Tenn. Code Ann. § 56-1-702 — TN Code / Title 56 / Chapter 1 / Section 56-1-702
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 873, s 3, eff. 5/3/2018. Acts 1970, ch. 503, § 2; impl. am. Acts 1974, ch. 725, §§ 1, 22; T.C.A., § 56-142.
Repealed by 2018 Tenn. Acts, ch. 873, s 3, eff. 5/3/2018.
Acts 1970, ch. 503, § 2; impl. am. Acts 1974, ch. 725, §§ 1, 22; T.C.A., § 56-142.
Tenn. Code Ann. § 56-30-120 — TN Code / Title 56 / Chapter 30 / Section 56-30-120
License renewal - Agents' certificate of authority
Status: in_force

All licenses authorizing dental service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. Any dental service plan corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting dental service plan contracts for the corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for life and health and accident insurance agents. Acts 1961, ch. 340, § 19; T.C.A., § 56-3520.
All licenses authorizing dental service plan corporations to transact business in this state shall be renewable on April 1 of each year, subject to the approval of the commissioner. Any dental service plan corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting dental service plan contracts for the corporation in this state, and the certificate shall be renewable January 1 of each year, subject to applicable sections of the insurance laws, including the revenue law of this state for life and health and accident insurance agents.
Acts 1961, ch. 340, § 19; T.C.A., § 56-3520.
Tenn. Code Ann. § 56-2-410 — TN Code / Title 56 / Chapter 2 / Section 56-2-410
Revocation of license of fire or marine companies - Reinstatement
Status: in_force

(a) If any fire, fire marine, or marine insurance company or association violates or fails to observe and comply with any or all of the provisions of § 56-2-409 , this section and § 56-2-411 applicable to it, it immediately shall become the duty of the commissioner to investigate the company's or association's conduct, and if the commissioner is satisfied as to the guilt of the insurance company or association, it shall be the commissioner's duty to revoke the license of the company or association to transact business in this state, and the revocation shall continue for at least one (1) year from the date of revocation. (b) No insurance company or association whose authority to transact business in this state has been so revoked shall be again authorized or permitted to transact business until it has filed in the office of the commissioner a certificate, signed by its president or other chief officer, to the effect that the terms and obligations of § 56-2-409 , this section and § 56-2-411 are accepted by it as a part of the condition of its right and authority to transact business in this state. Acts 1899, ch. 430, § 4; Shan., § 3369a62; Code 1932, § 6344; T.C.A. (orig. ed.), §§ 56-317, 56-239.
(a) If any fire, fire marine, or marine insurance company or association violates or fails to observe and comply with any or all of the provisions of § 56-2-409 , this section and § 56-2-411 applicable to it, it immediately shall become the duty of the commissioner to investigate the company's or association's conduct, and if the commissioner is satisfied as to the guilt of the insurance company or association, it shall be the commissioner's duty to revoke the license of the company or association to transact business in this state, and the revocation shall continue for at least one (1) year from the date of revocation.
(b) No insurance company or association whose authority to transact business in this state has been so revoked shall be again authorized or permitted to transact business until it has filed in the office of the commissioner a certificate, signed by its president or other chief officer, to the effect that the terms and obligations of § 56-2-409 , this section and § 56-2-411 are accepted by it as a part of the condition of its right and authority to transact business in this state.
Acts 1899, ch. 430, § 4; Shan., § 3369a62; Code 1932, § 6344; T.C.A. (orig. ed.), §§ 56-317, 56-239.
Tenn. Code Ann. § 56-16-203 — TN Code / Title 56 / Chapter 16 / Section 56-16-203
Board of directors - Selection - Powers
Status: in_force

The board of directors exercising the subscribers' rights in a domestic reciprocal shall be selected under rules adopted by the subscribers. At least three fourths (3/4) of the board shall be composed of subscribers other than the attorney or any person employed by, representing or having a financial interest in the attorney. The board shall supervise the finances of the reciprocal and the reciprocal's operations to the extent required to assure their conformity with the subscriber's agreement and power of attorney and shall exercise any other powers conferred on it by the subscriber's agreement. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-303.
The board of directors exercising the subscribers' rights in a domestic reciprocal shall be selected under rules adopted by the subscribers. At least three fourths (3/4) of the board shall be composed of subscribers other than the attorney or any person employed by, representing or having a financial interest in the attorney. The board shall supervise the finances of the reciprocal and the reciprocal's operations to the extent required to assure their conformity with the subscriber's agreement and power of attorney and shall exercise any other powers conferred on it by the subscriber's agreement.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-303.
Tenn. Code Ann. § 56-10-204 — TN Code / Title 56 / Chapter 10 / Section 56-10-204
Disapproval of acquisition by commissioner - Hearing
Status: in_force

The acquisitions referred to in § 56-10-202 may be made unless the commissioner, within sixty (60) days after the statement required by § 56-10-202 has been filed with the commissioner, disapproves the acquisitions; provided, that the commissioner shall have one hundred twenty (120) days within which to disapprove the acquisitions if within the sixty-day period the commissioner calls a public hearing and holds the public hearing within the one hundred twenty-day period. The commissioner shall call and hold the public hearing within the one hundred twenty-day period if requested to do so by the insurer referred to in § 56-10-202 within the sixty-day period. The commissioner may disapprove the transaction if it is found that: (1) Upon completion of the acquisition, the domestic insurer referred to in § 56-10-202 would be unable to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (2) The financial condition of the acquiring person is such as might jeopardize the financial stability of the insurer, or prejudice the interests of its policyholders or, in the case of a possible acquisition of control other than by merger or consolidation, prejudice the interests of any remaining shareholders who are unaffiliated with the acquiring person; (3) The plans or proposals that the acquiring person has to liquidate the insurer, to sell its assets or to merge or consolidate it with any person, or to make any other major change in its business or corporate structure or management, are unfair or prejudicial to policyholders; or (4) The competence, experience and integrity of those persons who would control the operation of the domestic insurer referred to in § 56-10-202 indicate that it would not be in the best interest of the policyholders and shareholders of the insurer or in the public interest to permit them to do so. Acts 1969, ch. 271, § 4; T.C.A., § 56-3615.
The acquisitions referred to in § 56-10-202 may be made unless the commissioner, within sixty (60) days after the statement required by § 56-10-202 has been filed with the commissioner, disapproves the acquisitions; provided, that the commissioner shall have one hundred twenty (120) days within which to disapprove the acquisitions if within the sixty-day period the commissioner calls a public hearing and holds the public hearing within the one hundred twenty-day period. The commissioner shall call and hold the public hearing within the one hundred twenty-day period if requested to do so by the insurer referred to in § 56-10-202 within the sixty-day period. The commissioner may disapprove the transaction if it is found that:
(1) Upon completion of the acquisition, the domestic insurer referred to in § 56-10-202 would be unable to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;
(2) The financial condition of the acquiring person is such as might jeopardize the financial stability of the insurer, or prejudice the interests of its policyholders or, in the case of a possible acquisition of control other than by merger or consolidation, prejudice the interests of any remaining shareholders who are unaffiliated with the acquiring person;
(3) The plans or proposals that the acquiring person has to liquidate the insurer, to sell its assets or to merge or consolidate it with any person, or to make any other major change in its business or corporate structure or management, are unfair or prejudicial to policyholders; or
(4) The competence, experience and integrity of those persons who would control the operation of the domestic insurer referred to in § 56-10-202 indicate that it would not be in the best interest of the policyholders and shareholders of the insurer or in the public interest to permit them to do so.
Acts 1969, ch. 271, § 4; T.C.A., § 56-3615.
Tenn. Code Ann. § 56-51-138 — TN Code / Title 56 / Chapter 51 / Section 56-51-138
Officers' and employees' fidelity bond
Status: in_force

(a) A prepaid limited health service organization must maintain in force a fidelity bond in its own name on its officers and employees, in an amount not less than fifty thousand dollars ($50,000) or in any other amount prescribed by the department. Except as otherwise provided by this subsection (a), the bond must be issued by an insurance company that is licensed to do business in this state. (b) In lieu of the bond specified in subsection (a), a prepaid limited health service organization may deposit with the department cash or securities or other investments of the types set forth in § 56-51-133 . The deposit must be maintained in joint custody with the commissioner in the amount and subject to the same conditions required for a bond under this subsection (b). Acts 2000, ch. 948, § 38.
(a) A prepaid limited health service organization must maintain in force a fidelity bond in its own name on its officers and employees, in an amount not less than fifty thousand dollars ($50,000) or in any other amount prescribed by the department. Except as otherwise provided by this subsection (a), the bond must be issued by an insurance company that is licensed to do business in this state.
(b) In lieu of the bond specified in subsection (a), a prepaid limited health service organization may deposit with the department cash or securities or other investments of the types set forth in § 56-51-133 . The deposit must be maintained in joint custody with the commissioner in the amount and subject to the same conditions required for a bond under this subsection (b).
Acts 2000, ch. 948, § 38.
Tenn. Code Ann. § 56-19-115 — TN Code / Title 56 / Chapter 19 / Section 56-19-115
Unearned premium and other reserves - Maintenance
Status: in_force

The mutual company shall maintain unearned premium and other reserves separately for each kind of insurance, upon the same basis as that required of domestic stock insurance companies transacting the same kind of insurance, and the funds earned by each kind of insurance shall be kept separate and shall not be available to pay losses or expenses incurred by any other kind of insurance; provided, that any reserve for losses or claims based upon the premium income shall be computed upon the net premium income after deducting any so-called dividend or premium returned or credited to the member. Acts 1919, ch. 108, § 12; Shan. Supp., § 3369a58b18; Code 1932, § 6330; T.C.A. (orig. ed.), § 56-1715.
The mutual company shall maintain unearned premium and other reserves separately for each kind of insurance, upon the same basis as that required of domestic stock insurance companies transacting the same kind of insurance, and the funds earned by each kind of insurance shall be kept separate and shall not be available to pay losses or expenses incurred by any other kind of insurance; provided, that any reserve for losses or claims based upon the premium income shall be computed upon the net premium income after deducting any so-called dividend or premium returned or credited to the member.
Acts 1919, ch. 108, § 12; Shan. Supp., § 3369a58b18; Code 1932, § 6330; T.C.A. (orig. ed.), § 56-1715.
Tenn. Code Ann. § 56-18-112 — TN Code / Title 56 / Chapter 18 / Section 56-18-112
Acquisition of stock by corporation in carrying out plan of conversion - Voting of stock
Status: in_force

(a) (1) If a stock life insurance corporation determines to become a mutual life insurance corporation, it may, in carrying out any plan to that end under this chapter, acquire any shares of its own stock by gift, bequest or purchase. (2) Until all of the shares are acquired, any shares so acquired shall be assigned and transferred on the books of the corporation to five (5) trustees for the corporation, and shall be held by them in trust and be voted as a unit by them at all corporate meetings at which stockholders have a right to vote, until all of the capital stock of the corporation is acquired, when the entire capital stock shall be retired and cancelled and, thereupon, the corporation shall be made and become a mutual life insurance corporation without capital stock. (3) Before undertaking any of the duties of appointment, each trustee shall file with the company a verified acceptance of the appointment and a declaration that the trustee will faithfully discharge all duties as trustee, and shall give bond as required by the mutualization plan. (4) All dividends and other sums received by the trustees on the shares of stock so acquired by them, shall, after paying the necessary expenses of executing the trust, be added to and become a part of the surplus earned by the company. (b) The five (5) trustees shall be named in the plan of mutualization originally adopted by the directors of the corporation, and shall be approved by the commissioner. The plan of mutualization shall also provide for the method of filling vacancies occurring among the trustees. Acts 1949, ch. 91, § 4; C. Supp. 1950, § 6433.16 (Williams, § 6433.20); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1613.
(a) (1) If a stock life insurance corporation determines to become a mutual life insurance corporation, it may, in carrying out any plan to that end under this chapter, acquire any shares of its own stock by gift, bequest or purchase. (2) Until all of the shares are acquired, any shares so acquired shall be assigned and transferred on the books of the corporation to five (5) trustees for the corporation, and shall be held by them in trust and be voted as a unit by them at all corporate meetings at which stockholders have a right to vote, until all of the capital stock of the corporation is acquired, when the entire capital stock shall be retired and cancelled and, thereupon, the corporation shall be made and become a mutual life insurance corporation without capital stock. (3) Before undertaking any of the duties of appointment, each trustee shall file with the company a verified acceptance of the appointment and a declaration that the trustee will faithfully discharge all duties as trustee, and shall give bond as required by the mutualization plan. (4) All dividends and other sums received by the trustees on the shares of stock so acquired by them, shall, after paying the necessary expenses of executing the trust, be added to and become a part of the surplus earned by the company.
(1) If a stock life insurance corporation determines to become a mutual life insurance corporation, it may, in carrying out any plan to that end under this chapter, acquire any shares of its own stock by gift, bequest or purchase.
(2) Until all of the shares are acquired, any shares so acquired shall be assigned and transferred on the books of the corporation to five (5) trustees for the corporation, and shall be held by them in trust and be voted as a unit by them at all corporate meetings at which stockholders have a right to vote, until all of the capital stock of the corporation is acquired, when the entire capital stock shall be retired and cancelled and, thereupon, the corporation shall be made and become a mutual life insurance corporation without capital stock.
(3) Before undertaking any of the duties of appointment, each trustee shall file with the company a verified acceptance of the appointment and a declaration that the trustee will faithfully discharge all duties as trustee, and shall give bond as required by the mutualization plan.
(4) All dividends and other sums received by the trustees on the shares of stock so acquired by them, shall, after paying the necessary expenses of executing the trust, be added to and become a part of the surplus earned by the company.
(b) The five (5) trustees shall be named in the plan of mutualization originally adopted by the directors of the corporation, and shall be approved by the commissioner. The plan of mutualization shall also provide for the method of filling vacancies occurring among the trustees.
Acts 1949, ch. 91, § 4; C. Supp. 1950, § 6433.16 (Williams, § 6433.20); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1613.
Tenn. Code Ann. § 56-1-417 — TN Code / Title 56 / Chapter 1 / Section 56-1-417
Notice required for revocation or suspension of certificate of authority
Status: in_force

Unless the ground for revocation or suspension relates only to the financial condition or soundness of the company or to a deficiency in its assets, the commissioner shall notify the company no less than ten (10) days before revoking its authority to do business in this state, and the commissioner shall specify in the notice the particulars of the supposed violation. Acts 1895, ch. 160, § 5; Shan., § 3284; Code 1932, § 6099; T.C.A. (orig. ed.), § 56-129.
Unless the ground for revocation or suspension relates only to the financial condition or soundness of the company or to a deficiency in its assets, the commissioner shall notify the company no less than ten (10) days before revoking its authority to do business in this state, and the commissioner shall specify in the notice the particulars of the supposed violation.
Acts 1895, ch. 160, § 5; Shan., § 3284; Code 1932, § 6099; T.C.A. (orig. ed.), § 56-129.
Tenn. Code Ann. § 56-2-906 — TN Code / Title 56 / Chapter 2 / Section 56-2-906
Contents of corporate governance annual disclosure
Status: in_force

(a) The insurer or insurance group has discretion over the responses to the CGAD inquiries, provided that the CGAD must contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies, and practices. The commissioner may request additional information that the commissioner deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or the controls implementing those policies. (b) Notwithstanding subsection (a), the CGAD must be prepared consistent with rules promulgated pursuant to this part. The rules must be consistent with subsection (c). Documentation and supporting information must be maintained and made available upon examination or upon the request of the commissioner. (c) Rules promulgated under this part must prescribe separate but suitable corporate governance reporting requirements for any insurer or insurance group that is not admitted to write insurance on a direct basis in any other jurisdiction and is either: (1) Organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68; or (2) Governed by a board of which at least seventy-five percent (75%) of its voting directors receive no more than nominal compensation. Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
(a) The insurer or insurance group has discretion over the responses to the CGAD inquiries, provided that the CGAD must contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies, and practices. The commissioner may request additional information that the commissioner deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or the controls implementing those policies.
(b) Notwithstanding subsection (a), the CGAD must be prepared consistent with rules promulgated pursuant to this part. The rules must be consistent with subsection (c). Documentation and supporting information must be maintained and made available upon examination or upon the request of the commissioner.
(c) Rules promulgated under this part must prescribe separate but suitable corporate governance reporting requirements for any insurer or insurance group that is not admitted to write insurance on a direct basis in any other jurisdiction and is either: (1) Organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68; or (2) Governed by a board of which at least seventy-five percent (75%) of its voting directors receive no more than nominal compensation.
(1) Organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68; or
(2) Governed by a board of which at least seventy-five percent (75%) of its voting directors receive no more than nominal compensation.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
Tenn. Code Ann. § 56-19-118 — TN Code / Title 56 / Chapter 19 / Section 56-19-118
Foreign mutual insurance companies admitted if solvent - Requirements for admission
Status: in_force

(a) Any mutual insurance company organized outside of this state and authorized to transact the business of insurance on the mutual plan in any state, district, or territory, shall be admitted and licensed, subject to the approval of the commissioner as provided for in this chapter, to transact the kinds of insurance authorized by its charter or articles to the extent and with the powers and privileges specified in this chapter and when it is solvent under this chapter, and has complied with the following requirements: (1) Filing with the commissioner a certified copy of its charter or articles and a certificate of the supervising insurance official of the state, district, or territory, in which it is incorporated, that it is there organized and authorized to do such business as it desires to transact in this state; (2) Filing with the commissioner a copy of its bylaws certified to by its secretary; (3) Appointing the commissioner its agent for the service of process in any action, suit, or proceeding in any court of this state, which authority shall continue as long as any liability shall remain outstanding in this state; (4) Filing a financial statement under oath, in the form that the commissioner may require, and complying with other provisions of the law applicable to the filing of papers and furnishing information by stock companies on application for authority to transact the same kinds of insurance; (5) If organized without the United States, making and maintaining the deposit required of stock insurance companies formed without the United States transacting the same kinds of insurance; and (6) Its name shall not be so similar to any name already in use by any such existing corporation, company or association organized or licensed in this state as to be confusing or misleading. (b) Upon compliance by any such foreign company with this section, the company shall be licensed and authorized to transact business in this state, subject to all the provisions of law relating to information to and examinations by the commissioner, annual reports, taxes and the renewal of licenses, applicable to stock insurance companies transacting the same kinds of insurance, except as otherwise provided in this chapter. Acts 1919, ch. 108, § 16; Shan. Supp., § 3369a58b22; Code 1932, § 6334; T.C.A. (orig. ed.), § 56-1718.
(a) Any mutual insurance company organized outside of this state and authorized to transact the business of insurance on the mutual plan in any state, district, or territory, shall be admitted and licensed, subject to the approval of the commissioner as provided for in this chapter, to transact the kinds of insurance authorized by its charter or articles to the extent and with the powers and privileges specified in this chapter and when it is solvent under this chapter, and has complied with the following requirements: (1) Filing with the commissioner a certified copy of its charter or articles and a certificate of the supervising insurance official of the state, district, or territory, in which it is incorporated, that it is there organized and authorized to do such business as it desires to transact in this state; (2) Filing with the commissioner a copy of its bylaws certified to by its secretary; (3) Appointing the commissioner its agent for the service of process in any action, suit, or proceeding in any court of this state, which authority shall continue as long as any liability shall remain outstanding in this state; (4) Filing a financial statement under oath, in the form that the commissioner may require, and complying with other provisions of the law applicable to the filing of papers and furnishing information by stock companies on application for authority to transact the same kinds of insurance; (5) If organized without the United States, making and maintaining the deposit required of stock insurance companies formed without the United States transacting the same kinds of insurance; and (6) Its name shall not be so similar to any name already in use by any such existing corporation, company or association organized or licensed in this state as to be confusing or misleading.
(1) Filing with the commissioner a certified copy of its charter or articles and a certificate of the supervising insurance official of the state, district, or territory, in which it is incorporated, that it is there organized and authorized to do such business as it desires to transact in this state;
(2) Filing with the commissioner a copy of its bylaws certified to by its secretary;
(3) Appointing the commissioner its agent for the service of process in any action, suit, or proceeding in any court of this state, which authority shall continue as long as any liability shall remain outstanding in this state;
(4) Filing a financial statement under oath, in the form that the commissioner may require, and complying with other provisions of the law applicable to the filing of papers and furnishing information by stock companies on application for authority to transact the same kinds of insurance;
(5) If organized without the United States, making and maintaining the deposit required of stock insurance companies formed without the United States transacting the same kinds of insurance; and
(6) Its name shall not be so similar to any name already in use by any such existing corporation, company or association organized or licensed in this state as to be confusing or misleading.
(b) Upon compliance by any such foreign company with this section, the company shall be licensed and authorized to transact business in this state, subject to all the provisions of law relating to information to and examinations by the commissioner, annual reports, taxes and the renewal of licenses, applicable to stock insurance companies transacting the same kinds of insurance, except as otherwise provided in this chapter.
Acts 1919, ch. 108, § 16; Shan. Supp., § 3369a58b22; Code 1932, § 6334; T.C.A. (orig. ed.), § 56-1718.
Tenn. Code Ann. § 56-14-103 — TN Code / Title 56 / Chapter 14 / Section 56-14-103
Surplus lines insurance authorized
Status: in_force

(a) If insurance coverages of insureds, whose home state is this state, cannot be procured from admitted companies after diligent effort, except if an exempt commercial purchaser, the coverages, designated as surplus lines insurance, may be procured from unauthorized companies, subject to the following conditions: (1) The insurance must be eligible for surplus lines under § 56-14-105 ; (2) The insurer must be an eligible surplus lines insurer under § 56-14-109 ; (3) The writing agent must be a licensed surplus lines agent; and (4) Any other applicable provisions of this chapter must be followed. (b) Any surplus lines insurance of an insured, whose home state is this state, shall be deemed to be insurance procured, or continued or renewed in this state for purposes of subsection (a). Acts 1969, ch. 270, § 3; T.C.A., § 56-3803; Acts 2011, ch. 446, § 1.
(a) If insurance coverages of insureds, whose home state is this state, cannot be procured from admitted companies after diligent effort, except if an exempt commercial purchaser, the coverages, designated as surplus lines insurance, may be procured from unauthorized companies, subject to the following conditions: (1) The insurance must be eligible for surplus lines under § 56-14-105 ; (2) The insurer must be an eligible surplus lines insurer under § 56-14-109 ; (3) The writing agent must be a licensed surplus lines agent; and (4) Any other applicable provisions of this chapter must be followed.
(1) The insurance must be eligible for surplus lines under § 56-14-105 ;
(2) The insurer must be an eligible surplus lines insurer under § 56-14-109 ;
(3) The writing agent must be a licensed surplus lines agent; and
(4) Any other applicable provisions of this chapter must be followed.
(b) Any surplus lines insurance of an insured, whose home state is this state, shall be deemed to be insurance procured, or continued or renewed in this state for purposes of subsection (a).
Acts 1969, ch. 270, § 3; T.C.A., § 56-3803; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-1-104 — TN Code / Title 56 / Chapter 1 / Section 56-1-104
Standardized forms for health care insurance claims
Status: in_force

(a) The commissioner, in consultation with the commissioner of health, shall promulgate rules and regulations to effect the development and implementation of standardized forms for all health care insurance claims made in this state. In developing the rules and regulations, the commissioner shall give consideration to requiring the use of Form UB92. (b) The commissioner and the commissioner of health shall develop and implement the standardized forms in consultation with the insurance companies offering for sale health care policies in this state. (c) The commissioner, in consultation with the commissioner of health, shall promulgate the rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) All insurance companies offering for sale health care policies in this state shall require all policyholders and third party claimants to utilize the standardized forms when making a claim against any health care insurance policy in effect in this state. (e) As used in this section, "standardized forms" includes, but is not necessarily limited to, electronic storage systems and information. Acts 1993, ch. 277, § 1.
(a) The commissioner, in consultation with the commissioner of health, shall promulgate rules and regulations to effect the development and implementation of standardized forms for all health care insurance claims made in this state. In developing the rules and regulations, the commissioner shall give consideration to requiring the use of Form UB92.
(b) The commissioner and the commissioner of health shall develop and implement the standardized forms in consultation with the insurance companies offering for sale health care policies in this state.
(c) The commissioner, in consultation with the commissioner of health, shall promulgate the rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) All insurance companies offering for sale health care policies in this state shall require all policyholders and third party claimants to utilize the standardized forms when making a claim against any health care insurance policy in effect in this state.
(e) As used in this section, "standardized forms" includes, but is not necessarily limited to, electronic storage systems and information.
Acts 1993, ch. 277, § 1.
Tenn. Code Ann. § 56-13-104 — TN Code / Title 56 / Chapter 13 / Section 56-13-104
Names of companies - "Certificate of Authority"
Status: in_force

(a) No captive insurance company shall adopt a name that is the same, deceptively similar, or likely to be confused with or mistaken for any other existing business name registered in this state, nor any name likely to mislead the public. Any name adopted by a captive insurance company shall comply with the requirements of titles 48 and 61. (b) A license issued pursuant to this chapter is a "Certificate of Authority". Amended by 2019 Tenn. Acts, ch. 452,s 2, eff. 5/22/2019. Acts 2011, ch. 468, § 1.
(a) No captive insurance company shall adopt a name that is the same, deceptively similar, or likely to be confused with or mistaken for any other existing business name registered in this state, nor any name likely to mislead the public. Any name adopted by a captive insurance company shall comply with the requirements of titles 48 and 61.
(b) A license issued pursuant to this chapter is a "Certificate of Authority".
Amended by 2019 Tenn. Acts, ch. 452,s 2, eff. 5/22/2019.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-3-301 — TN Code / Title 56 / Chapter 3 / Section 56-3-301
Underwriting or participation by domestic life insurance company in offering of securities by another prohibited - Agreement to withhold property from sale prohibited - Regulations on loans
Status: in_force

(a) No domestic life insurance company, whether incorporated by special act or under a general law of this state, shall underwrite or participate in the underwriting of an offering of securities or property by any other person; nor shall the company enter into any agreement to withhold from sale any of its property, but the disposition of its property shall be at all times within the control of its board of directors. (b) (1) No investment or loan, except policy loans, shall be made by the life insurance company, unless the investment or loan first has been authorized by the board of directors or by a committee appointed by the board and charged with the duty of supervising the investment or loan; provided, that the acquisition and disposal of short-term bonds, debentures, notes, commercial paper, certificates of deposits or similar evidences of indebtedness, having a remaining maturity of ninety (90) days or less, if in accordance with § 56-3-303 and if done under the general supervision and periodic review of the board or a committee appointed by the board, shall not require specific approval of the board or committee. (2) Membership on the board of directors shall not be a requirement for eligibility to membership on the committee. Acts 1907, ch. 458, § 1; Shan., § 3348a28; Code 1932, § 6203; T.C.A. (orig. ed.), § 56-216; Acts 1967, ch. 204, § 1; T.C.A. (orig. ed.), § 56-305; Acts 1983, ch. 65, § 1.
(a) No domestic life insurance company, whether incorporated by special act or under a general law of this state, shall underwrite or participate in the underwriting of an offering of securities or property by any other person; nor shall the company enter into any agreement to withhold from sale any of its property, but the disposition of its property shall be at all times within the control of its board of directors.
(b) (1) No investment or loan, except policy loans, shall be made by the life insurance company, unless the investment or loan first has been authorized by the board of directors or by a committee appointed by the board and charged with the duty of supervising the investment or loan; provided, that the acquisition and disposal of short-term bonds, debentures, notes, commercial paper, certificates of deposits or similar evidences of indebtedness, having a remaining maturity of ninety (90) days or less, if in accordance with § 56-3-303 and if done under the general supervision and periodic review of the board or a committee appointed by the board, shall not require specific approval of the board or committee. (2) Membership on the board of directors shall not be a requirement for eligibility to membership on the committee.
(1) No investment or loan, except policy loans, shall be made by the life insurance company, unless the investment or loan first has been authorized by the board of directors or by a committee appointed by the board and charged with the duty of supervising the investment or loan; provided, that the acquisition and disposal of short-term bonds, debentures, notes, commercial paper, certificates of deposits or similar evidences of indebtedness, having a remaining maturity of ninety (90) days or less, if in accordance with § 56-3-303 and if done under the general supervision and periodic review of the board or a committee appointed by the board, shall not require specific approval of the board or committee.
(2) Membership on the board of directors shall not be a requirement for eligibility to membership on the committee.
Acts 1907, ch. 458, § 1; Shan., § 3348a28; Code 1932, § 6203; T.C.A. (orig. ed.), § 56-216; Acts 1967, ch. 204, § 1; T.C.A. (orig. ed.), § 56-305; Acts 1983, ch. 65, § 1.
Tenn. Code Ann. § 56-51-132 — TN Code / Title 56 / Chapter 51 / Section 56-51-132
Examination by the department
Status: in_force

The department shall examine the affairs, transactions, accounts, business records, and assets of any prepaid limited health service organization, in the same manner and subject to the same terms and conditions that apply to health maintenance organizations under § 56-32-115 . Acts 2000, ch. 948, § 32.
The department shall examine the affairs, transactions, accounts, business records, and assets of any prepaid limited health service organization, in the same manner and subject to the same terms and conditions that apply to health maintenance organizations under § 56-32-115 .
Acts 2000, ch. 948, § 32.
Tenn. Code Ann. § 56-7-3504 — TN Code / Title 56 / Chapter 7 / Section 56-7-3504
Applicability
Status: in_force

(a) This part applies to a group health benefit plan or health insurance coverage offered in connection with a group health benefit plan that provides coverage for a prescription drug pursuant to a policy that meets the definition of a step therapy protocol, regardless of whether the policy is described as a step therapy protocol, and includes a state or local insurance program, under title 8, chapter 27. (b) This part does not apply to: (1) The TennCare program provided for in title 71, chapter 5, or a successor program; (2) The CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; or (3) The Access Tennessee Act of 2006, compiled in chapter 7, part 29 of this title. Added by 2022 Tenn. Acts, ch. 1020, s 1, eff. 1/1/2023.
(a) This part applies to a group health benefit plan or health insurance coverage offered in connection with a group health benefit plan that provides coverage for a prescription drug pursuant to a policy that meets the definition of a step therapy protocol, regardless of whether the policy is described as a step therapy protocol, and includes a state or local insurance program, under title 8, chapter 27.
(b) This part does not apply to: (1) The TennCare program provided for in title 71, chapter 5, or a successor program; (2) The CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; or (3) The Access Tennessee Act of 2006, compiled in chapter 7, part 29 of this title.
(1) The TennCare program provided for in title 71, chapter 5, or a successor program;
(2) The CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; or
(3) The Access Tennessee Act of 2006, compiled in chapter 7, part 29 of this title.
Added by 2022 Tenn. Acts, ch. 1020, s 1, eff. 1/1/2023.
Tenn. Code Ann. § 56-12-112 — TN Code / Title 56 / Chapter 12 / Section 56-12-112
Reports by board
Status: in_force

(a) The board of directors may, upon majority vote, make reports to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports shall be considered public documents. (b) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner. Acts 1971, ch. 180, § 12; T.C.A., § 56-4012.
(a) The board of directors may, upon majority vote, make reports to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports shall be considered public documents.
(b) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner.
Acts 1971, ch. 180, § 12; T.C.A., § 56-4012.
Tenn. Code Ann. § 56-26-128 — TN Code / Title 56 / Chapter 26 / Section 56-26-128
Violations - Penalty
Status: in_force

Any person, firm, partnership or corporation willfully violating any provision of § 56-26-125 or § 56-26-126 shall be liable for the civil penalty provided in § 56-26-123 . Acts 1970, ch. 455, § 4; T.C.A., § 56-3328.
Any person, firm, partnership or corporation willfully violating any provision of § 56-26-125 or § 56-26-126 shall be liable for the civil penalty provided in § 56-26-123 .
Acts 1970, ch. 455, § 4; T.C.A., § 56-3328.
Tenn. Code Ann. § 56-15-106 — TN Code / Title 56 / Chapter 15 / Section 56-15-106
Commissioner is custodian of securities deposited by bonding companies
Status: in_force

The commissioner is the custodian of all funds and securities deposited with this state for the benefit of policyholders, or for other purposes, by insurance companies writing a fidelity, bonding, or surety business in this state. Acts 1913 (1st E.S.), ch. 33, § 1; Shan., § 2222a1; mod. Code 1932, §3955; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1406.
The commissioner is the custodian of all funds and securities deposited with this state for the benefit of policyholders, or for other purposes, by insurance companies writing a fidelity, bonding, or surety business in this state.
Acts 1913 (1st E.S.), ch. 33, § 1; Shan., § 2222a1; mod. Code 1932, §3955; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1406.
Tenn. Code Ann. § 56-6-1203 — TN Code / Title 56 / Chapter 6 / Section 56-6-1203
Availability of brochures or other written materials - Offer on periodic basis - Eligibility and underwriting standards
Status: in_force

(a) At every location where self-service storage insurance is offered to occupants, brochures or other written materials shall be made available that: (1) Disclose that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy or other source of coverage; (2) State that the enrollment by the occupant in a self-service storage insurance program is not required in order to lease self-service storage space; (3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether covered personal property may be repaired or replaced; (4) Summarize the process for filing a claim; and (5) State that the enrolled occupant may cancel enrollment for coverage under a self-service storage insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (b) Self-service storage insurance may only be offered or sold on a periodic basis in connection with the rental of leased space at the self-service storage facility on a master, corporate, commercial, group, or individual policy basis and only with respect to personal property insurance that provides coverage to an occupant at the self-service storage facility where the insurance is transacted for the loss of or damage to stored personal property that occurs at such facility. (c) Eligibility and underwriting standards for occupants electing to enroll in coverage shall be established for each self-service storage insurance program. Added by 2013 Tenn. Acts, ch. 293,s 4, eff. 7/1/2013.
(a) At every location where self-service storage insurance is offered to occupants, brochures or other written materials shall be made available that: (1) Disclose that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy or other source of coverage; (2) State that the enrollment by the occupant in a self-service storage insurance program is not required in order to lease self-service storage space; (3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether covered personal property may be repaired or replaced; (4) Summarize the process for filing a claim; and (5) State that the enrolled occupant may cancel enrollment for coverage under a self-service storage insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(1) Disclose that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy or other source of coverage;
(2) State that the enrollment by the occupant in a self-service storage insurance program is not required in order to lease self-service storage space;
(3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether covered personal property may be repaired or replaced;
(A) The identity of the insurer;
(B) The identity of the supervising entity;
(C) The amount of any applicable deductible and how it is to be paid;
(D) Benefits of the coverage; and
(E) Key terms and conditions of coverage such as whether covered personal property may be repaired or replaced;
(4) Summarize the process for filing a claim; and
(5) State that the enrolled occupant may cancel enrollment for coverage under a self-service storage insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(b) Self-service storage insurance may only be offered or sold on a periodic basis in connection with the rental of leased space at the self-service storage facility on a master, corporate, commercial, group, or individual policy basis and only with respect to personal property insurance that provides coverage to an occupant at the self-service storage facility where the insurance is transacted for the loss of or damage to stored personal property that occurs at such facility.
(c) Eligibility and underwriting standards for occupants electing to enroll in coverage shall be established for each self-service storage insurance program.
Added by 2013 Tenn. Acts, ch. 293,s 4, eff. 7/1/2013.
Tenn. Code Ann. § 56-35-116 — TN Code / Title 56 / Chapter 35 / Section 56-35-116
Deposit and reserve funds - Care and investment
Status: in_force

The deposit required to be kept with the commissioner as the title insurance fund, together with any additions to the fund made as authorized in this chapter, and the title insurance reserve to be held by the insurers, and all unearned premium or risk rate reserves, shall be made and held either in lawful money of the United States, or in any investment authorized by the laws of Tennessee for nonassessment life insurance companies doing business in the state, and shall be safely kept for the benefit and security of all persons insured by the insurer for claims and demands arising out of the title insurance business, and shall be held and considered specially pledged as security for the title claims and demands; provided, that the insurer may change its deposits at any time and from time to time by depositing other securities of the kinds and descriptions in this section authorized to be deposited; and provided further, that the deposit, or change in deposit, shall be subject to the approval of the commissioner. Acts 1955, ch. 173, § 11; T.C.A., § 56-3416.
The deposit required to be kept with the commissioner as the title insurance fund, together with any additions to the fund made as authorized in this chapter, and the title insurance reserve to be held by the insurers, and all unearned premium or risk rate reserves, shall be made and held either in lawful money of the United States, or in any investment authorized by the laws of Tennessee for nonassessment life insurance companies doing business in the state, and shall be safely kept for the benefit and security of all persons insured by the insurer for claims and demands arising out of the title insurance business, and shall be held and considered specially pledged as security for the title claims and demands; provided, that the insurer may change its deposits at any time and from time to time by depositing other securities of the kinds and descriptions in this section authorized to be deposited; and provided further, that the deposit, or change in deposit, shall be subject to the approval of the commissioner.
Acts 1955, ch. 173, § 11; T.C.A., § 56-3416.
Tenn. Code Ann. § 56-7-2916 — TN Code / Title 56 / Chapter 7 / Section 56-7-2916
[Repealed effective 6/30/2025] Repealer
Status: repealed

This part shall be repealed on June 30, 2025. Amended by 2020 Tenn. Acts, ch. 583, s 1, eff. 3/19/2020. Amended by 2015 Tenn. Acts, ch. 185, s 10, eff. 4/22/2015. Acts 2006, ch. 867, § 3; 2010 , ch. 872, § 1.
This part shall be repealed on June 30, 2025.
Amended by 2020 Tenn. Acts, ch. 583, s 1, eff. 3/19/2020.
Amended by 2015 Tenn. Acts, ch. 185, s 10, eff. 4/22/2015.
Acts 2006, ch. 867, § 3; 2010 , ch. 872, § 1.
Tenn. Code Ann. § 56-25-604 — TN Code / Title 56 / Chapter 25 / Section 56-25-604
Examination of societies
Status: in_force

(a) The commissioner, or any person the commissioner may appoint, shall examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies. (b) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the commissioner. Acts 1990, ch. 703, § 1.
(a) The commissioner, or any person the commissioner may appoint, shall examine any domestic, foreign or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.
(b) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the commissioner.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-1-401 — TN Code / Title 56 / Chapter 1 / Section 56-1-401
Examination of companies by commissioner before granting of certificate to do business
Status: in_force

Before granting certificates of authority to an insurance company to issue policies or make contracts of insurance, the commissioner shall be satisfied, by such examination and evidence as the commissioner sees fit to make and require, that the company is duly qualified under the laws of the state to transact business in the state. Acts 1895, ch. 160, § 4; Shan., § 3277; Code 1932, § 6091; T.C.A. (orig. ed.), § 56-113.
Before granting certificates of authority to an insurance company to issue policies or make contracts of insurance, the commissioner shall be satisfied, by such examination and evidence as the commissioner sees fit to make and require, that the company is duly qualified under the laws of the state to transact business in the state.
Acts 1895, ch. 160, § 4; Shan., § 3277; Code 1932, § 6091; T.C.A. (orig. ed.), § 56-113.
Tenn. Code Ann. § 56-29-113 — TN Code / Title 56 / Chapter 29 / Section 56-29-113
Annual statement - Contents - Filing fee
Status: in_force

Every service corporation shall annually, on or before March 1, file in the office of the department a statement of its operation for the calendar year and showing financial condition as of December 31 then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00). Acts 1949, ch. 234, § 9; C. Supp. 1950, § 4186.51 (Williams, § 4186.54); impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 298, § 8; T.C.A. (orig. ed.), § 56-3113.
Every service corporation shall annually, on or before March 1, file in the office of the department a statement of its operation for the calendar year and showing financial condition as of December 31 then next preceding, in such form and content as the commissioner prescribes, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00).
Acts 1949, ch. 234, § 9; C. Supp. 1950, § 4186.51 (Williams, § 4186.54); impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 298, § 8; T.C.A. (orig. ed.), § 56-3113.
Tenn. Code Ann. § 56-9-312 — TN Code / Title 56 / Chapter 9 / Section 56-9-312
Notice of liquidation order - Response by agents of insurer - Penalty for failure to respond
Status: in_force

(a) (1) Every person who receives notice in the form prescribed in § 56-9-311 that an insurer that the person represents as an agent is the subject of a liquidation order shall, within thirty (30) days of the notice, provide to the liquidator, in addition to the information the person may be required to provide pursuant to § 56-9-106 , the information in the agent's records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to the general agent, including the name and address of the subagent. (2) A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in the agent's possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another. (b) Any agent failing to provide information to the liquidator as required in subsection (a) may be subject to payment of a penalty of not more than one thousand dollars ($1,000) and may have the agent's licenses suspended, the penalty to be imposed after a hearing held by the commissioner. Acts 1991, ch. 142, § 4.
(a) (1) Every person who receives notice in the form prescribed in § 56-9-311 that an insurer that the person represents as an agent is the subject of a liquidation order shall, within thirty (30) days of the notice, provide to the liquidator, in addition to the information the person may be required to provide pursuant to § 56-9-106 , the information in the agent's records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to the general agent, including the name and address of the subagent. (2) A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in the agent's possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.
(1) Every person who receives notice in the form prescribed in § 56-9-311 that an insurer that the person represents as an agent is the subject of a liquidation order shall, within thirty (30) days of the notice, provide to the liquidator, in addition to the information the person may be required to provide pursuant to § 56-9-106 , the information in the agent's records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to the general agent, including the name and address of the subagent.
(2) A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in the agent's possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.
(b) Any agent failing to provide information to the liquidator as required in subsection (a) may be subject to payment of a penalty of not more than one thousand dollars ($1,000) and may have the agent's licenses suspended, the penalty to be imposed after a hearing held by the commissioner.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-46-212 — TN Code / Title 56 / Chapter 46 / Section 56-46-212
When notices by commissioner that may result in regulatory action are effective
Status: in_force

All notices by the commissioner to a health organization that may result in regulatory action under this part shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the health organization's receipt of notice. Acts 2014, ch. 559, § 7.
All notices by the commissioner to a health organization that may result in regulatory action under this part shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the health organization's receipt of notice.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-22-114 — TN Code / Title 56 / Chapter 22 / Section 56-22-114
Premium taxes - Additional taxes for writing fire coverage
Status: in_force

(a) All county mutual insurance companies shall pay a premium tax in accordance with chapter 4, part 2 of this title. (b) In addition to the premium taxes levied on county mutual insurance companies under subsection (a), any county mutual insurance company writing fire insurance and lines of business having fire coverages as a part of the risk rate shall pay additional taxes as found in § 56-4-208 for the purpose of executing the fire marshal law. For the purposes of this subsection (b), the following portions of the amounts required to be reported by line of business in the annual statement required by § 56-22-109 shall be considered premiums for insurance covering the peril of fire: (1) Fire lines, one hundred percent (100%); (2) Farmowners and homeowners multiple peril, fifty-five percent (55%); and (3) Combined coverages, including fire, extended coverages, vandalism, malicious mischief and theft, sixty percent (60%). (c) Payments for those premium taxes levied on county mutual insurance companies under subsection (a) shall be paid on a quarterly basis, with payments being due on or before June 1 for the first quarter of the calendar year, September 1 for the second quarter, December 1 for the third quarter and March 1 for the fourth quarter of the previous calendar year. (d) Should any county mutual insurance company fail or neglect to properly make the returns and payments required under this section, the county mutual insurance company shall be subject to the interest and penalties found in § 56-4-216 . Acts 2006, ch. 689, §§3, 17; 2007 , ch. 344, § 1.
(a) All county mutual insurance companies shall pay a premium tax in accordance with chapter 4, part 2 of this title.
(b) In addition to the premium taxes levied on county mutual insurance companies under subsection (a), any county mutual insurance company writing fire insurance and lines of business having fire coverages as a part of the risk rate shall pay additional taxes as found in § 56-4-208 for the purpose of executing the fire marshal law. For the purposes of this subsection (b), the following portions of the amounts required to be reported by line of business in the annual statement required by § 56-22-109 shall be considered premiums for insurance covering the peril of fire: (1) Fire lines, one hundred percent (100%); (2) Farmowners and homeowners multiple peril, fifty-five percent (55%); and (3) Combined coverages, including fire, extended coverages, vandalism, malicious mischief and theft, sixty percent (60%).
(1) Fire lines, one hundred percent (100%);
(2) Farmowners and homeowners multiple peril, fifty-five percent (55%); and
(3) Combined coverages, including fire, extended coverages, vandalism, malicious mischief and theft, sixty percent (60%).
(c) Payments for those premium taxes levied on county mutual insurance companies under subsection (a) shall be paid on a quarterly basis, with payments being due on or before June 1 for the first quarter of the calendar year, September 1 for the second quarter, December 1 for the third quarter and March 1 for the fourth quarter of the previous calendar year.
(d) Should any county mutual insurance company fail or neglect to properly make the returns and payments required under this section, the county mutual insurance company shall be subject to the interest and penalties found in § 56-4-216 .
Acts 2006, ch. 689, §§3, 17; 2007 , ch. 344, § 1.
Tenn. Code Ann. § 56-11-109 — TN Code / Title 56 / Chapter 11 / Section 56-11-109
Promulgation of rules and regulations
Status: in_force

The commissioner may promulgate rules, regulations and orders necessary to carry out this part. Amended by 2014 Tenn. Acts, ch. 583,s 17, eff. 3/28/2014. Acts 1986, ch. 572, § 9; T.C.A. § 56-11-209 .
The commissioner may promulgate rules, regulations and orders necessary to carry out this part.
Amended by 2014 Tenn. Acts, ch. 583,s 17, eff. 3/28/2014.
Acts 1986, ch. 572, § 9; T.C.A. § 56-11-209 .
Tenn. Code Ann. § 56-21-119 — TN Code / Title 56 / Chapter 21 / Section 56-21-119
Lien on insured property for premiums and other policy obligations
Status: in_force

Every company operating under this chapter shall have a lien upon the property insured to secure the payment of all regular premiums, contingent premiums and other policy obligations due the company. Acts 1907, ch. 461, § 5; Shan., § 3369a18; Acts 1921, ch. 160, § 5; Code 1932, § 6269; T.C.A. (orig. ed.), § 56-2021.
Every company operating under this chapter shall have a lien upon the property insured to secure the payment of all regular premiums, contingent premiums and other policy obligations due the company.
Acts 1907, ch. 461, § 5; Shan., § 3369a18; Acts 1921, ch. 160, § 5; Code 1932, § 6269; T.C.A. (orig. ed.), § 56-2021.
Tenn. Code Ann. § 56-15-114 — TN Code / Title 56 / Chapter 15 / Section 56-15-114
Forfeiture of license for nonpayment of judgment
Status: in_force

If the company neglects or refuses to pay any final judgment or decree rendered against it upon the recognizance, stipulation, bond or undertaking made or guaranteed by it under this chapter, from which no appeal, writ of error or supersedeas has been taken for thirty (30) days after the rendition of the judgment or decree, it shall forfeit all right to do business in this state. Acts 1895, ch. 175, § 6; Shan., § 2219; mod. Code 1932, § 3951; T.C.A. (orig. ed.), § 56-1414.
If the company neglects or refuses to pay any final judgment or decree rendered against it upon the recognizance, stipulation, bond or undertaking made or guaranteed by it under this chapter, from which no appeal, writ of error or supersedeas has been taken for thirty (30) days after the rendition of the judgment or decree, it shall forfeit all right to do business in this state.
Acts 1895, ch. 175, § 6; Shan., § 2219; mod. Code 1932, § 3951; T.C.A. (orig. ed.), § 56-1414.
Tenn. Code Ann. § 56-25-204 — TN Code / Title 56 / Chapter 25 / Section 56-25-204
Waiver of laws
Status: in_force

The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the laws of the society. The provision shall be binding on the society and every member and beneficiary of a member. Acts 1990, ch. 703, § 1.
The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the laws of the society. The provision shall be binding on the society and every member and beneficiary of a member.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-4-402 — TN Code / Title 56 / Chapter 4 / Section 56-4-402
Nature of tax - Exemption from other taxes
Status: in_force

(a) The business declared to be taxable in this part is for state purposes only and taxable by the state alone and no county or municipality may impose any taxes upon the business, except ad valorem taxes upon real estate and tangible personal property owned by the production credit association. (b) The tax shall be in lieu of, and in substitution for, any and all other taxes levied against or on the association, except ad valorem taxes upon real estate and tangible personal property owned by the association. (c) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6. Acts 1951, ch. 45, §§ 4, 5 (Williams, §§ 1248.182, 1248.183); T.C.A. (orig. ed.), §§ 67-4503, 67-4507, 67-4-1302; Acts 2005, ch. 499, § 24.
(a) The business declared to be taxable in this part is for state purposes only and taxable by the state alone and no county or municipality may impose any taxes upon the business, except ad valorem taxes upon real estate and tangible personal property owned by the production credit association.
(b) The tax shall be in lieu of, and in substitution for, any and all other taxes levied against or on the association, except ad valorem taxes upon real estate and tangible personal property owned by the association.
(c) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6.
Acts 1951, ch. 45, §§ 4, 5 (Williams, §§ 1248.182, 1248.183); T.C.A. (orig. ed.), §§ 67-4503, 67-4507, 67-4-1302; Acts 2005, ch. 499, § 24.
Tenn. Code Ann. § 56-6-1008 — TN Code / Title 56 / Chapter 6 / Section 56-6-1008
Investigations by commissioner
Status: in_force

The commissioner may make investigations necessary for the proper administration of this part. For the purpose of making investigations, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath. Acts 2009, ch. 476, § 9.
The commissioner may make investigations necessary for the proper administration of this part. For the purpose of making investigations, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath.
Acts 2009, ch. 476, § 9.
Tenn. Code Ann. § 56-30-111 — TN Code / Title 56 / Chapter 30 / Section 56-30-111
Applications for licenses - Accompanying documents - Filing fee
Status: in_force

Applications for the licenses shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for a license shall be accompanied by copies of the following documents: (1) (A) A certified copy of its charter or certificate of incorporation; or (B) A copy of its bylaws certified by the secretary and the president of the corporation; (2) Proposed contract between the corporation and the participating dentists showing the terms under which dental care services are to be furnished to subscribers; (3) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled; (4) A statement of the county or counties in which the corporation proposes to operate dental service plans; (5) A statement of its financial condition and business in the form and detail the commissioner may require, including amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contributions, signed and sworn to by the president and secretary, and shall pay for filing of the statement the sum of twenty-five dollars ($25.00); (6) A copy of its proposed prospectus and advertising material to be used in solicitation of contracts; and (7) Proof satisfactory to the commissioner that, in the county or counties in which the corporation proposes to operate, at least fifty-one percent (51%) of the resident dentists in the county or counties have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner or, in the alternative, that at least twenty-five percent (25%) of the dentists duly licensed to practice in this state under title 63, chapter 5, have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner. Acts 1961, ch. 340, § 10; 1965, ch. 309, § 2; T.C.A., § 56-3511; Acts 1989, ch. 152, § 3.
Applications for the licenses shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for a license shall be accompanied by copies of the following documents:
(1) (A) A certified copy of its charter or certificate of incorporation; or (B) A copy of its bylaws certified by the secretary and the president of the corporation;
(A) A certified copy of its charter or certificate of incorporation; or
(B) A copy of its bylaws certified by the secretary and the president of the corporation;
(2) Proposed contract between the corporation and the participating dentists showing the terms under which dental care services are to be furnished to subscribers;
(3) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled;
(4) A statement of the county or counties in which the corporation proposes to operate dental service plans;
(5) A statement of its financial condition and business in the form and detail the commissioner may require, including amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contributions, signed and sworn to by the president and secretary, and shall pay for filing of the statement the sum of twenty-five dollars ($25.00);
(6) A copy of its proposed prospectus and advertising material to be used in solicitation of contracts; and
(7) Proof satisfactory to the commissioner that, in the county or counties in which the corporation proposes to operate, at least fifty-one percent (51%) of the resident dentists in the county or counties have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner or, in the alternative, that at least twenty-five percent (25%) of the dentists duly licensed to practice in this state under title 63, chapter 5, have agreed to become participating dentists of the corporation immediately upon the issuance of a license to it by the commissioner.
Acts 1961, ch. 340, § 10; 1965, ch. 309, § 2; T.C.A., § 56-3511; Acts 1989, ch. 152, § 3.
Tenn. Code Ann. § 56-27-111 — TN Code / Title 56 / Chapter 27 / Section 56-27-111
Application for license - Form - Accompanying documents - Filing fee
Status: in_force

Application for the license shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for the license shall be accompanied by copies of the following documents: (1) A certified copy of its charter or certificate of incorporation; (2) A copy of its bylaws, certified by the lawful custodian of the original; (3) Proposed contract between the corporation and the participating physicians showing terms under which medical service is to be furnished to subscribers; (4) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled, showing benefits expressed in service rather than in dollars; however, with equitable arrangements to protect the interests of subscribers when it becomes impossible for the services to be provided. The contracts should make clear that the responsibility for service to subscribers rests with the corporation, and not with the participating physicians; (5) A statement of the county or counties in which it proposes to operate medical service plans; (6) A statement of its financial condition and business in such form and detail as the commissioner may require, including the amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contribution, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of thirty dollars ($30.00). Contributions not paid, but agreed to be paid, may be reported as a separate item, but shall not be admitted as assets of the corporation; (7) A copy of its proposed prospectus and advertising material to be used in the solicitation of contracts; and (8) Proof satisfactory to the commissioner that in the county or counties in which the corporation proposes to operate, fifty-one percent (51%) or more of the resident doctors of medicine have agreed to render the medical services for which the corporation agrees to pay. Acts 1945, ch. 113, § 7; C. Supp. 1950, § 4186.24; T.C.A. (orig. ed.), § 56-2911.
Application for the license shall be made on forms approved by the commissioner, containing information the commissioner deems necessary. Every application for the license shall be accompanied by copies of the following documents:
(1) A certified copy of its charter or certificate of incorporation;
(2) A copy of its bylaws, certified by the lawful custodian of the original;
(3) Proposed contract between the corporation and the participating physicians showing terms under which medical service is to be furnished to subscribers;
(4) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled, showing benefits expressed in service rather than in dollars; however, with equitable arrangements to protect the interests of subscribers when it becomes impossible for the services to be provided. The contracts should make clear that the responsibility for service to subscribers rests with the corporation, and not with the participating physicians;
(5) A statement of the county or counties in which it proposes to operate medical service plans;
(6) A statement of its financial condition and business in such form and detail as the commissioner may require, including the amounts of contributions paid for working capital and the name or names of each contributor, and the terms of the contribution, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of thirty dollars ($30.00). Contributions not paid, but agreed to be paid, may be reported as a separate item, but shall not be admitted as assets of the corporation;
(7) A copy of its proposed prospectus and advertising material to be used in the solicitation of contracts; and
(8) Proof satisfactory to the commissioner that in the county or counties in which the corporation proposes to operate, fifty-one percent (51%) or more of the resident doctors of medicine have agreed to render the medical services for which the corporation agrees to pay.
Acts 1945, ch. 113, § 7; C. Supp. 1950, § 4186.24; T.C.A. (orig. ed.), § 56-2911.
Tenn. Code Ann. § 56-7-2907 — TN Code / Title 56 / Chapter 7 / Section 56-7-2907
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Audit
Status: in_force

The commissioner and the comptroller of the treasury have the authority to review and audit the expenditure of funds made under this part. Nothing in this section shall limit the authority of the commissioner to ensure that program expenditures are maintained within legislative appropriations. Acts 2006, ch. 867, §§ 3, 14.
The commissioner and the comptroller of the treasury have the authority to review and audit the expenditure of funds made under this part. Nothing in this section shall limit the authority of the commissioner to ensure that program expenditures are maintained within legislative appropriations.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-7-201 — TN Code / Title 56 / Chapter 7 / Section 56-7-201
Life insurance payable to surviving spouse and children - Effect of proceeds being payable to estate
Status: in_force

On the death of an insured, any life insurance acquired by the insured or the insured's spouse and payable to the intestate insured's estate benefits the surviving spouse and children and the proceeds shall be divided between them according to the statutes of distribution without being in any manner subject to the debts of the decedent. If the proceeds of the insurance are payable to the estate of a testate decedent or the trustee of a revocable trust of which the decedent was a settlor, the proceeds shall pass as part of the estate or trust and under the dispositive provisions of the will or trust agreement, as ordinary cash, whether or not the will or trust agreement uses any apt or express words referring to the insurance proceeds, but the proceeds shall not be subject to the debts of the decedent unless specifically charged with the debts in the will or trust agreement. Code 1858, § 2478 (deriv. Acts 1845-1846, ch. 216, § 3); Shan., § 4231; Code 1932, § 8456; Acts 1969, ch. 233, § 1; 1972, ch. 845, § 1; 1976, ch. 668, § 1; T.C.A. (orig. ed.), § 56-1108; Acts 2007, ch. 8, § 13.
On the death of an insured, any life insurance acquired by the insured or the insured's spouse and payable to the intestate insured's estate benefits the surviving spouse and children and the proceeds shall be divided between them according to the statutes of distribution without being in any manner subject to the debts of the decedent. If the proceeds of the insurance are payable to the estate of a testate decedent or the trustee of a revocable trust of which the decedent was a settlor, the proceeds shall pass as part of the estate or trust and under the dispositive provisions of the will or trust agreement, as ordinary cash, whether or not the will or trust agreement uses any apt or express words referring to the insurance proceeds, but the proceeds shall not be subject to the debts of the decedent unless specifically charged with the debts in the will or trust agreement.
Code 1858, § 2478 (deriv. Acts 1845-1846, ch. 216, § 3); Shan., § 4231; Code 1932, § 8456; Acts 1969, ch. 233, § 1; 1972, ch. 845, § 1; 1976, ch. 668, § 1; T.C.A. (orig. ed.), § 56-1108; Acts 2007, ch. 8, § 13.
Tenn. Code Ann. § 56-7-108 — TN Code / Title 56 / Chapter 7 / Section 56-7-108
Mortality tables
Status: in_force

Notwithstanding any other law, the mortality tables adopted by the National Association of Insurance Commissioners (NAIC) for life insurance contracts may be used by insurers to determine adjusted premiums, present values and reserve values, within any limitations of application as specified by NAIC. Mortality tables adopted by NAIC may be used by insurers pursuant to this section beginning on or after January 1 of the year following adoption by NAIC, unless the commissioner rejects the table by issuing a bulletin posted on the department's web site and mailed to all domestic companies holding a certificate of authority to write life insurance in the state. A mortality table rejected by the commissioner may be subsequently adopted or modified by the commissioner pursuant to a rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2007, ch. 339, § 1.
Notwithstanding any other law, the mortality tables adopted by the National Association of Insurance Commissioners (NAIC) for life insurance contracts may be used by insurers to determine adjusted premiums, present values and reserve values, within any limitations of application as specified by NAIC. Mortality tables adopted by NAIC may be used by insurers pursuant to this section beginning on or after January 1 of the year following adoption by NAIC, unless the commissioner rejects the table by issuing a bulletin posted on the department's web site and mailed to all domestic companies holding a certificate of authority to write life insurance in the state. A mortality table rejected by the commissioner may be subsequently adopted or modified by the commissioner pursuant to a rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 339, § 1.
Tenn. Code Ann. § 56-54-107 — TN Code / Title 56 / Chapter 54 / Section 56-54-107
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 8.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 8.
Tenn. Code Ann. § 56-19-120 — TN Code / Title 56 / Chapter 19 / Section 56-19-120
Reinsurance - Restrictions
Status: in_force

Any such company organized or admitted to transact insurance in this state may reinsure any part or all of any risk or risks, in any insurance company or insurer licensed in this state; provided, that no such reinsurance shall be effected with any company or insurer not licensed in this state that has been disapproved by written order of the commissioner filed in the commissioner's office. Acts 1919, ch. 108, § 20; Shan. Supp., § 3369a58b27; Code 1932, § 6339; Acts 1949, ch. 146, § 1; C. Supp. 1950, § 6339; T.C.A. (orig. ed.), § 56-1720.
Any such company organized or admitted to transact insurance in this state may reinsure any part or all of any risk or risks, in any insurance company or insurer licensed in this state; provided, that no such reinsurance shall be effected with any company or insurer not licensed in this state that has been disapproved by written order of the commissioner filed in the commissioner's office.
Acts 1919, ch. 108, § 20; Shan. Supp., § 3369a58b27; Code 1932, § 6339; Acts 1949, ch. 146, § 1; C. Supp. 1950, § 6339; T.C.A. (orig. ed.), § 56-1720.
Tenn. Code Ann. § 56-7-1005 — TN Code / Title 56 / Chapter 7 / Section 56-7-1005
State mandated health benefits - Applicability
Status: in_force

Notwithstanding any other law to the contrary, a state mandated health benefit, as defined in § 3-2-111 , that takes effect after March 24, 2016, shall apply not only to private health insurance issuers, as defined in § 3-2-111 , but also any state or local insurance program, under title 8, chapter 27, and any managed care organization contracting with the state to provide insurance through the TennCare program. Added by 2016 Tenn. Acts, ch. 683,s 1, eff. 7/1/2015.
Notwithstanding any other law to the contrary, a state mandated health benefit, as defined in § 3-2-111 , that takes effect after March 24, 2016, shall apply not only to private health insurance issuers, as defined in § 3-2-111 , but also any state or local insurance program, under title 8, chapter 27, and any managed care organization contracting with the state to provide insurance through the TennCare program.
Added by 2016 Tenn. Acts, ch. 683,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 56-49-102 — TN Code / Title 56 / Chapter 49 / Section 56-49-102
Applicability - Enforcement
Status: in_force

(a) This chapter applies to an insurer or agent transacting creditor-placed insurance as defined in this chapter. (b) All creditor-placed insurance written in connection with credit transactions for personal, family or household purposes is subject to this chapter, except: (1) Transactions involving extensions of credit primarily for business or commercial purposes; (2) Insurance on collateralized real property; (3) Insurance offered by the creditor and elected by the debtor at the debtor's option; (4) Insurance for which no specific charge is made to the debtor or the debtor's account; or (5) Blanket insurance, whether paid for by the debtor or the creditor. (c) Nothing in this chapter shall be construed to create or imply a private cause of action for violation of this chapter, and the commissioner shall have authority to bring administrative or judicial proceedings to enforce this chapter. Acts 1999, ch. 144, § 2.
(a) This chapter applies to an insurer or agent transacting creditor-placed insurance as defined in this chapter.
(b) All creditor-placed insurance written in connection with credit transactions for personal, family or household purposes is subject to this chapter, except: (1) Transactions involving extensions of credit primarily for business or commercial purposes; (2) Insurance on collateralized real property; (3) Insurance offered by the creditor and elected by the debtor at the debtor's option; (4) Insurance for which no specific charge is made to the debtor or the debtor's account; or (5) Blanket insurance, whether paid for by the debtor or the creditor.
(1) Transactions involving extensions of credit primarily for business or commercial purposes;
(2) Insurance on collateralized real property;
(3) Insurance offered by the creditor and elected by the debtor at the debtor's option;
(4) Insurance for which no specific charge is made to the debtor or the debtor's account; or
(5) Blanket insurance, whether paid for by the debtor or the creditor.
(c) Nothing in this chapter shall be construed to create or imply a private cause of action for violation of this chapter, and the commissioner shall have authority to bring administrative or judicial proceedings to enforce this chapter.
Acts 1999, ch. 144, § 2.
Tenn. Code Ann. § 56-7-206 — TN Code / Title 56 / Chapter 7 / Section 56-7-206
Life insurance - Proof of death for small policies
Status: in_force

In the case of any life insurance policy with a value of fifteen thousand dollars ($15,000) or less, proof of death may be furnished by submission of a photocopy of the certificate of death, accompanied by a sworn statement by the doctor who signed the certificate or the funeral director who conducted burial services that the certificate is authentic. Amended by 2016 Tenn. Acts, ch. 804,s 1, eff. 4/14/2016. Acts 1976, ch. 586, § 1; T.C.A., § 56-1172; Acts 1991, ch. 137, § 1.
In the case of any life insurance policy with a value of fifteen thousand dollars ($15,000) or less, proof of death may be furnished by submission of a photocopy of the certificate of death, accompanied by a sworn statement by the doctor who signed the certificate or the funeral director who conducted burial services that the certificate is authentic.
Amended by 2016 Tenn. Acts, ch. 804,s 1, eff. 4/14/2016.
Acts 1976, ch. 586, § 1; T.C.A., § 56-1172; Acts 1991, ch. 137, § 1.
Tenn. Code Ann. § 56-21-116 — TN Code / Title 56 / Chapter 21 / Section 56-21-116
Regular and contingent premiums - Additional assessments
Status: in_force

(a) All companies operating under this chapter and not maintaining a nine hundred fifty thousand dollar ($950,000) guaranty capital or more and a full legal reinsurance reserve, exclusive of all other liabilities, shall charge one (1) full regular annual or term premium for each policy issued and collect the same at the times and under the conditions as the insurance contract provides for; and the insured or policyholders shall be liable for a contingent premium equal to and in addition to the regular premium if needed by the company for the purpose of paying its losses and other liabilities. If any such company desires, it may make provisions in its insurance contract for assessments in addition to the one (1) contingent premium, which is herein made mandatory. (b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969. Acts 1907, ch. 461, § 5; Shan., § 3369a14; Acts 1921, ch. 160, § 5; Code 1932, § 6265; Acts 1969, ch. 218, §§ 5, 6; T.C.A. (orig. ed.), § 56-2018.
(a) All companies operating under this chapter and not maintaining a nine hundred fifty thousand dollar ($950,000) guaranty capital or more and a full legal reinsurance reserve, exclusive of all other liabilities, shall charge one (1) full regular annual or term premium for each policy issued and collect the same at the times and under the conditions as the insurance contract provides for; and the insured or policyholders shall be liable for a contingent premium equal to and in addition to the regular premium if needed by the company for the purpose of paying its losses and other liabilities. If any such company desires, it may make provisions in its insurance contract for assessments in addition to the one (1) contingent premium, which is herein made mandatory.
(b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969.
Acts 1907, ch. 461, § 5; Shan., § 3369a14; Acts 1921, ch. 160, § 5; Code 1932, § 6265; Acts 1969, ch. 218, §§ 5, 6; T.C.A. (orig. ed.), § 56-2018.
Tenn. Code Ann. § 56-42-108 — TN Code / Title 56 / Chapter 42 / Section 56-42-108
Nonforfeiture benefits
Status: in_force

(a) Except as provided in subsection (b), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates. (b) When a group long-term care insurance policy is issued, the offer required in subsection (a) shall be made to the group policyholder; however, if the policy is issued as group long-term care insurance as defined in § 56-42-103(4)(D) , including a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder. (c) The commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (a). Acts 2008, ch. 1058, § 11.
(a) Except as provided in subsection (b), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.
(b) When a group long-term care insurance policy is issued, the offer required in subsection (a) shall be made to the group policyholder; however, if the policy is issued as group long-term care insurance as defined in § 56-42-103(4)(D) , including a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder.
(c) The commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (a).
Acts 2008, ch. 1058, § 11.
Tenn. Code Ann. § 56-7-1205 — TN Code / Title 56 / Chapter 7 / Section 56-7-1205
Minimum policy limits not increased
Status: in_force

Nothing contained in this part shall be construed as requiring the forms of coverage provided pursuant to this part, whether alone or in combination with similar coverage afforded under other automobile liability policies, to afford limits in excess of those that would be afforded had the insured under the policies been involved in an accident with a motorist who was insured under a policy of liability insurance with the minimum limits described in § 55-12-107 , or the uninsured motorist liability limits of the insured's policy if the limits are higher than the limits described in § 55-12-107 . The forms of coverage may include terms, exclusions, limitations, conditions, and offsets that are designed to avoid duplication of insurance and other benefits. Acts 1967, ch. 371, § 5; 1974, ch. 697, § 2; T.C.A., § 56-1152.
Nothing contained in this part shall be construed as requiring the forms of coverage provided pursuant to this part, whether alone or in combination with similar coverage afforded under other automobile liability policies, to afford limits in excess of those that would be afforded had the insured under the policies been involved in an accident with a motorist who was insured under a policy of liability insurance with the minimum limits described in § 55-12-107 , or the uninsured motorist liability limits of the insured's policy if the limits are higher than the limits described in § 55-12-107 . The forms of coverage may include terms, exclusions, limitations, conditions, and offsets that are designed to avoid duplication of insurance and other benefits.
Acts 1967, ch. 371, § 5; 1974, ch. 697, § 2; T.C.A., § 56-1152.
Tenn. Code Ann. § 56-1-108 — TN Code / Title 56 / Chapter 1 / Section 56-1-108
Study of impediments to insurance for use of justifiable force
Status: in_force

(a) The commissioner shall conduct a study of Tennessee's insurance laws to determine what impediments, if any, exist under the insurance laws or policies of this state that may be acting as deterrents for insurance companies in this state to underwrite policies of insurance to insure a person who has used force that is justified, including deadly force, in protecting such person's self or property pursuant to §§ 39-11-611 and 39-11-612 , commonly referred to as the castle doctrine, or any other law. (b) The commissioner shall report to the general assembly and to the governor the results of the study required by subsection (a) no later than March 1, 2012, with recommendations on whether such insurance should, in the commissioner's opinion, become available to Tennessee residents. Acts 2011, ch. 429, § 1.
(a) The commissioner shall conduct a study of Tennessee's insurance laws to determine what impediments, if any, exist under the insurance laws or policies of this state that may be acting as deterrents for insurance companies in this state to underwrite policies of insurance to insure a person who has used force that is justified, including deadly force, in protecting such person's self or property pursuant to §§ 39-11-611 and 39-11-612 , commonly referred to as the castle doctrine, or any other law.
(b) The commissioner shall report to the general assembly and to the governor the results of the study required by subsection (a) no later than March 1, 2012, with recommendations on whether such insurance should, in the commissioner's opinion, become available to Tennessee residents.
Acts 2011, ch. 429, § 1.
Tenn. Code Ann. § 56-1-101 — TN Code / Title 56 / Chapter 1 / Section 56-1-101
Short title
Status: in_force

This title shall be known and may be cited as the "Tennessee Insurance Law." Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017. Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; T.C.A. (orig. ed.), § 56-101.
This title shall be known and may be cited as the "Tennessee Insurance Law."
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Acts 1895, ch. 160, § 1; Shan., § 3274; Code 1932, § 6084; T.C.A. (orig. ed.), § 56-101.
Tenn. Code Ann. § 56-18-107 — TN Code / Title 56 / Chapter 18 / Section 56-18-107
Voting false proxy - Penalty
Status: in_force

An officer, employee or agent of the corporation who asks for, receives, procures to be obtained or uses a proxy vote in violation of § 56-18-106 shall be punished by a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300), and any proxy vote so obtained shall be null and void. Acts 1949, ch. 91, § 12; C. Supp. 1950, § 6433.24 (Williams, § 6433.28); T.C.A. (orig. ed.), § 56-1608.
An officer, employee or agent of the corporation who asks for, receives, procures to be obtained or uses a proxy vote in violation of § 56-18-106 shall be punished by a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300), and any proxy vote so obtained shall be null and void.
Acts 1949, ch. 91, § 12; C. Supp. 1950, § 6433.24 (Williams, § 6433.28); T.C.A. (orig. ed.), § 56-1608.
Tenn. Code Ann. § 56-49-113 — TN Code / Title 56 / Chapter 49 / Section 56-49-113
Disclosure of insurance requirement
Status: in_force

(a) A creditor shall not impose charges, including premium costs and related interest and finance charges, on a debtor for creditor-placed insurance coverage unless adequate disclosure of the requirement to maintain insurance has been made to the debtor. Adequate disclosure is accomplished if the following occurs: (1) The credit agreement sets forth the requirement that the debtor must maintain insurance on the collateral as provided for in § 56-49-111 ; (2) The creditor makes reasonable efforts to notify the debtor of the requirement to maintain insurance and allows a reasonable time for compliance with this requirement; (3) A final notice as required by this chapter is sent to the debtor; and (4) If creditor-placed insurance coverage is issued, a copy of the policy or certificate is sent to the debtor as provided for in § 56-49-107 . (b) After adequate disclosure of the request to maintain insurance has been made to the debtor as required by this section, a creditor may proceed to impose charges for creditor-placed insurance if the debtor fails to provide evidence of insurance. A creditor may impose charges no earlier than ten (10) calendar days after sending the final notice. (c) Reasonable efforts to notify the debtor are accomplished if: (1) The creditor mails a notice by first class mail to the debtor's last known address as contained in the creditor's records, stating that the creditor intends to charge the debtor for creditor-placed insurance coverage on the collateral if the debtor fails to provide evidence of the property insurance to the creditor; (2) The creditor allows the debtor at least twenty (20) calendar days to respond to the notice and provide evidence of acceptable insurance coverage before sending a final notice; and (3) The creditor sends a final notice in compliance with this section by first class mail to the debtor's last known address as contained in the creditor's records at least ten (10) calendar days before the cost of insurance is charged to the debtor by the creditor. Proof of the mailing of the final notice shall be retained for at least three (3) years following the expiration or termination of the coverage or as otherwise required by law. (d) The initial notice shall be in a form determined by the creditor to remind the debtor of the requirement to maintain insurance on the collateral. The final notice shall be as complete as the following notice, printed in not less than twelve (12) point type, and modified where necessary to fit the nature of the credit transaction: FINAL NOTICE Your credit agreement with us requires you to have property insurance on the collateral until you pay off your loan. You have not given us proof you have insurance on the property. You can ask your insurance company or agent to give us proof of insurance or you can send us proof you have property insurance within ten (10) calendar days after the date this letter was postmarked. If you do not, we will buy the insurance and charge the cost to you. You must pay for the property insurance we buy. It may cost more than insurance you can buy on your own. The cost of the insurance we buy may be added to your loan balance and we may charge you interest on it. If we do, you will pay interest at the same rate you pay on your loan. The insurance we buy will pay claims to us (the creditor) for physical damage to your property. It will not pay any claims made against you (and it may not pay you for any claims you make [delete if limited dual interest coverage]). The insurance we buy will not give you any liability insurance coverage and will not meet the requirements of a state's financial responsibility law. We may receive compensation for placing this insurance, which is included in the cost of coverage charged to you. The property coverage we buy will start on the date shown in the policy or certificate, which may go back to the date of the loan or the date your prior coverage stopped. We will cancel the insurance we bought for you and give you a refund or credit of unearned charges if you give us proof you have bought property insurance somewhere else or if you have paid off the loan. (e) All creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. Not earlier than the sending of the final notice nor fifteen (15) days after a charge is made to the debtor for creditor-placed insurance coverage, the creditor shall cause a copy of the individual policy, certificate or other evidence of insurance coverage evidencing the creditor- placed insurance coverage to be sent, first class mail, to the debtor's last known address. (f) A creditor's compliance with or failure to comply with this chapter shall not be construed to require the creditor to purchase insurance coverage on the collateral, and the creditor shall not be liable to the debtor or a third party as a result of its failure to purchase the insurance. Acts 1999, ch. 144, § 13.
(a) A creditor shall not impose charges, including premium costs and related interest and finance charges, on a debtor for creditor-placed insurance coverage unless adequate disclosure of the requirement to maintain insurance has been made to the debtor. Adequate disclosure is accomplished if the following occurs: (1) The credit agreement sets forth the requirement that the debtor must maintain insurance on the collateral as provided for in § 56-49-111 ; (2) The creditor makes reasonable efforts to notify the debtor of the requirement to maintain insurance and allows a reasonable time for compliance with this requirement; (3) A final notice as required by this chapter is sent to the debtor; and (4) If creditor-placed insurance coverage is issued, a copy of the policy or certificate is sent to the debtor as provided for in § 56-49-107 .
(1) The credit agreement sets forth the requirement that the debtor must maintain insurance on the collateral as provided for in § 56-49-111 ;
(2) The creditor makes reasonable efforts to notify the debtor of the requirement to maintain insurance and allows a reasonable time for compliance with this requirement;
(3) A final notice as required by this chapter is sent to the debtor; and
(4) If creditor-placed insurance coverage is issued, a copy of the policy or certificate is sent to the debtor as provided for in § 56-49-107 .
(b) After adequate disclosure of the request to maintain insurance has been made to the debtor as required by this section, a creditor may proceed to impose charges for creditor-placed insurance if the debtor fails to provide evidence of insurance. A creditor may impose charges no earlier than ten (10) calendar days after sending the final notice.
(c) Reasonable efforts to notify the debtor are accomplished if: (1) The creditor mails a notice by first class mail to the debtor's last known address as contained in the creditor's records, stating that the creditor intends to charge the debtor for creditor-placed insurance coverage on the collateral if the debtor fails to provide evidence of the property insurance to the creditor; (2) The creditor allows the debtor at least twenty (20) calendar days to respond to the notice and provide evidence of acceptable insurance coverage before sending a final notice; and (3) The creditor sends a final notice in compliance with this section by first class mail to the debtor's last known address as contained in the creditor's records at least ten (10) calendar days before the cost of insurance is charged to the debtor by the creditor. Proof of the mailing of the final notice shall be retained for at least three (3) years following the expiration or termination of the coverage or as otherwise required by law.
(1) The creditor mails a notice by first class mail to the debtor's last known address as contained in the creditor's records, stating that the creditor intends to charge the debtor for creditor-placed insurance coverage on the collateral if the debtor fails to provide evidence of the property insurance to the creditor;
(2) The creditor allows the debtor at least twenty (20) calendar days to respond to the notice and provide evidence of acceptable insurance coverage before sending a final notice; and
(3) The creditor sends a final notice in compliance with this section by first class mail to the debtor's last known address as contained in the creditor's records at least ten (10) calendar days before the cost of insurance is charged to the debtor by the creditor. Proof of the mailing of the final notice shall be retained for at least three (3) years following the expiration or termination of the coverage or as otherwise required by law.
(d) The initial notice shall be in a form determined by the creditor to remind the debtor of the requirement to maintain insurance on the collateral. The final notice shall be as complete as the following notice, printed in not less than twelve (12) point type, and modified where necessary to fit the nature of the credit transaction: FINAL NOTICE Your credit agreement with us requires you to have property insurance on the collateral until you pay off your loan. You have not given us proof you have insurance on the property. You can ask your insurance company or agent to give us proof of insurance or you can send us proof you have property insurance within ten (10) calendar days after the date this letter was postmarked. If you do not, we will buy the insurance and charge the cost to you. You must pay for the property insurance we buy. It may cost more than insurance you can buy on your own. The cost of the insurance we buy may be added to your loan balance and we may charge you interest on it. If we do, you will pay interest at the same rate you pay on your loan. The insurance we buy will pay claims to us (the creditor) for physical damage to your property. It will not pay any claims made against you (and it may not pay you for any claims you make [delete if limited dual interest coverage]). The insurance we buy will not give you any liability insurance coverage and will not meet the requirements of a state's financial responsibility law. We may receive compensation for placing this insurance, which is included in the cost of coverage charged to you. The property coverage we buy will start on the date shown in the policy or certificate, which may go back to the date of the loan or the date your prior coverage stopped. We will cancel the insurance we bought for you and give you a refund or credit of unearned charges if you give us proof you have bought property insurance somewhere else or if you have paid off the loan.
FINAL NOTICE
Your credit agreement with us requires you to have property insurance on the collateral until you pay off your loan. You have not given us proof you have insurance on the property. You can ask your insurance company or agent to give us proof of insurance or you can send us proof you have property insurance within ten (10) calendar days after the date this letter was postmarked. If you do not, we will buy the insurance and charge the cost to you.
You must pay for the property insurance we buy. It may cost more than insurance you can buy on your own. The cost of the insurance we buy may be added to your loan balance and we may charge you interest on it. If we do, you will pay interest at the same rate you pay on your loan.
The insurance we buy will pay claims to us (the creditor) for physical damage to your property. It will not pay any claims made against you (and it may not pay you for any claims you make [delete if limited dual interest coverage]). The insurance we buy will not give you any liability insurance coverage and will not meet the requirements of a state's financial responsibility law.
We may receive compensation for placing this insurance, which is included in the cost of coverage charged to you.
The property coverage we buy will start on the date shown in the policy or certificate, which may go back to the date of the loan or the date your prior coverage stopped. We will cancel the insurance we bought for you and give you a refund or credit of unearned charges if you give us proof you have bought property insurance somewhere else or if you have paid off the loan.
(e) All creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. Not earlier than the sending of the final notice nor fifteen (15) days after a charge is made to the debtor for creditor-placed insurance coverage, the creditor shall cause a copy of the individual policy, certificate or other evidence of insurance coverage evidencing the creditor- placed insurance coverage to be sent, first class mail, to the debtor's last known address.
(f) A creditor's compliance with or failure to comply with this chapter shall not be construed to require the creditor to purchase insurance coverage on the collateral, and the creditor shall not be liable to the debtor or a third party as a result of its failure to purchase the insurance.
Acts 1999, ch. 144, § 13.
Tenn. Code Ann. § 56-28-116 — TN Code / Title 56 / Chapter 28 / Section 56-28-116
Renewal of licenses - Certificates of authority for agents
Status: in_force

All licenses authorizing hospital service corporations to transact business in this state shall be renewable on April 1 of each year. A service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting hospital service contracts for the medical service corporation in this state, and the certificate shall be renewable January 1 of each year. Acts 1945, ch. 98, § 14; C. Supp. 1950, § 4186.14; T.C.A. (orig. ed.), § 56-3016.
All licenses authorizing hospital service corporations to transact business in this state shall be renewable on April 1 of each year. A service corporation licensed to do business in this state under this chapter shall obtain from the commissioner a certificate of authority for every agent writing or soliciting hospital service contracts for the medical service corporation in this state, and the certificate shall be renewable January 1 of each year.
Acts 1945, ch. 98, § 14; C. Supp. 1950, § 4186.14; T.C.A. (orig. ed.), § 56-3016.
Tenn. Code Ann. § 56-55-114 — TN Code / Title 56 / Chapter 55 / Section 56-55-114
Application - Effective date
Status: in_force

This chapter applies to all vehicle protection products sold or offered for sale on or after July 1, 2006. The failure of any person to comply with this chapter prior to July 1, 2006, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. Acts 2005, ch. 244, § 15.
This chapter applies to all vehicle protection products sold or offered for sale on or after July 1, 2006. The failure of any person to comply with this chapter prior to July 1, 2006, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper.
Acts 2005, ch. 244, § 15.
Tenn. Code Ann. § 56-35-126 — TN Code / Title 56 / Chapter 35 / Section 56-35-126
Conflicting laws - Application
Status: in_force

Title insurance companies and title insurance business shall be governed, regulated and controlled by this chapter to the exclusion of all other laws applicable to insurance companies or insurance business, to the extent that such other laws are in conflict with this chapter. Acts 1955, ch. 173, § 17; T.C.A., § 56-3426.
Title insurance companies and title insurance business shall be governed, regulated and controlled by this chapter to the exclusion of all other laws applicable to insurance companies or insurance business, to the extent that such other laws are in conflict with this chapter.
Acts 1955, ch. 173, § 17; T.C.A., § 56-3426.
Tenn. Code Ann. § 56-46-201 — TN Code / Title 56 / Chapter 46 / Section 56-46-201
Part definitions
Status: in_force

As used in this part, these terms have the following meanings: (1) "Adjusted RBC report" means an RBC report which has been adjusted by the commissioner in accordance with § 56-46-202(d) ; (2) "Corrective order" means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required; (3) "Domestic health organization" means a health organization domiciled in this state; (4) "Foreign health organization" means a health organization that is licensed to do business in this state under chapters 27, 28, 30, 31, 32 and 51 of this title but is not domiciled in this state; (5) (A) "Health organization" means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization licensed pursuant to chapters 27, 28, 30, 31, 32 and 51 of this title; (B) "Health organization" does not include an organization that is licensed as either a life and health insurer or a property and casualty insurer under this title and that is otherwise subject to either the life or property and casualty RBC requirements; (6) "NAIC" means the National Association of Insurance Commissioners; (7) "RBC instructions" means the RBC report including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC; (8) "RBC level" means a health organization's Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC where: (A) "Company Action Level RBC" means, with respect to any health organization, the product of 2.0 and its Authorized Control Level RBC; (B) "Regulatory Action Level RBC" means the product of 1.5 and its Authorized Control Level RBC; (C) "Authorized Control Level RBC" means the number determined under the risk-based capital formula in accordance with the RBC Instructions; and (D) "Mandatory Control Level RBC" means the product of 0.70 and the Authorized Control Level RBC; (9) (A) "RBC plan" means a comprehensive financial plan containing the elements specified in § 56-46-203(b) ; (B) If the commissioner rejects the RBC plan, and it is revised by the health organization, with or without the commissioner's recommendation, the plan shall be called the "revised RBC plan"; (10) "RBC report" means the report required in § 56-46-202 ; (11) "Total adjusted capital" means the sum of: (A) A health organization's statutory capital and surplus, also known as net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under § 56-27-117 for medical service plans, § 56-28-111 for hospital service corporations, § 56-30-117 for dental service plans, § 56-31-116 for vision service plans, § 56-32-108 for health maintenance organizations, and § 56-51-134 for prepaid limited health services organizations; and (B) Such other items, if any, as the RBC instructions may provide. Acts 2014, ch. 559, § 7.
As used in this part, these terms have the following meanings:
(1) "Adjusted RBC report" means an RBC report which has been adjusted by the commissioner in accordance with § 56-46-202(d) ;
(2) "Corrective order" means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required;
(3) "Domestic health organization" means a health organization domiciled in this state;
(4) "Foreign health organization" means a health organization that is licensed to do business in this state under chapters 27, 28, 30, 31, 32 and 51 of this title but is not domiciled in this state;
(5) (A) "Health organization" means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization licensed pursuant to chapters 27, 28, 30, 31, 32 and 51 of this title; (B) "Health organization" does not include an organization that is licensed as either a life and health insurer or a property and casualty insurer under this title and that is otherwise subject to either the life or property and casualty RBC requirements;
(A) "Health organization" means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization licensed pursuant to chapters 27, 28, 30, 31, 32 and 51 of this title;
(B) "Health organization" does not include an organization that is licensed as either a life and health insurer or a property and casualty insurer under this title and that is otherwise subject to either the life or property and casualty RBC requirements;
(6) "NAIC" means the National Association of Insurance Commissioners;
(7) "RBC instructions" means the RBC report including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC;
(8) "RBC level" means a health organization's Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC where: (A) "Company Action Level RBC" means, with respect to any health organization, the product of 2.0 and its Authorized Control Level RBC; (B) "Regulatory Action Level RBC" means the product of 1.5 and its Authorized Control Level RBC; (C) "Authorized Control Level RBC" means the number determined under the risk-based capital formula in accordance with the RBC Instructions; and (D) "Mandatory Control Level RBC" means the product of 0.70 and the Authorized Control Level RBC;
(A) "Company Action Level RBC" means, with respect to any health organization, the product of 2.0 and its Authorized Control Level RBC;
(B) "Regulatory Action Level RBC" means the product of 1.5 and its Authorized Control Level RBC;
(C) "Authorized Control Level RBC" means the number determined under the risk-based capital formula in accordance with the RBC Instructions; and
(D) "Mandatory Control Level RBC" means the product of 0.70 and the Authorized Control Level RBC;
(9) (A) "RBC plan" means a comprehensive financial plan containing the elements specified in § 56-46-203(b) ; (B) If the commissioner rejects the RBC plan, and it is revised by the health organization, with or without the commissioner's recommendation, the plan shall be called the "revised RBC plan";
(A) "RBC plan" means a comprehensive financial plan containing the elements specified in § 56-46-203(b) ;
(B) If the commissioner rejects the RBC plan, and it is revised by the health organization, with or without the commissioner's recommendation, the plan shall be called the "revised RBC plan";
(10) "RBC report" means the report required in § 56-46-202 ;
(11) "Total adjusted capital" means the sum of: (A) A health organization's statutory capital and surplus, also known as net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under § 56-27-117 for medical service plans, § 56-28-111 for hospital service corporations, § 56-30-117 for dental service plans, § 56-31-116 for vision service plans, § 56-32-108 for health maintenance organizations, and § 56-51-134 for prepaid limited health services organizations; and (B) Such other items, if any, as the RBC instructions may provide.
(A) A health organization's statutory capital and surplus, also known as net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under § 56-27-117 for medical service plans, § 56-28-111 for hospital service corporations, § 56-30-117 for dental service plans, § 56-31-116 for vision service plans, § 56-32-108 for health maintenance organizations, and § 56-51-134 for prepaid limited health services organizations; and
(B) Such other items, if any, as the RBC instructions may provide.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-7-1606 — TN Code / Title 56 / Chapter 7 / Section 56-7-1606
Issuance of policy form after filing
Status: in_force

Nothing in this part shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified. Acts 1981, ch. 415, § 7.
Nothing in this part shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.
Acts 1981, ch. 415, § 7.
Tenn. Code Ann. § 56-6-918 — TN Code / Title 56 / Chapter 6 / Section 56-6-918
Report to the commissioner of administrative action or prosecution brought against adjuster
Status: in_force

(a) A public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents. (b) Within thirty (30) days of arraignment or other formal presentment of charges and entry of plea, a public adjuster shall report to the commissioner any prosecution of the public adjuster for a felony taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents necessary to explain the charges brought against the public adjuster. Acts 2006, ch. 997, § 19.
(a) A public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
(b) Within thirty (30) days of arraignment or other formal presentment of charges and entry of plea, a public adjuster shall report to the commissioner any prosecution of the public adjuster for a felony taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents necessary to explain the charges brought against the public adjuster.
Acts 2006, ch. 997, § 19.
Tenn. Code Ann. § 56-30-132 — TN Code / Title 56 / Chapter 30 / Section 56-30-132
Nonapplicability of the Consumer Health Care Advocacy Act
Status: in_force

Acts 1998, ch. 1033 shall not apply to dental service plans licensed under this chapter. Acts 1998, ch. 1033, § 12.
Acts 1998, ch. 1033 shall not apply to dental service plans licensed under this chapter.
Acts 1998, ch. 1033, § 12.
Tenn. Code Ann. § 56-13-409 — TN Code / Title 56 / Chapter 13 / Section 56-13-409
Protected cell not a separate legal person - Naming of protected cell - Contacting - Creditors - Use of assets - Security interests - Administrative and accounting procedures - Contracts and documentation - Annual statements - Insolvency
Status: in_force

(a) (1) The creation of a protected cell shall not create, with respect to that protected cell, a legal person separate from the SPFC. (2) Notwithstanding subdivision (a)(1), a protected cell shall have its own distinct name or designation that includes the words "protected cell". The SPFC shall transfer all assets attributable to the protected cell to one (1) or more separately established and identified protected cell accounts bearing the name or designation of that protected cell. (3) Although a protected cell is not a separate legal person, the property of an SPFC in a protected cell is subject to orders of a court by name as the property would have been if the protected cell were a separate legal person. (4) The property of an SPFC in a protected cell shall be served in its own name with process in all civil actions or proceedings involving or relating to the activities of that protected cell or a breach by the SPFC of a duty to the protected cell or to a counterparty to a transaction linked or attributed to it by serving the SPFC. (5) A protected cell exists only at the pleasure of the SPFC. At the cessation of business of a protected cell in accordance with the plan approved by the commissioner, the SPFC shall close out the protected cell account. (b) Nothing in this section shall be construed to prohibit an SPFC from contracting with, or arranging for, an investment advisor, commodity trading advisor, or other third party to manage the assets of a protected cell, if all remuneration, expenses, and other compensation of the third party advisor or manager are payable from the assets of that protected cell and not from the assets of other protected cells or the assets of the SPFC's general account, unless approved by the commissioner. (c) Creditors with respect to a protected cell are not entitled to have recourse against the protected cell assets of other protected cells or the assets of the SPFC's general account. If an obligation of an SPFC relates only to the general account, the obligation of the SPFC extends only to that creditor, with respect to that obligation, and the creditor is entitled to have recourse only to the assets of the SPFC's general account. (d) The assets of the protected cell shall not be used to pay expenses or claims other than those attributable to the protected cell. Protected cell assets are available only to the SPFC contract counterparty and other creditors of the SPFC that are creditors only with respect to that protected cell and, accordingly, are entitled, in conformity with this part, to have recourse to the protected cell assets attributable to that protected cell. The assets of the protected cell are protected from the creditors of the SPFC that are not creditors with respect to that protected cell and who, accordingly, are not entitled to have recourse to the protected cell assets attributable to that protected cell. If an obligation of an SPFC to a person or counterparty arises from an SPFC contract or related insurance securitization transaction, or is otherwise incurred, with respect to a protected cell, then the obligation shall: (1) Extend only to the protected cell assets attributable to that protected cell, and the person or counterparty, with respect to that obligation, is entitled to have recourse only to the protected cell assets attributable to that protected cell; and (2) Not extend to the protected cell assets of another protected cell or the assets of the SPFC's general account, and the person or counterparty, with respect to that obligation, is not entitled to have recourse to the protected cell assets of another protected cell or the assets of the SPFC's general account. The SPFC's capitalization held separate and apart from the capitalization of its protected cell or cells must be available at all times to pay expenses of or claims against the SPFC and may not be used to pay expenses or claims attributable to any protected cell. (e) Notwithstanding any other provision of law, an SPFC may allow for a security interest in accordance with applicable law to attach to protected cell assets or a protected cell account when in favor of a creditor of the protected cell or to facilitate an insurance securitization, including, without limitation, the issuance of the SPFC contract, to the extent those protected cell assets are not required at all times to support the risk, but without otherwise affecting the discharge of liabilities under the SPFC contract, or as otherwise approved by the commissioner. (f) An SPFC shall establish administrative and accounting procedures necessary to properly identify the one (1) or more protected cells of the SPFC and the protected cell assets and protected cell liabilities to each protected cell. An SPFC shall keep protected cell assets and protected cell liabilities: (1) Separate and separately identifiable from the assets and liabilities of the SPFC's general account; and (2) Attributable to one (1) protected cell separate and separately identifiable from protected cell assets and protected cell liabilities attributable to other protected cells. (g) All contracts or other documentation reflecting protected cell liabilities shall clearly indicate that only the protected cell assets are available for the satisfaction of those protected cell liabilities. In all SPFC insurance securitizations involving a protected cell, the contracts or other documentation effecting the transaction shall contain provisions identifying the protected cell to which the transaction is attributed. In addition, the contracts or other documentation shall clearly disclose that the assets of that protected cell, and only those assets, are available to pay the obligations of that protected cell. Notwithstanding this subsection (g), and subject to this part and other applicable law or regulations, the failure to include this language in the contracts or other documentation shall not be used as the sole basis by creditors, insureds or reinsureds, insurers or reinsurers, or other claimants to circumvent this section. (h) An SPFC with protected cells shall annually file with the department accounting statements and financial reports required by this part, which, at least, shall: (1) Detail the financial experience of each protected cell and the SPFC separately; and (2) Provide the combined financial experience of the SPFC and all protected cells. (i) An SPFC with protected cells shall notify the commissioner in writing within ten (10) business days of a protected cell becoming insolvent. Acts 2011, ch. 468, § 1.
(a) (1) The creation of a protected cell shall not create, with respect to that protected cell, a legal person separate from the SPFC. (2) Notwithstanding subdivision (a)(1), a protected cell shall have its own distinct name or designation that includes the words "protected cell". The SPFC shall transfer all assets attributable to the protected cell to one (1) or more separately established and identified protected cell accounts bearing the name or designation of that protected cell. (3) Although a protected cell is not a separate legal person, the property of an SPFC in a protected cell is subject to orders of a court by name as the property would have been if the protected cell were a separate legal person. (4) The property of an SPFC in a protected cell shall be served in its own name with process in all civil actions or proceedings involving or relating to the activities of that protected cell or a breach by the SPFC of a duty to the protected cell or to a counterparty to a transaction linked or attributed to it by serving the SPFC. (5) A protected cell exists only at the pleasure of the SPFC. At the cessation of business of a protected cell in accordance with the plan approved by the commissioner, the SPFC shall close out the protected cell account.
(1) The creation of a protected cell shall not create, with respect to that protected cell, a legal person separate from the SPFC.
(2) Notwithstanding subdivision (a)(1), a protected cell shall have its own distinct name or designation that includes the words "protected cell". The SPFC shall transfer all assets attributable to the protected cell to one (1) or more separately established and identified protected cell accounts bearing the name or designation of that protected cell.
(3) Although a protected cell is not a separate legal person, the property of an SPFC in a protected cell is subject to orders of a court by name as the property would have been if the protected cell were a separate legal person.
(4) The property of an SPFC in a protected cell shall be served in its own name with process in all civil actions or proceedings involving or relating to the activities of that protected cell or a breach by the SPFC of a duty to the protected cell or to a counterparty to a transaction linked or attributed to it by serving the SPFC.
(5) A protected cell exists only at the pleasure of the SPFC. At the cessation of business of a protected cell in accordance with the plan approved by the commissioner, the SPFC shall close out the protected cell account.
(b) Nothing in this section shall be construed to prohibit an SPFC from contracting with, or arranging for, an investment advisor, commodity trading advisor, or other third party to manage the assets of a protected cell, if all remuneration, expenses, and other compensation of the third party advisor or manager are payable from the assets of that protected cell and not from the assets of other protected cells or the assets of the SPFC's general account, unless approved by the commissioner.
(c) Creditors with respect to a protected cell are not entitled to have recourse against the protected cell assets of other protected cells or the assets of the SPFC's general account. If an obligation of an SPFC relates only to the general account, the obligation of the SPFC extends only to that creditor, with respect to that obligation, and the creditor is entitled to have recourse only to the assets of the SPFC's general account.
(d) The assets of the protected cell shall not be used to pay expenses or claims other than those attributable to the protected cell. Protected cell assets are available only to the SPFC contract counterparty and other creditors of the SPFC that are creditors only with respect to that protected cell and, accordingly, are entitled, in conformity with this part, to have recourse to the protected cell assets attributable to that protected cell. The assets of the protected cell are protected from the creditors of the SPFC that are not creditors with respect to that protected cell and who, accordingly, are not entitled to have recourse to the protected cell assets attributable to that protected cell. If an obligation of an SPFC to a person or counterparty arises from an SPFC contract or related insurance securitization transaction, or is otherwise incurred, with respect to a protected cell, then the obligation shall: (1) Extend only to the protected cell assets attributable to that protected cell, and the person or counterparty, with respect to that obligation, is entitled to have recourse only to the protected cell assets attributable to that protected cell; and (2) Not extend to the protected cell assets of another protected cell or the assets of the SPFC's general account, and the person or counterparty, with respect to that obligation, is not entitled to have recourse to the protected cell assets of another protected cell or the assets of the SPFC's general account. The SPFC's capitalization held separate and apart from the capitalization of its protected cell or cells must be available at all times to pay expenses of or claims against the SPFC and may not be used to pay expenses or claims attributable to any protected cell.
(1) Extend only to the protected cell assets attributable to that protected cell, and the person or counterparty, with respect to that obligation, is entitled to have recourse only to the protected cell assets attributable to that protected cell; and
(2) Not extend to the protected cell assets of another protected cell or the assets of the SPFC's general account, and the person or counterparty, with respect to that obligation, is not entitled to have recourse to the protected cell assets of another protected cell or the assets of the SPFC's general account. The SPFC's capitalization held separate and apart from the capitalization of its protected cell or cells must be available at all times to pay expenses of or claims against the SPFC and may not be used to pay expenses or claims attributable to any protected cell.
(e) Notwithstanding any other provision of law, an SPFC may allow for a security interest in accordance with applicable law to attach to protected cell assets or a protected cell account when in favor of a creditor of the protected cell or to facilitate an insurance securitization, including, without limitation, the issuance of the SPFC contract, to the extent those protected cell assets are not required at all times to support the risk, but without otherwise affecting the discharge of liabilities under the SPFC contract, or as otherwise approved by the commissioner.
(f) An SPFC shall establish administrative and accounting procedures necessary to properly identify the one (1) or more protected cells of the SPFC and the protected cell assets and protected cell liabilities to each protected cell. An SPFC shall keep protected cell assets and protected cell liabilities: (1) Separate and separately identifiable from the assets and liabilities of the SPFC's general account; and (2) Attributable to one (1) protected cell separate and separately identifiable from protected cell assets and protected cell liabilities attributable to other protected cells.
(1) Separate and separately identifiable from the assets and liabilities of the SPFC's general account; and
(2) Attributable to one (1) protected cell separate and separately identifiable from protected cell assets and protected cell liabilities attributable to other protected cells.
(g) All contracts or other documentation reflecting protected cell liabilities shall clearly indicate that only the protected cell assets are available for the satisfaction of those protected cell liabilities. In all SPFC insurance securitizations involving a protected cell, the contracts or other documentation effecting the transaction shall contain provisions identifying the protected cell to which the transaction is attributed. In addition, the contracts or other documentation shall clearly disclose that the assets of that protected cell, and only those assets, are available to pay the obligations of that protected cell. Notwithstanding this subsection (g), and subject to this part and other applicable law or regulations, the failure to include this language in the contracts or other documentation shall not be used as the sole basis by creditors, insureds or reinsureds, insurers or reinsurers, or other claimants to circumvent this section.
(h) An SPFC with protected cells shall annually file with the department accounting statements and financial reports required by this part, which, at least, shall: (1) Detail the financial experience of each protected cell and the SPFC separately; and (2) Provide the combined financial experience of the SPFC and all protected cells.
(1) Detail the financial experience of each protected cell and the SPFC separately; and
(2) Provide the combined financial experience of the SPFC and all protected cells.
(i) An SPFC with protected cells shall notify the commissioner in writing within ten (10) business days of a protected cell becoming insolvent.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-26-112 — TN Code / Title 56 / Chapter 26 / Section 56-26-112
Third-party ownership
Status: in_force

"Insured," as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for, and owning a policy covering the insured, or from being entitled under such a policy to any indemnities, benefits and rights provided in the policy. Acts 1955, ch. 4, § 4; T.C.A., § 56-3312.
"Insured," as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for, and owning a policy covering the insured, or from being entitled under such a policy to any indemnities, benefits and rights provided in the policy.
Acts 1955, ch. 4, § 4; T.C.A., § 56-3312.
Tenn. Code Ann. § 56-13-414 — TN Code / Title 56 / Chapter 13 / Section 56-13-414
Preservation and administration of assets - Disclosures - Restrictions on investments
Status: in_force

(a) The assets of an SPFC shall be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the reinsurance contract, the insurance securitization, and other related agreements. (b) In the insurance securitization, the security offering memorandum or other document issued to prospective investors regarding the offer and sale of a surplus note or other security shall include a disclosure that all or part of the proceeds of such insurance securitization will be used to fund the SPFC's obligations to the ceding insurer. (c) No SPFC shall be subject to any restriction on investments other than the following: (1) The commissioner may limit investments by an SPFC to those categories and amounts of authorized investments delineated in chapter 3, parts 3 or 4 of this title, as applicable and as amended from time to time; (2) No SPFC shall make a loan to any person other than as permitted under its plan of operation or as otherwise approved in advance by the commissioner; and (3) The commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the SPFC unless the investment is otherwise approved in its plan of operation or in an order issued to the SPFC pursuant to § 56-13-404 , as either is amended from time to time. Acts 2011, ch. 468, § 1.
(a) The assets of an SPFC shall be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the reinsurance contract, the insurance securitization, and other related agreements.
(b) In the insurance securitization, the security offering memorandum or other document issued to prospective investors regarding the offer and sale of a surplus note or other security shall include a disclosure that all or part of the proceeds of such insurance securitization will be used to fund the SPFC's obligations to the ceding insurer.
(c) No SPFC shall be subject to any restriction on investments other than the following: (1) The commissioner may limit investments by an SPFC to those categories and amounts of authorized investments delineated in chapter 3, parts 3 or 4 of this title, as applicable and as amended from time to time; (2) No SPFC shall make a loan to any person other than as permitted under its plan of operation or as otherwise approved in advance by the commissioner; and (3) The commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the SPFC unless the investment is otherwise approved in its plan of operation or in an order issued to the SPFC pursuant to § 56-13-404 , as either is amended from time to time.
(1) The commissioner may limit investments by an SPFC to those categories and amounts of authorized investments delineated in chapter 3, parts 3 or 4 of this title, as applicable and as amended from time to time;
(2) No SPFC shall make a loan to any person other than as permitted under its plan of operation or as otherwise approved in advance by the commissioner; and
(3) The commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the SPFC unless the investment is otherwise approved in its plan of operation or in an order issued to the SPFC pursuant to § 56-13-404 , as either is amended from time to time.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-7-2366 — TN Code / Title 56 / Chapter 7 / Section 56-7-2366
Notice of termination of coverage for spouses and former spouses
Status: in_force

(a) Every insured or policy holder of a group policy of accident and sickness insurance offered for sale in this state, that provides coverage for hospital or medical expenses that also provides coverage to the spouse of the insured, shall provide at least thirty (30) days' prior notice of the termination of coverage to the covered spouse as a result of a divorce, a legal separation, or other separation. The notice shall be written, filed with the court that is hearing the divorce or legal separation prior to or at the final hearing, and served upon the spouse as provided by Tennessee Rules of Civil Procedure. If no divorce, legal separation or similar legal proceeding is pending, then the notice shall be transmitted by certified mail, return receipt requested, to the last known address of the spouse. (b) (1) The notice shall advise the spouse who is to be terminated that, when the divorce is final, the spouse shall not be eligible for continued coverage under the policy. The notice shall also advise the spouse of the availability of the COBRA continuation provision and of the procedures for applying for COBRA coverage, including identifying who should be contacted to obtain coverage. The notice shall indicate that the spouse who is to be terminated will be without health insurance coverage from the insured's policy and that the spouse must obtain coverage under COBRA continuation, or a separate source of insurance, if the spouse wishes to retain health insurance coverage. (2) For the purposes of this subsection (b), "COBRA continuation provision" means any of the following: (A) Section 4980B of the Internal Revenue Code of 1986 ( 26 U.S.C. § 4980B ), other than subdivision (f)(1), insofar as it relates to pediatric vaccines; (B) The Employee Retirement Income Security Act (ERISA), Part 6 of Subtitle B of Title I ( 29 U.S.C. § 1161 et seq.), other than § 609 ( 29 U.S.C. § 1169 ); or (C) Title XXII of the Public Health Service Act ( 42 U.S.C. § 300bb-1 et seq.). (c) As an employer updates the plan summary, in the course of business, for any group policy of accident and sickness insurance that it may offer to its employees, the employer shall include a notice of the provisions of this section in the summary. (d) The attorney for the insured in any action for divorce shall advise the insured or policy holder of the obligation imposed by this section. (e) The administrative office of the courts shall develop a model notice to reflect this section. Acts 2006, ch. 764, § 1; 2008 , ch. 868, § 5.
(a) Every insured or policy holder of a group policy of accident and sickness insurance offered for sale in this state, that provides coverage for hospital or medical expenses that also provides coverage to the spouse of the insured, shall provide at least thirty (30) days' prior notice of the termination of coverage to the covered spouse as a result of a divorce, a legal separation, or other separation. The notice shall be written, filed with the court that is hearing the divorce or legal separation prior to or at the final hearing, and served upon the spouse as provided by Tennessee Rules of Civil Procedure. If no divorce, legal separation or similar legal proceeding is pending, then the notice shall be transmitted by certified mail, return receipt requested, to the last known address of the spouse.
(b) (1) The notice shall advise the spouse who is to be terminated that, when the divorce is final, the spouse shall not be eligible for continued coverage under the policy. The notice shall also advise the spouse of the availability of the COBRA continuation provision and of the procedures for applying for COBRA coverage, including identifying who should be contacted to obtain coverage. The notice shall indicate that the spouse who is to be terminated will be without health insurance coverage from the insured's policy and that the spouse must obtain coverage under COBRA continuation, or a separate source of insurance, if the spouse wishes to retain health insurance coverage. (2) For the purposes of this subsection (b), "COBRA continuation provision" means any of the following: (A) Section 4980B of the Internal Revenue Code of 1986 ( 26 U.S.C. § 4980B ), other than subdivision (f)(1), insofar as it relates to pediatric vaccines; (B) The Employee Retirement Income Security Act (ERISA), Part 6 of Subtitle B of Title I ( 29 U.S.C. § 1161 et seq.), other than § 609 ( 29 U.S.C. § 1169 ); or (C) Title XXII of the Public Health Service Act ( 42 U.S.C. § 300bb-1 et seq.).
(1) The notice shall advise the spouse who is to be terminated that, when the divorce is final, the spouse shall not be eligible for continued coverage under the policy. The notice shall also advise the spouse of the availability of the COBRA continuation provision and of the procedures for applying for COBRA coverage, including identifying who should be contacted to obtain coverage. The notice shall indicate that the spouse who is to be terminated will be without health insurance coverage from the insured's policy and that the spouse must obtain coverage under COBRA continuation, or a separate source of insurance, if the spouse wishes to retain health insurance coverage.
(2) For the purposes of this subsection (b), "COBRA continuation provision" means any of the following: (A) Section 4980B of the Internal Revenue Code of 1986 ( 26 U.S.C. § 4980B ), other than subdivision (f)(1), insofar as it relates to pediatric vaccines; (B) The Employee Retirement Income Security Act (ERISA), Part 6 of Subtitle B of Title I ( 29 U.S.C. § 1161 et seq.), other than § 609 ( 29 U.S.C. § 1169 ); or (C) Title XXII of the Public Health Service Act ( 42 U.S.C. § 300bb-1 et seq.).
(A) Section 4980B of the Internal Revenue Code of 1986 ( 26 U.S.C. § 4980B ), other than subdivision (f)(1), insofar as it relates to pediatric vaccines;
(B) The Employee Retirement Income Security Act (ERISA), Part 6 of Subtitle B of Title I ( 29 U.S.C. § 1161 et seq.), other than § 609 ( 29 U.S.C. § 1169 ); or
(C) Title XXII of the Public Health Service Act ( 42 U.S.C. § 300bb-1 et seq.).
(c) As an employer updates the plan summary, in the course of business, for any group policy of accident and sickness insurance that it may offer to its employees, the employer shall include a notice of the provisions of this section in the summary.
(d) The attorney for the insured in any action for divorce shall advise the insured or policy holder of the obligation imposed by this section.
(e) The administrative office of the courts shall develop a model notice to reflect this section.
Acts 2006, ch. 764, § 1; 2008 , ch. 868, § 5.
Tenn. Code Ann. § 56-6-1103 — TN Code / Title 56 / Chapter 6 / Section 56-6-1103
Availability of brochures or other written materials - Offer on periodic basis - Eligibility and underwriting standards
Status: in_force

(a) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer that: (1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage; (2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment; (4) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirements; and (5) State that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (b) Notwithstanding any law to the contrary, portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. (c) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. Acts 2011, ch. 312, § 4.
(a) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer that: (1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage; (2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment; (4) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirements; and (5) State that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage;
(2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
(3) Summarize the material terms of the insurance coverage, including: (A) The identity of the insurer; (B) The identity of the supervising entity; (C) The amount of any applicable deductible and how it is to be paid; (D) Benefits of the coverage; and (E) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(A) The identity of the insurer;
(B) The identity of the supervising entity;
(C) The amount of any applicable deductible and how it is to be paid;
(D) Benefits of the coverage; and
(E) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(4) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirements; and
(5) State that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(b) Notwithstanding any law to the contrary, portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(c) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
Acts 2011, ch. 312, § 4.
Tenn. Code Ann. § 56-19-112 — TN Code / Title 56 / Chapter 19 / Section 56-19-112
Voting rights of members
Status: in_force

Every member of the company shall be entitled to one (1) vote, or to a number of votes based upon the insurance in force, the number of policies held or the amount of premiums paid, as may be provided in the bylaws. Acts 1919, ch. 108, § 9; Shan. Supp., § 3369a58b15; Code 1932, § 6327; T.C.A. (orig. ed.), § 56-1712.
Every member of the company shall be entitled to one (1) vote, or to a number of votes based upon the insurance in force, the number of policies held or the amount of premiums paid, as may be provided in the bylaws.
Acts 1919, ch. 108, § 9; Shan. Supp., § 3369a58b15; Code 1932, § 6327; T.C.A. (orig. ed.), § 56-1712.
Tenn. Code Ann. § 56-16-113 — TN Code / Title 56 / Chapter 16 / Section 56-16-113
Reduction or omission of contingent assessment liability - Requirements - Revocation
Status: in_force

(a) The department may issue a certificate authorizing the reciprocal to reduce or extinguish the contingent assessment liability of subscribers under its policies then in force in this state, and to omit provisions imposing contingent assessment liability in all policies delivered or issued for delivery in this state for as long as the two million dollar ($2,000,000) surplus requirement of this chapter remains unimpaired. The certificate shall be issued if: (1) A reciprocal has surplus to policyholders of at least two million dollars ($2,000,000); and (2) An application of the attorney for extinguishment has been approved by the board of directors. (b) Upon impairment of the surplus to policyholders, the department shall revoke the certificate. After revocation, the reciprocal shall not issue or renew any policy without providing for the contingent assessment liability of subscribers. (c) The department shall not authorize a domestic reciprocal to extinguish the contingent assessment liability of any of its subscribers or in any of its policies to be issued, unless it has the required surplus to policyholders and extinguishes the contingent assessment liability of all of its subscribers and in all policies to be issued for all classes of insurance written by it. However, if required by the laws of another state in which the domestic reciprocal is transacting the business of insurance as a licensed insurer, it may issue policies providing for the contingent assessment liability of its subscribers acquiring policies in that state and need not extinguish the contingent assessment liability applicable to policies already in force in that state. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-213.
(a) The department may issue a certificate authorizing the reciprocal to reduce or extinguish the contingent assessment liability of subscribers under its policies then in force in this state, and to omit provisions imposing contingent assessment liability in all policies delivered or issued for delivery in this state for as long as the two million dollar ($2,000,000) surplus requirement of this chapter remains unimpaired. The certificate shall be issued if: (1) A reciprocal has surplus to policyholders of at least two million dollars ($2,000,000); and (2) An application of the attorney for extinguishment has been approved by the board of directors.
(1) A reciprocal has surplus to policyholders of at least two million dollars ($2,000,000); and
(2) An application of the attorney for extinguishment has been approved by the board of directors.
(b) Upon impairment of the surplus to policyholders, the department shall revoke the certificate. After revocation, the reciprocal shall not issue or renew any policy without providing for the contingent assessment liability of subscribers.
(c) The department shall not authorize a domestic reciprocal to extinguish the contingent assessment liability of any of its subscribers or in any of its policies to be issued, unless it has the required surplus to policyholders and extinguishes the contingent assessment liability of all of its subscribers and in all policies to be issued for all classes of insurance written by it. However, if required by the laws of another state in which the domestic reciprocal is transacting the business of insurance as a licensed insurer, it may issue policies providing for the contingent assessment liability of its subscribers acquiring policies in that state and need not extinguish the contingent assessment liability applicable to policies already in force in that state.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-213.
Tenn. Code Ann. § 56-1-412 — TN Code / Title 56 / Chapter 1 / Section 56-1-412
Failure to testify before commissioner - Obstruction of examination - Penalty
Status: in_force

Whoever, without justifiable cause, neglects, upon due summons, to appear and testify before the commissioner, the commissioner's deputy, or person appointed by the commissioner as provided, and whoever obstructs the commissioner, the commissioner's deputy or examiner in examining insurance companies commits a Class C misdemeanor. Acts 1895, ch. 160, § 35; Shan., § 3320; Code 1932, § 6149; T.C.A. (orig. ed.), § 56-124; Acts 1989, ch. 591, § 113.
Whoever, without justifiable cause, neglects, upon due summons, to appear and testify before the commissioner, the commissioner's deputy, or person appointed by the commissioner as provided, and whoever obstructs the commissioner, the commissioner's deputy or examiner in examining insurance companies commits a Class C misdemeanor.
Acts 1895, ch. 160, § 35; Shan., § 3320; Code 1932, § 6149; T.C.A. (orig. ed.), § 56-124; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 56-7-1004 — TN Code / Title 56 / Chapter 7 / Section 56-7-1004
Managed health insurer prohibited from contacting patient of physician's practice to change referral for services to another provider - Exceptions - Civil penalty - Applicability
Status: in_force

(a) A managed health insurance issuer, as defined by § 56-32-128(a) , that has contracted with a physician's practice to be a part of that health insurance plan's network of providers shall not directly contact or employ an agent to directly contact a patient of the physician's practice in an effort to change a referral for services to another provider, unless the following occurs: (1) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is given the opportunity to indicate a particular preference as to the provider of a requested service. In the event a managed health insurance issuer or its agent contacts the patient to suggest alternative providers, the patient shall be notified that the ordering provider indicated a particular preference; (2) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is notified if the patient elects a provider other than that requested by the ordering provider if the ordering provider indicated a particular preference; and (3) The patient is provided orally or electronically with a disclosure that the patient has a right to discuss the change of referral with the patient's ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers, before the appointment is changed. (b) Nothing in this section is intended to prohibit an insurer or the insurer's agent from contacting its enrollees in a health plan to inform the patient that a provider is not included in the patient's network and that there may be out-of-network costs incurred by using that provider. (c) The commissioner may assess a civil penalty for a violation of this section pursuant to § 56-2-305 . (d) This section shall not apply to: (1) TennCare or any successor program provided for in title 71, chapter 5; (2) CoverKids or any successor program provided for in the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; (3) Cover Tennessee or any successor program provided for in the Cover Tennessee Act of 2006, compiled in part 30 of this chapter [repealed]; (4) Access Tennessee or any successor program provided for in the Access Tennessee Act of 2006, compiled in part 29 of this chapter; or (5) A program for home-based and community-based services to eligible individuals served through a health care financing administration (HCFA) approved waiver. Added by 2015 Tenn. Acts, ch. 518,s 1, eff. 7/1/2015.
(a) A managed health insurance issuer, as defined by § 56-32-128(a) , that has contracted with a physician's practice to be a part of that health insurance plan's network of providers shall not directly contact or employ an agent to directly contact a patient of the physician's practice in an effort to change a referral for services to another provider, unless the following occurs: (1) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is given the opportunity to indicate a particular preference as to the provider of a requested service. In the event a managed health insurance issuer or its agent contacts the patient to suggest alternative providers, the patient shall be notified that the ordering provider indicated a particular preference; (2) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is notified if the patient elects a provider other than that requested by the ordering provider if the ordering provider indicated a particular preference; and (3) The patient is provided orally or electronically with a disclosure that the patient has a right to discuss the change of referral with the patient's ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers, before the appointment is changed.
(1) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is given the opportunity to indicate a particular preference as to the provider of a requested service. In the event a managed health insurance issuer or its agent contacts the patient to suggest alternative providers, the patient shall be notified that the ordering provider indicated a particular preference;
(2) The ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers is notified if the patient elects a provider other than that requested by the ordering provider if the ordering provider indicated a particular preference; and
(3) The patient is provided orally or electronically with a disclosure that the patient has a right to discuss the change of referral with the patient's ordering physician, the nurse practitioner under the physician's supervision, the physician assistant under the physician's supervision, or a representative of one (1) of the providers, before the appointment is changed.
(b) Nothing in this section is intended to prohibit an insurer or the insurer's agent from contacting its enrollees in a health plan to inform the patient that a provider is not included in the patient's network and that there may be out-of-network costs incurred by using that provider.
(c) The commissioner may assess a civil penalty for a violation of this section pursuant to § 56-2-305 .
(d) This section shall not apply to: (1) TennCare or any successor program provided for in title 71, chapter 5; (2) CoverKids or any successor program provided for in the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11; (3) Cover Tennessee or any successor program provided for in the Cover Tennessee Act of 2006, compiled in part 30 of this chapter [repealed]; (4) Access Tennessee or any successor program provided for in the Access Tennessee Act of 2006, compiled in part 29 of this chapter; or (5) A program for home-based and community-based services to eligible individuals served through a health care financing administration (HCFA) approved waiver.
(1) TennCare or any successor program provided for in title 71, chapter 5;
(2) CoverKids or any successor program provided for in the CoverKids Act of 2006, compiled in title 71, chapter 3, part 11;
(3) Cover Tennessee or any successor program provided for in the Cover Tennessee Act of 2006, compiled in part 30 of this chapter [repealed];
(4) Access Tennessee or any successor program provided for in the Access Tennessee Act of 2006, compiled in part 29 of this chapter; or
(5) A program for home-based and community-based services to eligible individuals served through a health care financing administration (HCFA) approved waiver.
Added by 2015 Tenn. Acts, ch. 518,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 56-4-208 — TN Code / Title 56 / Chapter 4 / Section 56-4-208
Additional payment for fire insurance
Status: in_force

(a) In addition to the premium taxes levied by § 56-4-205 , all companies writing fire insurance and lines of business having fire coverages as a part of the risk rate shall pay three fourths of one percent (0.75%) on that portion of the premium applicable to the fire risk for the purpose of executing the fire marshal law. (b) For the purpose of subsection (a), the following portions of the amounts required to be reported by line of business in the annual statement required by § 56-1-501 shall be considered premiums for insurance covering the peril of fire: (1) Fire lines, one hundred percent (100%); (2) Farmowners and homeowners multiple peril, fifty-five percent (55%); (3) Commercial multiple peril, fifty percent (50%); (4) Inland marine, twenty percent (20%); (5) Automobile physical damage, eight percent (8%); and (6) Aircraft physical damage, eight percent (8%). (c) This tax shall be paid at the same time and in the same manner as the tax levied upon insurance companies by § 56-4-205 . Acts 1945, ch. 3, § 3; mod. C. Supp. 1950, § 1248.43 (Williams, § 1248.171); Acts 1976, ch. 742, § 1; T.C.A. (orig. ed.), § 56-411.
(a) In addition to the premium taxes levied by § 56-4-205 , all companies writing fire insurance and lines of business having fire coverages as a part of the risk rate shall pay three fourths of one percent (0.75%) on that portion of the premium applicable to the fire risk for the purpose of executing the fire marshal law.
(b) For the purpose of subsection (a), the following portions of the amounts required to be reported by line of business in the annual statement required by § 56-1-501 shall be considered premiums for insurance covering the peril of fire: (1) Fire lines, one hundred percent (100%); (2) Farmowners and homeowners multiple peril, fifty-five percent (55%); (3) Commercial multiple peril, fifty percent (50%); (4) Inland marine, twenty percent (20%); (5) Automobile physical damage, eight percent (8%); and (6) Aircraft physical damage, eight percent (8%).
(1) Fire lines, one hundred percent (100%);
(2) Farmowners and homeowners multiple peril, fifty-five percent (55%);
(3) Commercial multiple peril, fifty percent (50%);
(4) Inland marine, twenty percent (20%);
(5) Automobile physical damage, eight percent (8%); and
(6) Aircraft physical damage, eight percent (8%).
(c) This tax shall be paid at the same time and in the same manner as the tax levied upon insurance companies by § 56-4-205 .
Acts 1945, ch. 3, § 3; mod. C. Supp. 1950, § 1248.43 (Williams, § 1248.171); Acts 1976, ch. 742, § 1; T.C.A. (orig. ed.), § 56-411.
Tenn. Code Ann. § 56-10-106 — TN Code / Title 56 / Chapter 10 / Section 56-10-106
Foreign corporations
Status: in_force

(a) If one (1) or more of the constituent corporations to a merger or consolidation is a foreign corporation, the merger or consolidation shall be carried out in the following manner: (1) Each domestic corporation shall comply with this chapter with respect to the merger or consolidation of domestic companies, and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized; and (2) If the surviving or new corporation is to be governed by the laws of any state other than this state, it shall comply with §§ 48-25-101 - 48-25-305 with respect to foreign corporations, if it is to transact business or to conduct affairs in this state, and in every case shall file with the secretary of state of this state: (A) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation that is a party to the merger or consolidation and in any proceeding for the enforcement of the rights of a dissenting shareholder of any such domestic corporation against the surviving or consolidated corporation, and an irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding; and (B) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under § 56-10-110 . (b) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, except insofar as the laws of the state governing the surviving or consolidated company provide otherwise. (c) In the case of an exchange of securities, if the acquiring corporation is a foreign corporation, then the corporation shall comply with the applicable provisions of the laws of the state under which it is organized. The foreign acquiring corporation shall also procure a certificate of authority to transact business and conduct affairs in Tennessee pursuant to §§ 48-25-101 - 48-25-305 and shall comply with all the law of this state relating to foreign corporations. The effect of the exchange of securities shall be as provided by this chapter, except insofar as the laws of the state under which the foreign acquiring corporation is organized provide otherwise. Acts 1968, ch. 448, § 2; T.C.A., § 56-3606.
(a) If one (1) or more of the constituent corporations to a merger or consolidation is a foreign corporation, the merger or consolidation shall be carried out in the following manner: (1) Each domestic corporation shall comply with this chapter with respect to the merger or consolidation of domestic companies, and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized; and (2) If the surviving or new corporation is to be governed by the laws of any state other than this state, it shall comply with §§ 48-25-101 - 48-25-305 with respect to foreign corporations, if it is to transact business or to conduct affairs in this state, and in every case shall file with the secretary of state of this state: (A) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation that is a party to the merger or consolidation and in any proceeding for the enforcement of the rights of a dissenting shareholder of any such domestic corporation against the surviving or consolidated corporation, and an irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding; and (B) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under § 56-10-110 .
(1) Each domestic corporation shall comply with this chapter with respect to the merger or consolidation of domestic companies, and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized; and
(2) If the surviving or new corporation is to be governed by the laws of any state other than this state, it shall comply with §§ 48-25-101 - 48-25-305 with respect to foreign corporations, if it is to transact business or to conduct affairs in this state, and in every case shall file with the secretary of state of this state: (A) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation that is a party to the merger or consolidation and in any proceeding for the enforcement of the rights of a dissenting shareholder of any such domestic corporation against the surviving or consolidated corporation, and an irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding; and (B) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under § 56-10-110 .
(A) An agreement that it may be served with process in this state in any proceeding for the enforcement of any obligation of any domestic corporation that is a party to the merger or consolidation and in any proceeding for the enforcement of the rights of a dissenting shareholder of any such domestic corporation against the surviving or consolidated corporation, and an irrevocable appointment of the secretary of state of this state as its agent to accept service of process in any such proceeding; and
(B) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the amount, if any, to which they shall be entitled under § 56-10-110 .
(b) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, except insofar as the laws of the state governing the surviving or consolidated company provide otherwise.
(c) In the case of an exchange of securities, if the acquiring corporation is a foreign corporation, then the corporation shall comply with the applicable provisions of the laws of the state under which it is organized. The foreign acquiring corporation shall also procure a certificate of authority to transact business and conduct affairs in Tennessee pursuant to §§ 48-25-101 - 48-25-305 and shall comply with all the law of this state relating to foreign corporations. The effect of the exchange of securities shall be as provided by this chapter, except insofar as the laws of the state under which the foreign acquiring corporation is organized provide otherwise.
Acts 1968, ch. 448, § 2; T.C.A., § 56-3606.
Tenn. Code Ann. § 56-2-406 — TN Code / Title 56 / Chapter 2 / Section 56-2-406
Trustees of companies of other countries
Status: in_force

(a) Any admitted company of a foreign country may appoint trustees who are citizens of the United States, and approved by the commissioner, to hold funds in trust for the benefit of its policyholders and creditors in the United States. (b) These trustees shall be named by the directors of the company, and a certified copy of the record of the appointment of the trustees and of the deed of trust shall be filed in the office of the commissioner, who may examine the trustees and the assets in trust, and all books and papers relating to the trust, in the same manner that the commissioner may examine the officers, agents, assets, and affairs of insurance companies. (c) The funds held by the trustees, so far as the funds are in securities, money, or credits, admissible as sound assets in the financial accounts of insurance companies, shall, together with its deposits made in accordance with § 56-2-405 , constitute the assets of the company as regards its policyholders and creditors in the United States. Acts 1895, ch. 160, § 11; Shan., § 3294; Code 1932, § 6110; T.C.A. (orig. ed.), §§ 56-311, 56-233.
(a) Any admitted company of a foreign country may appoint trustees who are citizens of the United States, and approved by the commissioner, to hold funds in trust for the benefit of its policyholders and creditors in the United States.
(b) These trustees shall be named by the directors of the company, and a certified copy of the record of the appointment of the trustees and of the deed of trust shall be filed in the office of the commissioner, who may examine the trustees and the assets in trust, and all books and papers relating to the trust, in the same manner that the commissioner may examine the officers, agents, assets, and affairs of insurance companies.
(c) The funds held by the trustees, so far as the funds are in securities, money, or credits, admissible as sound assets in the financial accounts of insurance companies, shall, together with its deposits made in accordance with § 56-2-405 , constitute the assets of the company as regards its policyholders and creditors in the United States.
Acts 1895, ch. 160, § 11; Shan., § 3294; Code 1932, § 6110; T.C.A. (orig. ed.), §§ 56-311, 56-233.
Tenn. Code Ann. § 56-6-122 — TN Code / Title 56 / Chapter 6 / Section 56-6-122
Countersignatures
Status: in_force

Notwithstanding any other law to the contrary, there shall be no requirement that an insurance producer who is a resident of this state must countersign a policy of insurance written by an insurance company. Acts 2002, ch. 798, § 23.
Notwithstanding any other law to the contrary, there shall be no requirement that an insurance producer who is a resident of this state must countersign a policy of insurance written by an insurance company.
Acts 2002, ch. 798, § 23.
Tenn. Code Ann. § 56-3-708 — TN Code / Title 56 / Chapter 3 / Section 56-3-708
Rules and regulations
Status: in_force

(a) The commissioner, with the approval of the attorney general and reporter and in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, has the power to make rules and regulations necessary for the execution of the functions vested in the commissioner by §§ 56-3-701 - 56-3-707, and may for that purpose classify domestic stock insurance companies, securities, and other persons or matters within the commissioner's jurisdiction. (b) Nothing in §§ 56-3-702 - 56-3-704 imposing any liability applies to any act done or omitted in good faith in conformity with any rule or regulation of the commissioner, notwithstanding that the rule or regulation may, after the act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason. (c) The commissioner, with the approval of the attorney general and reporter and in conformity with the Uniform Administrative Procedures also has the power to make rules and regulations necessary to regulate the solicitation of proxies, consents or authorizations in respect to those equity securities subject to §§ 56-3-701 - 56-3-707 issued by domestic stock insurance companies. Acts 1965, ch. 95, § 8; T.C.A., § 56-257; Acts 1967, ch. 394, § 1; T.C.A., § 56-339.
(a) The commissioner, with the approval of the attorney general and reporter and in conformity with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, has the power to make rules and regulations necessary for the execution of the functions vested in the commissioner by §§ 56-3-701 - 56-3-707, and may for that purpose classify domestic stock insurance companies, securities, and other persons or matters within the commissioner's jurisdiction.
(b) Nothing in §§ 56-3-702 - 56-3-704 imposing any liability applies to any act done or omitted in good faith in conformity with any rule or regulation of the commissioner, notwithstanding that the rule or regulation may, after the act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
(c) The commissioner, with the approval of the attorney general and reporter and in conformity with the Uniform Administrative Procedures also has the power to make rules and regulations necessary to regulate the solicitation of proxies, consents or authorizations in respect to those equity securities subject to §§ 56-3-701 - 56-3-707 issued by domestic stock insurance companies.
Acts 1965, ch. 95, § 8; T.C.A., § 56-257; Acts 1967, ch. 394, § 1; T.C.A., § 56-339.
Tenn. Code Ann. § 56-1-213 — TN Code / Title 56 / Chapter 1 / Section 56-1-213
Fee to cover costs of issuing or renewing licenses, registrations and permits
Status: in_force

The commissioner is authorized to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations and permits. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations and permits by mail or in person. In no event shall the fee exceed the actual costs incurred in issuing or renewing a license, registration or permit. Amended by 2016 Tenn. Acts, ch. 838,s 2, eff. 7/1/2016. Acts 2005, ch. 375, § 1.
The commissioner is authorized to promulgate, by rule, a convenience fee to cover the costs of issuing or renewing licenses, registrations and permits. Any fee set by rule under the authority of this section may be assessed in addition to the fee or fees assessed for the costs of issuing or renewing licenses, registrations and permits by mail or in person. In no event shall the fee exceed the actual costs incurred in issuing or renewing a license, registration or permit.
Amended by 2016 Tenn. Acts, ch. 838,s 2, eff. 7/1/2016.
Acts 2005, ch. 375, § 1.
Tenn. Code Ann. § 56-31-128 — TN Code / Title 56 / Chapter 31 / Section 56-31-128
Subscriptions for vision care for needy - Governmental or private contributions authorized
Status: in_force

A vision service plan corporation may, in its discretion, receive and accept from governmental or private agencies or from other persons payments covering all or part of the costs of subscriptions to provide vision care for needy and other individuals. Acts 1969, ch. 118, § 28; T.C.A., § 56-3728.
A vision service plan corporation may, in its discretion, receive and accept from governmental or private agencies or from other persons payments covering all or part of the costs of subscriptions to provide vision care for needy and other individuals.
Acts 1969, ch. 118, § 28; T.C.A., § 56-3728.
Tenn. Code Ann. § 56-2-407 — TN Code / Title 56 / Chapter 2 / Section 56-2-407
Revocation of authority of foreign companies
Status: in_force

The authority of a foreign insurance company may be revoked: (1) If it violates or neglects to comply with any law obligatory upon it; (2) Whenever, in the opinion of the commissioner, its condition is unsound, or its assets above its liabilities exclusive of capital and inclusive of unearned premiums, as provided in §§ 56-1-402 - 56-1-405 [see the Compiler's Notes], are less than the amount of its original capital or required unimpaired funds; or (3) If any foreign company licensed to transact business in this state reinsures or accepts reinsurance on property located in this state for any company not authorized to transact the business of insurance in this state; provided, that § 56-1-102 does not apply to foreign marine policies. Acts 1895, ch. 160, § 12; Shan., § 3295; Acts 1919, ch. 170, § 1; Code 1932, § 6111; T.C.A. (orig. ed.), §§ 56-312, 56-234.
The authority of a foreign insurance company may be revoked:
(1) If it violates or neglects to comply with any law obligatory upon it;
(2) Whenever, in the opinion of the commissioner, its condition is unsound, or its assets above its liabilities exclusive of capital and inclusive of unearned premiums, as provided in §§ 56-1-402 - 56-1-405 [see the Compiler's Notes], are less than the amount of its original capital or required unimpaired funds; or
(3) If any foreign company licensed to transact business in this state reinsures or accepts reinsurance on property located in this state for any company not authorized to transact the business of insurance in this state; provided, that § 56-1-102 does not apply to foreign marine policies.
Acts 1895, ch. 160, § 12; Shan., § 3295; Acts 1919, ch. 170, § 1; Code 1932, § 6111; T.C.A. (orig. ed.), §§ 56-312, 56-234.
Tenn. Code Ann. § 56-10-108 — TN Code / Title 56 / Chapter 10 / Section 56-10-108
Merger of subsidiary company
Status: in_force

If the domestic company owns at least ninety percent (90%) of the outstanding shares of another domestic or foreign stock insurance company, it may merge the other company into itself without approval by a vote of the shareholders of either company in accordance with § 48-21-102 . In the event, the approval of the commissioner shall be obtained in the manner specified in § 56-10-104 . Acts 1968, ch. 448, § 4; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3608.
If the domestic company owns at least ninety percent (90%) of the outstanding shares of another domestic or foreign stock insurance company, it may merge the other company into itself without approval by a vote of the shareholders of either company in accordance with § 48-21-102 . In the event, the approval of the commissioner shall be obtained in the manner specified in § 56-10-104 .
Acts 1968, ch. 448, § 4; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3608.
Tenn. Code Ann. § 56-7-2363 — TN Code / Title 56 / Chapter 7 / Section 56-7-2363
Colorectal cancer early detection
Status: in_force

(a) All individual and group health insurance policies providing coverage on an expense incurred basis, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description, that are delivered or issued on or after January 1, 2004, in this state shall include, or shall offer to prospective policyholders and existing policyholders on renewal, as an optional benefit, coverage for colorectal cancer examinations and laboratory tests specified in current American Cancer Society guidelines or federal Preventive Services Task Force guidelines for colorectal cancer screening of asymptomatic individuals. (b) The benefits required by this section shall be subject to the annual deductible and co-insurance established for all other similar benefits within the policy or contract; provided, that the annual deductible and co-insurance for the benefits required by this section are no greater than the annual deductible and co-insurance established for all other similar benefits within that policy or contract of insurance. (c) Nothing in this section shall apply to the TennCare program administered pursuant to the waivers approved by the federal department of health and human services, to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care or other limited benefit health insurance policies, or to any health benefit that is individually underwritten. Acts 2003, ch. 200, § 1.
(a) All individual and group health insurance policies providing coverage on an expense incurred basis, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description, that are delivered or issued on or after January 1, 2004, in this state shall include, or shall offer to prospective policyholders and existing policyholders on renewal, as an optional benefit, coverage for colorectal cancer examinations and laboratory tests specified in current American Cancer Society guidelines or federal Preventive Services Task Force guidelines for colorectal cancer screening of asymptomatic individuals.
(b) The benefits required by this section shall be subject to the annual deductible and co-insurance established for all other similar benefits within the policy or contract; provided, that the annual deductible and co-insurance for the benefits required by this section are no greater than the annual deductible and co-insurance established for all other similar benefits within that policy or contract of insurance.
(c) Nothing in this section shall apply to the TennCare program administered pursuant to the waivers approved by the federal department of health and human services, to accident-only, specified disease, hospital indemnity, medicare supplement, long-term care or other limited benefit health insurance policies, or to any health benefit that is individually underwritten.
Acts 2003, ch. 200, § 1.
Tenn. Code Ann. § 56-5-207 — TN Code / Title 56 / Chapter 5 / Section 56-5-207
Disclosure of intention to use credit information
Status: in_force

(a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with the application. The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy, if the consumer has previously been provided a disclosure statement. (b) Use of the following example disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score." Acts 2004, ch. 527, § 8.
(a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with the application. The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy, if the consumer has previously been provided a disclosure statement.
(b) Use of the following example disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score."
Acts 2004, ch. 527, § 8.