self-service storage insurance policy: (i) For nonpayment of premium; (ii) If the enrolled occupant ceases to have active business with the owner; or (iii) If an enrolled occupant exhausts the aggregate limit of liability, if any, under the terms of the self-service storage insurance policy and the insurer sends written notice of termination to the enrolled occupant within thirty (30) calendar days after exhaustion of the limit; provided, however, that if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends written notice of termination to the enrolled occupant;
(i) For nonpayment of premium;
(ii) If the enrolled occupant ceases to have active business with the owner; or
(iii) If an enrolled occupant exhausts the aggregate limit of liability, if any, under the terms of the self-service storage insurance policy and the insurer sends written notice of termination to the enrolled occupant within thirty (30) calendar days after exhaustion of the limit; provided, however, that if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends written notice of termination to the enrolled occupant;
(4) If a self-service storage insurance policy is terminated by a policyholder, then the policyholder shall mail or deliver written notice to each enrolled occupant advising the enrolled occupant of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled occupant at least thirty (30) days prior to the termination; and
(5) (A) Whenever notice by an insurer is required pursuant to this section, the notice shall be in writing and may be mailed or delivered to the owner at the owner's mailing address and to its affected enrolled occupants' last known mailing addresses on file with the insurer; (B) If notice is mailed pursuant to this section, then the insurer or owner, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service; (C) An insurer or owner may comply with any notice required by this section by providing electronic notice to an owner or its affected enrolled occupants, as the case may be, by electronic means. If notice is accomplished through electronic means, the insurer or owner, as the case may be, shall maintain proof that the notice was sent.
(A) Whenever notice by an insurer is required pursuant to this section, the notice shall be in writing and may be mailed or delivered to the owner at the owner's mailing address and to its affected enrolled occupants' last known mailing addresses on file with the insurer;
(B) If notice is mailed pursuant to this section, then the insurer or owner, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States postal service or other commercial mail delivery service;
(C) An insurer or owner may comply with any notice required by this section by providing electronic notice to an owner or its affected enrolled occupants, as the case may be, by electronic means. If notice is accomplished through electronic means, the insurer or owner, as the case may be, shall maintain proof that the notice was sent.
Added by 2013 Tenn. Acts, ch. 293,s 7, eff. 7/1/2013.
Tenn. Code Ann. § 56-7-2204 — TN Code / Title 56 / Chapter 7 / Section 56-7-2204
Affiliated companies
Status: in_force

For the purposes of this part, companies that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one (1) carrier, except that with respect to affiliated companies, all of which are in existence and affiliated on January 1, 1992, the group of affiliated companies is considered to be one (1) carrier only after one (1) member of the group transfers any small employer business to another member of the group, and except that any insurance company, hospital service plan or medical service plan that is an affiliate of an HMO located in this state or any HMO located in this state that is an affiliate of an insurance company, a health service corporation or a medical service corporation may treat the HMO as a separate carrier and each HMO that operates only one (1) HMO in a service area of this state may be considered a separate carrier. Acts 1992, ch. 808, § 4.
For the purposes of this part, companies that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one (1) carrier, except that with respect to affiliated companies, all of which are in existence and affiliated on January 1, 1992, the group of affiliated companies is considered to be one (1) carrier only after one (1) member of the group transfers any small employer business to another member of the group, and except that any insurance company, hospital service plan or medical service plan that is an affiliate of an HMO located in this state or any HMO located in this state that is an affiliate of an insurance company, a health service corporation or a medical service corporation may treat the HMO as a separate carrier and each HMO that operates only one (1) HMO in a service area of this state may be considered a separate carrier.
Acts 1992, ch. 808, § 4.
Tenn. Code Ann. § 56-7-3107 — TN Code / Title 56 / Chapter 7 / Section 56-7-3107
Information to be provided regarding maximum allowable cost lists - Updating maximum allowable cost lists
Status: in_force

(a) A pharmacy benefits manager or covered entity shall make available to each pharmacy with which the pharmacy benefits manager or covered entity has a contract and to each pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, at the beginning of the term of a contract and upon renewal of a contract: (1) The sources used to determine the maximum allowable costs for the drugs and medical products and devices on each maximum allowable cost list; (2) Every maximum allowable cost for individual drugs used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy; and (3) Upon request, every maximum allowable cost list used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy. (b) A pharmacy benefits manager or covered entity shall: (1) Update each maximum allowable cost list at least every three (3) business days, as required by § 56-7-3104(b) ; (2) Make the updated lists available to every pharmacy with which the pharmacy benefits manager or covered entity has a contract and to every pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, in a readily accessible, secure and usable web-based format or other comparable format or process; and (3) Utilize the updated maximum allowable costs to calculate the payments made to the contracted pharmacies within five (5) business days. Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
(a) A pharmacy benefits manager or covered entity shall make available to each pharmacy with which the pharmacy benefits manager or covered entity has a contract and to each pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, at the beginning of the term of a contract and upon renewal of a contract: (1) The sources used to determine the maximum allowable costs for the drugs and medical products and devices on each maximum allowable cost list; (2) Every maximum allowable cost for individual drugs used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy; and (3) Upon request, every maximum allowable cost list used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy.
(1) The sources used to determine the maximum allowable costs for the drugs and medical products and devices on each maximum allowable cost list;
(2) Every maximum allowable cost for individual drugs used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy; and
(3) Upon request, every maximum allowable cost list used by that pharmacy benefits manager or covered entity for patients served by that contracted pharmacy.
(b) A pharmacy benefits manager or covered entity shall: (1) Update each maximum allowable cost list at least every three (3) business days, as required by § 56-7-3104(b) ; (2) Make the updated lists available to every pharmacy with which the pharmacy benefits manager or covered entity has a contract and to every pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, in a readily accessible, secure and usable web-based format or other comparable format or process; and (3) Utilize the updated maximum allowable costs to calculate the payments made to the contracted pharmacies within five (5) business days.
(1) Update each maximum allowable cost list at least every three (3) business days, as required by § 56-7-3104(b) ;
(2) Make the updated lists available to every pharmacy with which the pharmacy benefits manager or covered entity has a contract and to every pharmacy included in a network of pharmacies served by a pharmacy services administrative organization with which the pharmacy benefits manager or covered entity has a contract, in a readily accessible, secure and usable web-based format or other comparable format or process; and
(3) Utilize the updated maximum allowable costs to calculate the payments made to the contracted pharmacies within five (5) business days.
Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
Tenn. Code Ann. § 56-6-1002 — TN Code / Title 56 / Chapter 6 / Section 56-6-1002
Licensure as a crop insurance adjuster
Status: in_force

(a) No person shall act or hold out as being a crop insurance adjuster unless licensed as a crop insurance adjuster in accordance with this part. (b) An insurer that sells crop insurance shall not contract, employ or use any person to adjust claims made under a crop insurance policy unless the person is licensed as a crop insurance adjuster. Acts 2009, ch. 476, § 3.
(a) No person shall act or hold out as being a crop insurance adjuster unless licensed as a crop insurance adjuster in accordance with this part.
(b) An insurer that sells crop insurance shall not contract, employ or use any person to adjust claims made under a crop insurance policy unless the person is licensed as a crop insurance adjuster.
Acts 2009, ch. 476, § 3.
Tenn. Code Ann. § 56-7-2602 — TN Code / Title 56 / Chapter 7 / Section 56-7-2602
Alcoholism and drug dependence - Coverage for treatment
Status: in_force

(a) Purpose. The purpose of this section is to encourage consumers to avail themselves of basic levels of benefits under group health insurance policies and contracts for the care and treatment of alcohol and other drug dependency, and to preserve the rights of the consumer to select the coverage according to the consumer's medical-economic needs. (b) Availability of Coverage for Alcohol and Other Drug Dependency. (1) Insurers, nonprofit hospitals and medical service plan corporations and health maintenance organizations transacting health insurance in this state shall offer and make available under group policies, contracts and plans providing hospital and medical coverage on an expense-incurred, service or prepaid basis, benefits for the necessary care and treatment of alcohol and other drug dependency that are not less favorable than for physical illness generally, subject to the same durational limits, dollar limits, deductibles and coinsurance factors, and that offer of benefits shall be subject to the right of the group policy or contract holder to reject the coverage or to select any alternative level of benefits if the right is offered by or negotiated with the insurer, service plan corporation or health maintenance organization. (2) Any benefits so provided shall be determined as if necessary care and treatment in an alcohol or other drug dependency treatment center were care and treatment in a hospital. For purposes of this section, "alcohol or other drug dependency treatment center" means a facility that provides a program for the treatment of alcohol or other drug dependency pursuant to a written treatment plan approved and monitored by a physician, and which facility is also: (A) Affiliated with a hospital under a contractual agreement with an established system for patient referral; (B) Licensed, certified or approved as an alcohol or other drug dependency treatment center by the department of mental health and substance abuse services; or (C) Accredited as such a facility by the joint commission on accreditation of hospitals. (c) Applicability. This section shall apply to group policies or contracts delivered or issued for delivery in this state more than one hundred twenty (120) days after October 1, 1982; but shall not apply to blanket, short term travel, accident only, limited or specified disease, individual conversion policies or contracts, or to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as medicare ( 42 U.S.C. § 1395 et seq.), or any other similar coverage under state or federal governmental plans. Acts 1982, ch. 831, § 1; 1992, ch. 984, § 4; T.C.A., § 56-7-1009 ; Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 95; 2012, ch. 575, § 1.
(a) Purpose. The purpose of this section is to encourage consumers to avail themselves of basic levels of benefits under group health insurance policies and contracts for the care and treatment of alcohol and other drug dependency, and to preserve the rights of the consumer to select the coverage according to the consumer's medical-economic needs.
(b) Availability of Coverage for Alcohol and Other Drug Dependency. (1) Insurers, nonprofit hospitals and medical service plan corporations and health maintenance organizations transacting health insurance in this state shall offer and make available under group policies, contracts and plans providing hospital and medical coverage on an expense-incurred, service or prepaid basis, benefits for the necessary care and treatment of alcohol and other drug dependency that are not less favorable than for physical illness generally, subject to the same durational limits, dollar limits, deductibles and coinsurance factors, and that offer of benefits shall be subject to the right of the group policy or contract holder to reject the coverage or to select any alternative level of benefits if the right is offered by or negotiated with the insurer, service plan corporation or health maintenance organization. (2) Any benefits so provided shall be determined as if necessary care and treatment in an alcohol or other drug dependency treatment center were care and treatment in a hospital. For purposes of this section, "alcohol or other drug dependency treatment center" means a facility that provides a program for the treatment of alcohol or other drug dependency pursuant to a written treatment plan approved and monitored by a physician, and which facility is also: (A) Affiliated with a hospital under a contractual agreement with an established system for patient referral; (B) Licensed, certified or approved as an alcohol or other drug dependency treatment center by the department of mental health and substance abuse services; or (C) Accredited as such a facility by the joint commission on accreditation of hospitals.
(1) Insurers, nonprofit hospitals and medical service plan corporations and health maintenance organizations transacting health insurance in this state shall offer and make available under group policies, contracts and plans providing hospital and medical coverage on an expense-incurred, service or prepaid basis, benefits for the necessary care and treatment of alcohol and other drug dependency that are not less favorable than for physical illness generally, subject to the same durational limits, dollar limits, deductibles and coinsurance factors, and that offer of benefits shall be subject to the right of the group policy or contract holder to reject the coverage or to select any alternative level of benefits if the right is offered by or negotiated with the insurer, service plan corporation or health maintenance organization.
(2) Any benefits so provided shall be determined as if necessary care and treatment in an alcohol or other drug dependency treatment center were care and treatment in a hospital. For purposes of this section, "alcohol or other drug dependency treatment center" means a facility that provides a program for the treatment of alcohol or other drug dependency pursuant to a written treatment plan approved and monitored by a physician, and which facility is also: (A) Affiliated with a hospital under a contractual agreement with an established system for patient referral; (B) Licensed, certified or approved as an alcohol or other drug dependency treatment center by the department of mental health and substance abuse services; or (C) Accredited as such a facility by the joint commission on accreditation of hospitals.
(A) Affiliated with a hospital under a contractual agreement with an established system for patient referral;
(B) Licensed, certified or approved as an alcohol or other drug dependency treatment center by the department of mental health and substance abuse services; or
(C) Accredited as such a facility by the joint commission on accreditation of hospitals.
(c) Applicability. This section shall apply to group policies or contracts delivered or issued for delivery in this state more than one hundred twenty (120) days after October 1, 1982; but shall not apply to blanket, short term travel, accident only, limited or specified disease, individual conversion policies or contracts, or to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as medicare ( 42 U.S.C. § 1395 et seq.), or any other similar coverage under state or federal governmental plans.
Acts 1982, ch. 831, § 1; 1992, ch. 984, § 4; T.C.A., § 56-7-1009 ; Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 95; 2012, ch. 575, § 1.
Tenn. Code Ann. § 56-9-409 — TN Code / Title 56 / Chapter 9 / Section 56-9-409
Liquidation in this state involving reciprocal state - Order of distribution - Priority among owners of special deposit claims - Owners of secure claims
Status: in_force

(a) In a liquidation proceeding in this state involving one (1) or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located. (b) (1) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. (2) If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. (c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender the owner's security and file the owner's claim as a general creditor, or the claim may be discharged by resort to the security in accordance with § 56-9-328 , in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. Acts 1991, ch. 142, § 4.
(a) In a liquidation proceeding in this state involving one (1) or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located.
(b) (1) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. (2) If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(1) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits.
(2) If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender the owner's security and file the owner's claim as a general creditor, or the claim may be discharged by resort to the security in accordance with § 56-9-328 , in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-7-3713 — TN Code / Title 56 / Chapter 7 / Section 56-7-3713
Payment
Status: in_force

(a) A health carrier or utilization review organization shall pay a healthcare provider at the contracted payment rate for a healthcare service provided by the healthcare provider per an approved prior authorization unless: (1) The healthcare provider knowingly and materially misrepresented the healthcare service in the prior authorization request with the specific intent to deceive and obtain an unlawful payment from the health carrier; (2) The healthcare provider was no longer contracted with the patient's health benefit plan on the date the healthcare service was provided; (3) The healthcare provider failed to meet the timely filing requirements of the health carrier; or (4) The health carrier does not have liability for a claim. (b) A health carrier shall pay a healthcare provider for performing a healthcare service if the prior authorization for the service was obtained by another healthcare provider. (c) The health carrier shall provide reimbursement for healthcare services retroactively deemed medically necessary, regardless of when prior authorization was approved, for a maximum period of eighteen (18) months. (d) Payment must be guaranteed when a prior authorization submitted under § 56-7-3705 is approved. (e) This section does not apply to prescription drugs that are covered under an enrollee's benefit plan. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
(a) A health carrier or utilization review organization shall pay a healthcare provider at the contracted payment rate for a healthcare service provided by the healthcare provider per an approved prior authorization unless: (1) The healthcare provider knowingly and materially misrepresented the healthcare service in the prior authorization request with the specific intent to deceive and obtain an unlawful payment from the health carrier; (2) The healthcare provider was no longer contracted with the patient's health benefit plan on the date the healthcare service was provided; (3) The healthcare provider failed to meet the timely filing requirements of the health carrier; or (4) The health carrier does not have liability for a claim.
(1) The healthcare provider knowingly and materially misrepresented the healthcare service in the prior authorization request with the specific intent to deceive and obtain an unlawful payment from the health carrier;
(2) The healthcare provider was no longer contracted with the patient's health benefit plan on the date the healthcare service was provided;
(3) The healthcare provider failed to meet the timely filing requirements of the health carrier; or
(4) The health carrier does not have liability for a claim.
(b) A health carrier shall pay a healthcare provider for performing a healthcare service if the prior authorization for the service was obtained by another healthcare provider.
(c) The health carrier shall provide reimbursement for healthcare services retroactively deemed medically necessary, regardless of when prior authorization was approved, for a maximum period of eighteen (18) months.
(d) Payment must be guaranteed when a prior authorization submitted under § 56-7-3705 is approved.
(e) This section does not apply to prescription drugs that are covered under an enrollee's benefit plan.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-7-111 — TN Code / Title 56 / Chapter 7 / Section 56-7-111
Property or casualty insurance - General contractor as a payee
Status: in_force

When insured property losses in excess of one thousand dollars ($1,000) accrue to the owners of dwellings or other structures insured under policies of property or casualty insurance as defined in § 56-2-201 , the insurance company shall name the general contractor, as defined in § 62-6-102 , of any uncompleted construction or building contract as a payee on the draft to the owner covering payment for the loss. The insurance company shall name the general contractor as payee on the draft pursuant to this section regardless of whether the work that was performed or is yet to be performed is less than twenty-five thousand dollars ($25,000). Acts 1974, ch. 705, § 1; T.C.A., § 56-1169; Acts 1998, ch. 706, § 1.
When insured property losses in excess of one thousand dollars ($1,000) accrue to the owners of dwellings or other structures insured under policies of property or casualty insurance as defined in § 56-2-201 , the insurance company shall name the general contractor, as defined in § 62-6-102 , of any uncompleted construction or building contract as a payee on the draft to the owner covering payment for the loss. The insurance company shall name the general contractor as payee on the draft pursuant to this section regardless of whether the work that was performed or is yet to be performed is less than twenty-five thousand dollars ($25,000).
Acts 1974, ch. 705, § 1; T.C.A., § 56-1169; Acts 1998, ch. 706, § 1.
Tenn. Code Ann. § 56-3-109 — TN Code / Title 56 / Chapter 3 / Section 56-3-109
Dividends - Illegal division - Directors' liability to creditors
Status: in_force

Moneys received as premiums upon risks undetermined and outstanding, at the time of declaring any dividend, shall not be considered as profits, earned and divided as such; and if any loss should happen impairing the capital stock, no dividend shall be declared until the capital stock is made good; and if a dividend is declared, contrary to this prohibition, the directors consenting to the dividend shall be liable to make good to the creditors of the company, if their claims cannot otherwise be satisfied, the amount of dividends thus illegally divided. Acts 1875, ch. 142, § 10; Shan., § 2266; Code 1932, § 3978; T.C.A. (orig. ed.), §§ 56-235, 56-330.
Moneys received as premiums upon risks undetermined and outstanding, at the time of declaring any dividend, shall not be considered as profits, earned and divided as such; and if any loss should happen impairing the capital stock, no dividend shall be declared until the capital stock is made good; and if a dividend is declared, contrary to this prohibition, the directors consenting to the dividend shall be liable to make good to the creditors of the company, if their claims cannot otherwise be satisfied, the amount of dividends thus illegally divided.
Acts 1875, ch. 142, § 10; Shan., § 2266; Code 1932, § 3978; T.C.A. (orig. ed.), §§ 56-235, 56-330.
Tenn. Code Ann. § 56-7-105 — TN Code / Title 56 / Chapter 7 / Section 56-7-105
Additional liability upon insurers and bonding companies for bad-faith failure to pay promptly
Status: in_force

(a) The insurance companies of this state, and foreign insurance companies and other persons or corporations doing an insurance or fidelity bonding business in this state, in all cases when a loss occurs and they refuse to pay the loss within sixty (60) days after a demand has been made by the holder of the policy or fidelity bond on which the loss occurred, shall be liable to pay the holder of the policy or fidelity bond, in addition to the loss and interest thereon, a sum not exceeding twenty-five percent (25%) on the liability for the loss; provided, that it is made to appear to the court or jury trying the case that the refusal to pay the loss was not in good faith, and that the failure to pay inflicted additional expense, loss, or injury including attorney fees upon the holder of the policy or fidelity bond; and provided, further, that the additional liability, within the limit prescribed, shall, in the discretion of the court or jury trying the case, be measured by the additional expense, loss, and injury including attorney fees thus entailed. (b) In any action against an unauthorized foreign or alien insurer or bonding company upon a contract of insurance or fidelity bond issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer or bonding company has failed for thirty (30) days after demand prior to commencement of the action to make payment in accordance with the terms of the contract or fidelity bond, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one-half percent (12.5%) of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer or bonding company, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer or bonding company to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. Acts 1901, ch. 141, § 1; Shan., § 3369a141; Code 1932, § 6434; Acts 1955, ch. 2, § 4; T.C.A. (orig. ed.), § 56-1105; Acts 1981, ch. 354, § 1; 2000, ch. 701, § 1.
(a) The insurance companies of this state, and foreign insurance companies and other persons or corporations doing an insurance or fidelity bonding business in this state, in all cases when a loss occurs and they refuse to pay the loss within sixty (60) days after a demand has been made by the holder of the policy or fidelity bond on which the loss occurred, shall be liable to pay the holder of the policy or fidelity bond, in addition to the loss and interest thereon, a sum not exceeding twenty-five percent (25%) on the liability for the loss; provided, that it is made to appear to the court or jury trying the case that the refusal to pay the loss was not in good faith, and that the failure to pay inflicted additional expense, loss, or injury including attorney fees upon the holder of the policy or fidelity bond; and provided, further, that the additional liability, within the limit prescribed, shall, in the discretion of the court or jury trying the case, be measured by the additional expense, loss, and injury including attorney fees thus entailed.
(b) In any action against an unauthorized foreign or alien insurer or bonding company upon a contract of insurance or fidelity bond issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer or bonding company has failed for thirty (30) days after demand prior to commencement of the action to make payment in accordance with the terms of the contract or fidelity bond, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one-half percent (12.5%) of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer or bonding company, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer or bonding company to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Acts 1901, ch. 141, § 1; Shan., § 3369a141; Code 1932, § 6434; Acts 1955, ch. 2, § 4; T.C.A. (orig. ed.), § 56-1105; Acts 1981, ch. 354, § 1; 2000, ch. 701, § 1.