Tenn. Code Ann. § 56-2-121 — TN Code / Title 56 / Chapter 2 / Section 56-2-121
Exempt entities
Status: in_force

(a) A plan sponsored by a nonprofit corporation organized and created in this state primarily to promote programs for the improvement of the health of rural people in the state, which plan has provided health care benefits to the members of the corporation for a period in excess of ten (10) years, shall be deemed not to be insurance and not subject to this title, to the extent the plan, after July 1, 1993, provides the benefits under a self-funded arrangement; provided, that any stop-loss, excess or similar insurance coverage purchased as part of the plan shall be insurance subject to this title. (b) The provisions of this title to the contrary notwithstanding, a Program for All-Inclusive Care for the Elderly (PACE) project that is sponsored by a religious or charitable organization that is itself or is controlled by a person that is organized under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), and that has had its application for the operation of a PACE program approved by the health care financing administration of the United States department of health and human services (HHS), and is operating under such approval, shall not be deemed to be engaged in any business required to be licensed pursuant to this title. This exemption applies only to business conducted pursuant to the approved PACE contract, and not to any other business that such organization conducts that is subject to this title. Acts 1993, ch. 339, § 1; 1998, ch. 698, § 2.
(a) A plan sponsored by a nonprofit corporation organized and created in this state primarily to promote programs for the improvement of the health of rural people in the state, which plan has provided health care benefits to the members of the corporation for a period in excess of ten (10) years, shall be deemed not to be insurance and not subject to this title, to the extent the plan, after July 1, 1993, provides the benefits under a self-funded arrangement; provided, that any stop-loss, excess or similar insurance coverage purchased as part of the plan shall be insurance subject to this title.
(b) The provisions of this title to the contrary notwithstanding, a Program for All-Inclusive Care for the Elderly (PACE) project that is sponsored by a religious or charitable organization that is itself or is controlled by a person that is organized under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), and that has had its application for the operation of a PACE program approved by the health care financing administration of the United States department of health and human services (HHS), and is operating under such approval, shall not be deemed to be engaged in any business required to be licensed pursuant to this title. This exemption applies only to business conducted pursuant to the approved PACE contract, and not to any other business that such organization conducts that is subject to this title.
Acts 1993, ch. 339, § 1; 1998, ch. 698, § 2.
Tenn. Code Ann. § 56-18-104 — TN Code / Title 56 / Chapter 18 / Section 56-18-104
Division of board of directors - Classification - Terms
Status: in_force

In order to secure continuity of membership in its board of directors, the bylaws of the corporation may provide for division of the board into no more than seven (7) classes as nearly equal in number as possible, and may fix the term of office for each class. Unless such provision is made in the bylaws, all directors shall be elected annually. Acts 1949, ch. 91, § 9; C. Supp. 1950, § 6433.21 (Williams, § 6433.25); T.C.A. (orig. ed.), § 56-1605.
In order to secure continuity of membership in its board of directors, the bylaws of the corporation may provide for division of the board into no more than seven (7) classes as nearly equal in number as possible, and may fix the term of office for each class. Unless such provision is made in the bylaws, all directors shall be elected annually.
Acts 1949, ch. 91, § 9; C. Supp. 1950, § 6433.21 (Williams, § 6433.25); T.C.A. (orig. ed.), § 56-1605.
Tenn. Code Ann. § 56-51-113 — TN Code / Title 56 / Chapter 51 / Section 56-51-113
Rates for subscribers - Requirements
Status: in_force

(a) The rates charged by any prepaid limited health service organization to its subscribers shall not be excessive, inadequate, or unfairly discriminatory. The department may require whatever information it deems necessary to determine that a rate or proposed rate meets the requirements of this section. (b) In determining whether a rate is in compliance with subsection (a), the department must take into consideration the limited services provided, the method in which the services are provided, and the method of provider payment. This section may not be construed as authorizing the department to establish by rule minimum loss ratios for prepaid limited health service organizations' rates. Acts 2000, ch. 948, § 13.
(a) The rates charged by any prepaid limited health service organization to its subscribers shall not be excessive, inadequate, or unfairly discriminatory. The department may require whatever information it deems necessary to determine that a rate or proposed rate meets the requirements of this section.
(b) In determining whether a rate is in compliance with subsection (a), the department must take into consideration the limited services provided, the method in which the services are provided, and the method of provider payment. This section may not be construed as authorizing the department to establish by rule minimum loss ratios for prepaid limited health service organizations' rates.
Acts 2000, ch. 948, § 13.
Tenn. Code Ann. § 56-31-106 — TN Code / Title 56 / Chapter 31 / Section 56-31-106
Restrictions on right to establish and operate plan
Status: in_force

It is unlawful for any person except a vision service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28, 29, or 30 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain or operate a vision service plan, or to solicit subscribers to or enter into contracts with respect to a vision service plan. Amended by 2018 Tenn. Acts, ch. 644,s 2, eff. 4/2/2018. Acts 1969, ch. 118, § 7; T.C.A., § 56-3706.
It is unlawful for any person except a vision service plan corporation, incorporated in accordance with this chapter, and operating in accordance with authority from the commissioner, or a nonprofit corporation organized under chapter 27, 28, 29, or 30 of this title, or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain or operate a vision service plan, or to solicit subscribers to or enter into contracts with respect to a vision service plan.
Amended by 2018 Tenn. Acts, ch. 644,s 2, eff. 4/2/2018.
Acts 1969, ch. 118, § 7; T.C.A., § 56-3706.
Tenn. Code Ann. § 56-7-2915 — TN Code / Title 56 / Chapter 7 / Section 56-7-2915
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211, s 1, eff. 7/1/2013. Acts 2006, ch. 867, § 14.
Repealed by 2013 Tenn. Acts, ch. 211, s 1, eff. 7/1/2013.
Acts 2006, ch. 867, § 14.
Tenn. Code Ann. § 56-51-133 — TN Code / Title 56 / Chapter 51 / Section 56-51-133
Assets, liabilities, and investments
Status: in_force

Section 56-32-111 shall apply in its entirety to determine what assets, liabilities, and investments are acceptable for a prepaid limited health service organization. Acts 2000, ch. 948, § 33.
Section 56-32-111 shall apply in its entirety to determine what assets, liabilities, and investments are acceptable for a prepaid limited health service organization.
Acts 2000, ch. 948, § 33.
Tenn. Code Ann. § 56-13-115 — TN Code / Title 56 / Chapter 13 / Section 56-13-115
Adoption and amendment of rules by commissioner
Status: in_force

The commissioner may adopt and, from time to time, amend such rules relating to captive insurance companies as are necessary to enable the commissioner to carry out the provisions of this chapter. Acts 2011, ch. 468, § 1.
The commissioner may adopt and, from time to time, amend such rules relating to captive insurance companies as are necessary to enable the commissioner to carry out the provisions of this chapter.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-4-217 — TN Code / Title 56 / Chapter 4 / Section 56-4-217
Credit against franchise and excise taxes
Status: in_force

(a) The amount of the premium taxes collected under §§ 56-4-201 - 56-4-214 shall be a single credit against the sum total of the taxes imposed by the Franchise Tax Law, compiled in title 67, chapter 4, part 21, and by the Excise Tax Law, compiled in title 67, chapter 4, part 20. (b) For tax years beginning on or after December 15, 2002, the excise tax imposed by title 67, chapter 4, part 20, and the franchise tax imposed by title 67, chapter 4, part 21, shall no longer be applicable to insurance companies, as defined in § 56-1-102 . Acts 1945, ch. 3, § 4; 1947, ch. 201, § 1; mod. C. Supp. 1950, § 1248.44 (Williams, § 1248.172); T.C.A. (orig. ed.), § 56-421; Acts 1997, ch. 508, § 1; 2008, ch. 1106, § 54.
(a) The amount of the premium taxes collected under §§ 56-4-201 - 56-4-214 shall be a single credit against the sum total of the taxes imposed by the Franchise Tax Law, compiled in title 67, chapter 4, part 21, and by the Excise Tax Law, compiled in title 67, chapter 4, part 20.
(b) For tax years beginning on or after December 15, 2002, the excise tax imposed by title 67, chapter 4, part 20, and the franchise tax imposed by title 67, chapter 4, part 21, shall no longer be applicable to insurance companies, as defined in § 56-1-102 .
Acts 1945, ch. 3, § 4; 1947, ch. 201, § 1; mod. C. Supp. 1950, § 1248.44 (Williams, § 1248.172); T.C.A. (orig. ed.), § 56-421; Acts 1997, ch. 508, § 1; 2008, ch. 1106, § 54.
Tenn. Code Ann. § 56-13-124 — TN Code / Title 56 / Chapter 13 / Section 56-13-124
Dormant captive insurance company
Status: in_force

(a) As used in this section, "dormant captive insurance company" means any captive insurance company other than a captive risk retention group that has: (1) Ceased transacting the business of insurance, including the issuance of insurance policies; and (2) No remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a letter of dormancy under this section. (b) A captive insurance company domiciled in this state that meets the criteria of subsection (a) may apply to the commissioner for issuance of a letter of dormancy. The commissioner may issue the captive insurance company a letter of dormancy in the commissioner's sole discretion. A letter of dormancy issued by the commissioner shall specify an expiration date that is no later than five (5) years from the date of issuance. The commissioner may, before the expiration date, issue a superseding letter of dormancy. The superseding letter of dormancy shall specify a new expiration date no later than five (5) years from the date of issuance of the superseding letter. (c) A dormant captive insurance company that has been issued a letter of dormancy shall: (1) Possess, and thereafter maintain unimpaired, paid-in capital and surplus of not less than twenty five thousand dollars ($25,000); (2) Prior to March 15 of each year, submit to the commissioner a report of its financial condition as required by § 56-13-108 ; and (3) Pay the fee established by § 56-4-101(a)(4) . (d) A dormant captive insurance company that has been issued a letter of dormancy shall not be subject to or liable for the payment of the annual minimum aggregate tax provided for in § 56-13-114(c) . A dormant captive insurance company shall be liable for payment of premium tax on premiums received before issuance of a letter of dormancy. (e) A dormant captive insurance company that has been issued a letter of dormancy must apply to the commissioner for and receive a rescission of the letter of dormancy and restore its unimpaired paid-in capital and surplus to the amount required in § 56-13-105 prior to issuing any insurance policies and resuming the business of insurance. (f) The commissioner shall rescind a letter of dormancy issued to any captive insurance company if that company no longer meets the criteria of subsection (a). Such rescission shall be effective as of the date the company ceased to meet the criteria of subsection (a). (g) In the commissioner's sole discretion, an examination required by § 56-13-109 may be held in abeyance during the time the dormant captive insurance company is under a letter of dormancy. (h) An application for a letter of dormancy and an application for a rescission of a letter of dormancy constitute a change of business plan pursuant to § 56-4-101(a)(8) . (i) The captive insurance company is responsible for all taxes, fees, and statutory requirements of this title for the year in which the rescission or expiration of its letter of dormancy occurs. (j) The commissioner may promulgate rules as necessary to effectuate the purposes of this section. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (k) (1) The commissioner may waive any requirement for a dormant captive insurance company under this section; and (2) Notwithstanding this section to the contrary, if the commissioner waives a requirement under subdivision (k)(1), the commissioner may impose actuarial reporting requirements and additional capital and surplus requirements on the dormant captive insurance company. Amended by 2024 Tenn. Acts, ch. 643,s 13, eff. 4/4/2024. Added by 2017 Tenn. Acts, ch. 354, s 3, eff. 5/11/2017.
(a) As used in this section, "dormant captive insurance company" means any captive insurance company other than a captive risk retention group that has: (1) Ceased transacting the business of insurance, including the issuance of insurance policies; and (2) No remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a letter of dormancy under this section.
(1) Ceased transacting the business of insurance, including the issuance of insurance policies; and
(2) No remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a letter of dormancy under this section.
(b) A captive insurance company domiciled in this state that meets the criteria of subsection (a) may apply to the commissioner for issuance of a letter of dormancy. The commissioner may issue the captive insurance company a letter of dormancy in the commissioner's sole discretion. A letter of dormancy issued by the commissioner shall specify an expiration date that is no later than five (5) years from the date of issuance. The commissioner may, before the expiration date, issue a superseding letter of dormancy. The superseding letter of dormancy shall specify a new expiration date no later than five (5) years from the date of issuance of the superseding letter.
(c) A dormant captive insurance company that has been issued a letter of dormancy shall: (1) Possess, and thereafter maintain unimpaired, paid-in capital and surplus of not less than twenty five thousand dollars ($25,000); (2) Prior to March 15 of each year, submit to the commissioner a report of its financial condition as required by § 56-13-108 ; and (3) Pay the fee established by § 56-4-101(a)(4) .
(1) Possess, and thereafter maintain unimpaired, paid-in capital and surplus of not less than twenty five thousand dollars ($25,000);
(2) Prior to March 15 of each year, submit to the commissioner a report of its financial condition as required by § 56-13-108 ; and
(3) Pay the fee established by § 56-4-101(a)(4) .
(d) A dormant captive insurance company that has been issued a letter of dormancy shall not be subject to or liable for the payment of the annual minimum aggregate tax provided for in § 56-13-114(c) . A dormant captive insurance company shall be liable for payment of premium tax on premiums received before issuance of a letter of dormancy.
(e) A dormant captive insurance company that has been issued a letter of dormancy must apply to the commissioner for and receive a rescission of the letter of dormancy and restore its unimpaired paid-in capital and surplus to the amount required in § 56-13-105 prior to issuing any insurance policies and resuming the business of insurance.
(f) The commissioner shall rescind a letter of dormancy issued to any captive insurance company if that company no longer meets the criteria of subsection (a). Such rescission shall be effective as of the date the company ceased to meet the criteria of subsection (a).
(g) In the commissioner's sole discretion, an examination required by § 56-13-109 may be held in abeyance during the time the dormant captive insurance company is under a letter of dormancy.
(h) An application for a letter of dormancy and an application for a rescission of a letter of dormancy constitute a change of business plan pursuant to § 56-4-101(a)(8) .
(i) The captive insurance company is responsible for all taxes, fees, and statutory requirements of this title for the year in which the rescission or expiration of its letter of dormancy occurs.
(j) The commissioner may promulgate rules as necessary to effectuate the purposes of this section. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(k) (1) The commissioner may waive any requirement for a dormant captive insurance company under this section; and (2) Notwithstanding this section to the contrary, if the commissioner waives a requirement under subdivision (k)(1), the commissioner may impose actuarial reporting requirements and additional capital and surplus requirements on the dormant captive insurance company.
(1) The commissioner may waive any requirement for a dormant captive insurance company under this section; and
(2) Notwithstanding this section to the contrary, if the commissioner waives a requirement under subdivision (k)(1), the commissioner may impose actuarial reporting requirements and additional capital and surplus requirements on the dormant captive insurance company.
Amended by 2024 Tenn. Acts, ch. 643,s 13, eff. 4/4/2024.
Added by 2017 Tenn. Acts, ch. 354, s 3, eff. 5/11/2017.
Tenn. Code Ann. § 56-46-214 — TN Code / Title 56 / Chapter 46 / Section 56-46-214
Severability
Status: in_force

If any provision of this part, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this part that can be given effect without the invalid provision or application, and to that end the provisions of this part are severable. Acts 2014, ch. 559, § 7.
If any provision of this part, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this part that can be given effect without the invalid provision or application, and to that end the provisions of this part are severable.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-6-906 — TN Code / Title 56 / Chapter 6 / Section 56-6-906
Written examination
Status: in_force

(a) An individual applying for a public adjuster license under this part shall pass a written examination, unless exempt pursuant to § 56-6-907 . The examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner. (b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee in an amount set forth by rule by the commissioner. (c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner, in an amount set by rule promulgated by the commissioner. (d) An individual who fails to appear for the examination as scheduled, or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination. Acts 2006, ch. 997, § 7.
(a) An individual applying for a public adjuster license under this part shall pass a written examination, unless exempt pursuant to § 56-6-907 . The examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner.
(b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee in an amount set forth by rule by the commissioner.
(c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner, in an amount set by rule promulgated by the commissioner.
(d) An individual who fails to appear for the examination as scheduled, or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
Acts 2006, ch. 997, § 7.
Tenn. Code Ann. § 56-32-108 — TN Code / Title 56 / Chapter 32 / Section 56-32-108
Reports
Status: in_force

Every HMO shall annually, on or before March 1, file with the commissioner a report on the blank prescribed by the National Association of Insurance Commissioners for HMOs. The commissioner may require additional reports deemed reasonably necessary and appropriate to enable the commissioner to carry out the commissioner's duties under this chapter. Acts 1986, ch. 713, § 8; T.C.A. § 56-32-208.
Every HMO shall annually, on or before March 1, file with the commissioner a report on the blank prescribed by the National Association of Insurance Commissioners for HMOs. The commissioner may require additional reports deemed reasonably necessary and appropriate to enable the commissioner to carry out the commissioner's duties under this chapter.
Acts 1986, ch. 713, § 8; T.C.A. § 56-32-208.
Tenn. Code Ann. § 56-61-119 — TN Code / Title 56 / Chapter 61 / Section 56-61-119
Binding nature of external review decisions
Status: in_force

(a) An external review decision is binding on the health carrier except to the extent that the health carrier has other remedies available under applicable federal or state law. (b) An external review decision is binding on the covered person except to the extent that the covered person has other remedies available under applicable federal or state law. (c) An external review decision is binding on the healthcare provider except to the extent that the healthcare provider has other remedies available under applicable federal or state law. (d) An aggrieved person may not file a subsequent request for external review involving the same adverse determination or final adverse determination for which the covered person has already received an external review decision pursuant to this chapter. Acts 2010, ch. 980, § 20.
(a) An external review decision is binding on the health carrier except to the extent that the health carrier has other remedies available under applicable federal or state law.
(b) An external review decision is binding on the covered person except to the extent that the covered person has other remedies available under applicable federal or state law.
(c) An external review decision is binding on the healthcare provider except to the extent that the healthcare provider has other remedies available under applicable federal or state law.
(d) An aggrieved person may not file a subsequent request for external review involving the same adverse determination or final adverse determination for which the covered person has already received an external review decision pursuant to this chapter.
Acts 2010, ch. 980, § 20.
Tenn. Code Ann. § 56-51-153 — TN Code / Title 56 / Chapter 51 / Section 56-51-153
Rules
Status: in_force

The department has authority to adopt rules to effectuate this chapter. The rules shall be adopted in accordance with the rulemaking provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5. The department may also adopt emergency rules as determined to be necessary to effectuate this chapter, in accordance with the Uniform Administrative Procedures Act. No rule shall be adopted without prior hearing and notice as provided under the Uniform Administrative Procedures Act. A violation of any such rule subjects the violator to § 56-51-139 . Acts 2000, ch. 948, § 53.
The department has authority to adopt rules to effectuate this chapter. The rules shall be adopted in accordance with the rulemaking provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5. The department may also adopt emergency rules as determined to be necessary to effectuate this chapter, in accordance with the Uniform Administrative Procedures Act. No rule shall be adopted without prior hearing and notice as provided under the Uniform Administrative Procedures Act. A violation of any such rule subjects the violator to § 56-51-139 .
Acts 2000, ch. 948, § 53.
Tenn. Code Ann. § 56-6-811 — TN Code / Title 56 / Chapter 6 / Section 56-6-811
Violations - Penalties
Status: in_force

(a) A reinsurance intermediary, insurer or reinsurer found by the commissioner, after a hearing conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to be in violation of this part, shall: (1) For each separate violation, pay a penalty in an amount not exceeding five thousand dollars ($5,000); (2) Be subject to revocation or suspension of its license; and (3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation. (b) The decision, determination or order of the commissioner pursuant to subsection (a) shall be subject to judicial review in accordance with the Uniform Administrative Procedures Act. (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided in this title. (d) Nothing contained in this part is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors or other third parties or confer any rights to those persons. Acts 1993, ch. 253, § 9.
(a) A reinsurance intermediary, insurer or reinsurer found by the commissioner, after a hearing conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to be in violation of this part, shall: (1) For each separate violation, pay a penalty in an amount not exceeding five thousand dollars ($5,000); (2) Be subject to revocation or suspension of its license; and (3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.
(1) For each separate violation, pay a penalty in an amount not exceeding five thousand dollars ($5,000);
(2) Be subject to revocation or suspension of its license; and
(3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.
(b) The decision, determination or order of the commissioner pursuant to subsection (a) shall be subject to judicial review in accordance with the Uniform Administrative Procedures Act.
(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided in this title.
(d) Nothing contained in this part is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors or other third parties or confer any rights to those persons.
Acts 1993, ch. 253, § 9.
Tenn. Code Ann. § 56-7-3501 — TN Code / Title 56 / Chapter 7 / Section 56-7-3501
Part definitions
Status: in_force

As used in this part: (1) "Health benefit plan" has the same meaning as defined in § 56-61-102 ; (2) "Health carrier" has the same meaning as defined in § 56-61-102 ; (3) "Healthcare provider" has the same meaning as defined in § 56-61-102 ; (4) "Interchangeable biological product" means a biological product licensed by the federal food and drug administration and determined to meet the safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4) ; (5) "Pharmaceutical sample" means a unit of a prescription drug that is not intended to be sold; (6) "Prescription drug" means a drug that under federal or state law is required to be dispensed only pursuant to a prescription order or is restricted to use by individuals authorized by law to prescribe drugs; (7) "Required prescription drug" means a medication that is required as part of a step therapy protocol; (8) "Step therapy exception" occurs when a step therapy protocol is overridden in favor of immediate coverage of the healthcare provider's selected prescription drug; (9) "Step therapy protocol" means a protocol, policy, or program that establishes a specific sequence in which prescription drugs for a specified medical condition, and medically appropriate for a particular patient, are covered by a health carrier or health benefit plan; and (10) "Utilization review organization" means an entity that conducts utilization review, as defined in § 56-6-703 , other than a health carrier or health benefit plan performing utilization review for its own health plans. Added by 2022 Tenn. Acts, ch. 1020, s 1, eff. 1/1/2023.
As used in this part:
(1) "Health benefit plan" has the same meaning as defined in § 56-61-102 ;
(2) "Health carrier" has the same meaning as defined in § 56-61-102 ;
(3) "Healthcare provider" has the same meaning as defined in § 56-61-102 ;
(4) "Interchangeable biological product" means a biological product licensed by the federal food and drug administration and determined to meet the safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4) ;
(5) "Pharmaceutical sample" means a unit of a prescription drug that is not intended to be sold;
(6) "Prescription drug" means a drug that under federal or state law is required to be dispensed only pursuant to a prescription order or is restricted to use by individuals authorized by law to prescribe drugs;
(7) "Required prescription drug" means a medication that is required as part of a step therapy protocol;
(8) "Step therapy exception" occurs when a step therapy protocol is overridden in favor of immediate coverage of the healthcare provider's selected prescription drug;
(9) "Step therapy protocol" means a protocol, policy, or program that establishes a specific sequence in which prescription drugs for a specified medical condition, and medically appropriate for a particular patient, are covered by a health carrier or health benefit plan; and
(10) "Utilization review organization" means an entity that conducts utilization review, as defined in § 56-6-703 , other than a health carrier or health benefit plan performing utilization review for its own health plans.
Added by 2022 Tenn. Acts, ch. 1020, s 1, eff. 1/1/2023.
Tenn. Code Ann. § 56-7-1807 — TN Code / Title 56 / Chapter 7 / Section 56-7-1807
Noncompliance with this part
Status: in_force

Failure to comply with this part shall be considered to be an unfair trade practice under § 56-8-104 . Acts 1986, ch. 656, § 7.
Failure to comply with this part shall be considered to be an unfair trade practice under § 56-8-104 .
Acts 1986, ch. 656, § 7.
Tenn. Code Ann. § 56-41-109 — TN Code / Title 56 / Chapter 41 / Section 56-41-109
Powers and duties of association
Status: in_force

(a) The association has, for the purposes of this section and to the extent approved by the commissioner, the general powers and authority granted under the laws of this state to insurers authorized to transact property and casualty insurance as defined in § 56-41-101 . (b) The association shall take any action to make available necessary property and casualty insurance, including, but not limited to: (1) Assessing participating insurers amounts necessary to pay the obligations of the association, administrative expenses, the cost of examinations and other expenses authorized by this title. The assessment of each member insurer for the type of insurance designated in the plan shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. However, the basis for participation shall exclude those premiums that are used for participation ratios in other existing residual market mechanisms. A member insurer may not be assessed in any one (1) year an amount greater than five percent (5%) of the member insurer's direct written premiums for the preceding calendar year. Each member insurer shall be allowed a premium tax credit at the rate of twenty percent (20%) per year for five (5) successive years following termination of the association; (2) Entering into contracts necessary or proper to carry out the purposes of this chapter; (3) Suing or being sued, including taking any legal action necessary to recover any assessments for, on behalf of, or against member insurers; (4) Investigating claims brought against the association and adjusting, compromising, settling, and paying covered claims to the extent of the association's obligation and deny all other claims. The association may process claims through its employees or through one (1) or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to approval of the commissioner; (5) Classifying risks as may be applicable and equitable; (6) Establishing appropriate rates, rate classifications, and rate adjustments, and filing the rates with the commissioner in accordance with this chapter; (7) Pooling risks among member insurers; (8) Issuing and marketing, through agents, policies of insurance providing coverage required by this chapter in its own name or on behalf of the member insurers; (9) Administering separate pools, separate accounts, or other plans as may be deemed appropriate for separate insurers or groups of insurers; (10) Investing, reinvesting, and administering all funds and moneys held by the association; (11) Developing, effectuating, and promulgating any loss prevention programs intended to serve the best interests of the association and the insuring public; (12) Operating and administering any combination of plans, pools, or other arrangements as deemed appropriate to best accomplish the fair and equitable operation of the association for the purposes of making available commercial insurance coverage; and (13) Any other action necessary or proper to effectuate the purposes of this chapter. Acts 1987, ch. 439, § 8.
(a) The association has, for the purposes of this section and to the extent approved by the commissioner, the general powers and authority granted under the laws of this state to insurers authorized to transact property and casualty insurance as defined in § 56-41-101 .
(b) The association shall take any action to make available necessary property and casualty insurance, including, but not limited to: (1) Assessing participating insurers amounts necessary to pay the obligations of the association, administrative expenses, the cost of examinations and other expenses authorized by this title. The assessment of each member insurer for the type of insurance designated in the plan shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. However, the basis for participation shall exclude those premiums that are used for participation ratios in other existing residual market mechanisms. A member insurer may not be assessed in any one (1) year an amount greater than five percent (5%) of the member insurer's direct written premiums for the preceding calendar year. Each member insurer shall be allowed a premium tax credit at the rate of twenty percent (20%) per year for five (5) successive years following termination of the association; (2) Entering into contracts necessary or proper to carry out the purposes of this chapter; (3) Suing or being sued, including taking any legal action necessary to recover any assessments for, on behalf of, or against member insurers; (4) Investigating claims brought against the association and adjusting, compromising, settling, and paying covered claims to the extent of the association's obligation and deny all other claims. The association may process claims through its employees or through one (1) or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to approval of the commissioner; (5) Classifying risks as may be applicable and equitable; (6) Establishing appropriate rates, rate classifications, and rate adjustments, and filing the rates with the commissioner in accordance with this chapter; (7) Pooling risks among member insurers; (8) Issuing and marketing, through agents, policies of insurance providing coverage required by this chapter in its own name or on behalf of the member insurers; (9) Administering separate pools, separate accounts, or other plans as may be deemed appropriate for separate insurers or groups of insurers; (10) Investing, reinvesting, and administering all funds and moneys held by the association; (11) Developing, effectuating, and promulgating any loss prevention programs intended to serve the best interests of the association and the insuring public; (12) Operating and administering any combination of plans, pools, or other arrangements as deemed appropriate to best accomplish the fair and equitable operation of the association for the purposes of making available commercial insurance coverage; and (13) Any other action necessary or proper to effectuate the purposes of this chapter.
(1) Assessing participating insurers amounts necessary to pay the obligations of the association, administrative expenses, the cost of examinations and other expenses authorized by this title. The assessment of each member insurer for the type of insurance designated in the plan shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bear to the net direct written premiums of all member insurers for the preceding calendar year. However, the basis for participation shall exclude those premiums that are used for participation ratios in other existing residual market mechanisms. A member insurer may not be assessed in any one (1) year an amount greater than five percent (5%) of the member insurer's direct written premiums for the preceding calendar year. Each member insurer shall be allowed a premium tax credit at the rate of twenty percent (20%) per year for five (5) successive years following termination of the association;
(2) Entering into contracts necessary or proper to carry out the purposes of this chapter;
(3) Suing or being sued, including taking any legal action necessary to recover any assessments for, on behalf of, or against member insurers;
(4) Investigating claims brought against the association and adjusting, compromising, settling, and paying covered claims to the extent of the association's obligation and deny all other claims. The association may process claims through its employees or through one (1) or more member insurers or other persons designated as servicing facilities. Designation of a service facility is subject to approval of the commissioner;
(5) Classifying risks as may be applicable and equitable;
(6) Establishing appropriate rates, rate classifications, and rate adjustments, and filing the rates with the commissioner in accordance with this chapter;
(7) Pooling risks among member insurers;
(8) Issuing and marketing, through agents, policies of insurance providing coverage required by this chapter in its own name or on behalf of the member insurers;
(9) Administering separate pools, separate accounts, or other plans as may be deemed appropriate for separate insurers or groups of insurers;
(10) Investing, reinvesting, and administering all funds and moneys held by the association;
(11) Developing, effectuating, and promulgating any loss prevention programs intended to serve the best interests of the association and the insuring public;
(12) Operating and administering any combination of plans, pools, or other arrangements as deemed appropriate to best accomplish the fair and equitable operation of the association for the purposes of making available commercial insurance coverage; and
(13) Any other action necessary or proper to effectuate the purposes of this chapter.
Acts 1987, ch. 439, § 8.
Tenn. Code Ann. § 56-6-307 — TN Code / Title 56 / Chapter 6 / Section 56-6-307
Inapplicable to certain agents
Status: in_force

This part does not apply to agents who finance premiums through a Tennessee corporation, or a corporation domesticated to transact business in Tennessee, that is either an insurer, a subsidiary of an insurer or owned by a group of insurers, and that confines its business to the financing of insurance premiums on policies issued by the owners of the company. Acts 1965, ch. 356, § 7; T.C.A., § 56-720.
This part does not apply to agents who finance premiums through a Tennessee corporation, or a corporation domesticated to transact business in Tennessee, that is either an insurer, a subsidiary of an insurer or owned by a group of insurers, and that confines its business to the financing of insurance premiums on policies issued by the owners of the company.
Acts 1965, ch. 356, § 7; T.C.A., § 56-720.
Tenn. Code Ann. § 56-7-904 — TN Code / Title 56 / Chapter 7 / Section 56-7-904
Definitions
Status: in_force

As used in § 56-7-903 , this section and §§ 56-7-905 - 56-7-912, unless the context otherwise requires: (1) "Claims" means benefits payable on death or disability, excluding loss adjustment expense, claims settlement costs, or other additions of any kind; (2) "Claims incurred" means claims actually paid during the reporting year, plus the reserves at the end of the year for reported claims in the process of settlement and for claims incurred but not reported, less the corresponding reserves at the end of the preceding year. All reserves shall be determined in a consistent manner from year to year; (3) "Credit life insurance" means insurance on the life of a debtor for a period of ten (10) years or less in connection with a specific loan or other credit transaction of fifteen (15) years duration or less to provide payment to a creditor in the event of the death of a debtor; (4) "Creditor" means the lender of money or vendor or lessor of goods, services, or property, rights, or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of the lender, vendor, or lessor, or an affiliate, associate or subsidiary of any of them, or any director, officer or employee of any of them, or any other person in any way associated with them; (5) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction; (6) "Identifiable charge" means the amount a creditor charges a debtor or collects from the debtor for credit life insurance in addition to any other stated charges, including interest or discount, permitted by law. A differential in interest rates between insured and uninsured loans is an identifiable charge; (7) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction; (8) "Insurer" means an insurance company licensed to write credit life insurance; (9) "Joint life coverage" means credit life insurance covering two (2) or more lives, either on a level or decreasing term basis where the entire sum insured becomes payable upon the death of the first insured debtor to die while the insurance is in force; and (10) (A) "Premiums earned" means the total gross premiums that become due the insurer, without reduction of any kind, except: (i) Premiums refunded or adjusted on account of termination of coverage; and (ii) Adjustments to reflect changes in gross unearned premiums in force upon a pro rata basis or a sum of the digits basis, where applicable; (B) Where premiums are payable monthly on the basis of outstanding insured balances, "premiums earned" means the total premiums paid the insurer during the reporting year, plus premiums due the insurer but unpaid at the end of that year, less premiums due the insurer but unpaid at the end of the previous year; (C) As defined under either system, "premiums earned" shall be determined without reduction of any kind except for the premium refunds and adjustments; (D) This definition shall not control the preparation of financial statements, but shall be used when § 56-7-903 - 56-7-912 specifically refer to premiums earned. Acts 1985, ch. 107, § 3; 1988, ch. 709, § 3.
As used in § 56-7-903 , this section and §§ 56-7-905 - 56-7-912, unless the context otherwise requires:
(1) "Claims" means benefits payable on death or disability, excluding loss adjustment expense, claims settlement costs, or other additions of any kind;
(2) "Claims incurred" means claims actually paid during the reporting year, plus the reserves at the end of the year for reported claims in the process of settlement and for claims incurred but not reported, less the corresponding reserves at the end of the preceding year. All reserves shall be determined in a consistent manner from year to year;
(3) "Credit life insurance" means insurance on the life of a debtor for a period of ten (10) years or less in connection with a specific loan or other credit transaction of fifteen (15) years duration or less to provide payment to a creditor in the event of the death of a debtor;
(4) "Creditor" means the lender of money or vendor or lessor of goods, services, or property, rights, or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of the lender, vendor, or lessor, or an affiliate, associate or subsidiary of any of them, or any director, officer or employee of any of them, or any other person in any way associated with them;
(5) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction;
(6) "Identifiable charge" means the amount a creditor charges a debtor or collects from the debtor for credit life insurance in addition to any other stated charges, including interest or discount, permitted by law. A differential in interest rates between insured and uninsured loans is an identifiable charge;
(7) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction;
(8) "Insurer" means an insurance company licensed to write credit life insurance;
(9) "Joint life coverage" means credit life insurance covering two (2) or more lives, either on a level or decreasing term basis where the entire sum insured becomes payable upon the death of the first insured debtor to die while the insurance is in force; and
(10) (A) "Premiums earned" means the total gross premiums that become due the insurer, without reduction of any kind, except: (i) Premiums refunded or adjusted on account of termination of coverage; and (ii) Adjustments to reflect changes in gross unearned premiums in force upon a pro rata basis or a sum of the digits basis, where applicable; (B) Where premiums are payable monthly on the basis of outstanding insured balances, "premiums earned" means the total premiums paid the insurer during the reporting year, plus premiums due the insurer but unpaid at the end of that year, less premiums due the insurer but unpaid at the end of the previous year; (C) As defined under either system, "premiums earned" shall be determined without reduction of any kind except for the premium refunds and adjustments; (D) This definition shall not control the preparation of financial statements, but shall be used when § 56-7-903 - 56-7-912 specifically refer to premiums earned.
(A) "Premiums earned" means the total gross premiums that become due the insurer, without reduction of any kind, except: (i) Premiums refunded or adjusted on account of termination of coverage; and (ii) Adjustments to reflect changes in gross unearned premiums in force upon a pro rata basis or a sum of the digits basis, where applicable;
(i) Premiums refunded or adjusted on account of termination of coverage; and
(ii) Adjustments to reflect changes in gross unearned premiums in force upon a pro rata basis or a sum of the digits basis, where applicable;
(B) Where premiums are payable monthly on the basis of outstanding insured balances, "premiums earned" means the total premiums paid the insurer during the reporting year, plus premiums due the insurer but unpaid at the end of that year, less premiums due the insurer but unpaid at the end of the previous year;
(C) As defined under either system, "premiums earned" shall be determined without reduction of any kind except for the premium refunds and adjustments;
(D) This definition shall not control the preparation of financial statements, but shall be used when § 56-7-903 - 56-7-912 specifically refer to premiums earned.
Acts 1985, ch. 107, § 3; 1988, ch. 709, § 3.
Tenn. Code Ann. § 56-5-203 — TN Code / Title 56 / Chapter 5 / Section 56-5-203
Notice to consumer of adverse action
Status: in_force

If an insurer takes an adverse action based on factors that include credit information, the insurer must provide notice to the consumer that an adverse action has been taken. That notice must contain the reason or reasons for the adverse action, described in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. The notice must include a description of up to four (4) factors that were the primary influences of the adverse action. The use of generalized terms such as "poor credit history," "poor credit rating," or "poor insurance score" does not meet the explanation requirements of this section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this section. Acts 2004, ch. 527, § 4.
If an insurer takes an adverse action based on factors that include credit information, the insurer must provide notice to the consumer that an adverse action has been taken. That notice must contain the reason or reasons for the adverse action, described in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. The notice must include a description of up to four (4) factors that were the primary influences of the adverse action. The use of generalized terms such as "poor credit history," "poor credit rating," or "poor insurance score" does not meet the explanation requirements of this section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this section.
Acts 2004, ch. 527, § 4.
Tenn. Code Ann. § 56-7-120 — TN Code / Title 56 / Chapter 7 / Section 56-7-120
Assignment of benefits to health care provider
Status: in_force

(a) Notwithstanding any law to the contrary, if a policy of insurance issued in this state provides for coverage of health care rendered by a healthcare provider covered under title 63, the insured or other persons entitled to benefits under the policy are entitled to assign their benefits to the healthcare provider and such rights must be stated clearly in the policy. Notice of the assignment must be in writing to the insurer in order to be effective unless otherwise stated in the policy. (b) As used in this section: (1) [Deleted by 2023 amendment.] (2) [Deleted by 2023 amendment.] (3) "Healthcare facility" means a hospital as defined in § 68-11-201 , or an ambulatory surgical treatment center as defined in § 68-11-201 ; (4) "Healthcare provider" means any doctor of medicine, osteopathy, dentistry, chiropractic, podiatry, or optometry; a pharmacist or pharmacy; a hospital; a home health agency; an entity providing infusion therapy services; or an entity providing medical equipment services; and (5) "Insured" means any person who has health insurance coverage as defined in § 56-7-109 through a health insurance entity as defined in § 56-7-109 . (6) [Deleted by 2023 amendment.] (c) [Deleted by 2023 amendment.] (d) [Deleted by 2023 amendment.] (e) [Deleted by 2023 amendment.] (f) This section does not prohibit a policy of insurance from providing reimbursement to an insured for expenses the insured incurred when the insured remitted payment directly to a healthcare provider or healthcare facility for provided covered healthcare services. Amended by 2023 Tenn. Acts, ch. 42, s 1, eff. 3/14/2023. Amended by 2021 Tenn. Acts, ch. 260, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 239, s 1, eff. 4/30/2019. Amended by 2019 Tenn. Acts, ch. 62, s 1, eff. 3/28/2019. Amended by 2018 Tenn. Acts, ch. 840, s 1, eff. 7/1/2018. Acts 1992, ch. 918, § 1; 1993, ch. 111, § 1; 1997 , ch. 248, § 1; 2009 , ch. 365, § 1; 2010 , ch. 1027, §§ 1, 2; 2011 , ch. 6, § 1.
(a) Notwithstanding any law to the contrary, if a policy of insurance issued in this state provides for coverage of health care rendered by a healthcare provider covered under title 63, the insured or other persons entitled to benefits under the policy are entitled to assign their benefits to the healthcare provider and such rights must be stated clearly in the policy. Notice of the assignment must be in writing to the insurer in order to be effective unless otherwise stated in the policy.
(b) As used in this section: (1) [Deleted by 2023 amendment.] (2) [Deleted by 2023 amendment.] (3) "Healthcare facility" means a hospital as defined in § 68-11-201 , or an ambulatory surgical treatment center as defined in § 68-11-201 ; (4) "Healthcare provider" means any doctor of medicine, osteopathy, dentistry, chiropractic, podiatry, or optometry; a pharmacist or pharmacy; a hospital; a home health agency; an entity providing infusion therapy services; or an entity providing medical equipment services; and (5) "Insured" means any person who has health insurance coverage as defined in § 56-7-109 through a health insurance entity as defined in § 56-7-109 . (6) [Deleted by 2023 amendment.]
(1) [Deleted by 2023 amendment.]
(2) [Deleted by 2023 amendment.]
(3) "Healthcare facility" means a hospital as defined in § 68-11-201 , or an ambulatory surgical treatment center as defined in § 68-11-201 ;
(4) "Healthcare provider" means any doctor of medicine, osteopathy, dentistry, chiropractic, podiatry, or optometry; a pharmacist or pharmacy; a hospital; a home health agency; an entity providing infusion therapy services; or an entity providing medical equipment services; and
(5) "Insured" means any person who has health insurance coverage as defined in § 56-7-109 through a health insurance entity as defined in § 56-7-109 .
(6) [Deleted by 2023 amendment.]
(c) [Deleted by 2023 amendment.]
(d) [Deleted by 2023 amendment.]
(e) [Deleted by 2023 amendment.]
(f) This section does not prohibit a policy of insurance from providing reimbursement to an insured for expenses the insured incurred when the insured remitted payment directly to a healthcare provider or healthcare facility for provided covered healthcare services.
Amended by 2023 Tenn. Acts, ch. 42, s 1, eff. 3/14/2023.
Amended by 2021 Tenn. Acts, ch. 260, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 239, s 1, eff. 4/30/2019.
Amended by 2019 Tenn. Acts, ch. 62, s 1, eff. 3/28/2019.
Amended by 2018 Tenn. Acts, ch. 840, s 1, eff. 7/1/2018.
Acts 1992, ch. 918, § 1; 1993, ch. 111, § 1; 1997 , ch. 248, § 1; 2009 , ch. 365, § 1; 2010 , ch. 1027, §§ 1, 2; 2011 , ch. 6, § 1.
Tenn. Code Ann. § 56-2-202 — TN Code / Title 56 / Chapter 2 / Section 56-2-202
Kinds of property insurance authorized
Status: in_force

(a) The company has the power generally to insure against loss by fire, earthquakes, storms, floods, explosions, except the explosions of the kind contemplated in § 56-19-108(5) , riots, civil commotions, and any and all other damages on all kinds and species of property. (b) This section shall apply to every insurance corporation heretofore or hereafter organized under the laws of this state. (c) All policies of insurance heretofore issued by insurance corporations organized under the laws of this state insuring against loss from any cause included in the authorization in subsection (a) are validated, insofar as the corporation was without specific charter power to insure against those losses. Acts 1875, ch. 142, § 10; Shan., § 2260; Code 1932, § 3973; Acts 1937, ch. 109, §§ 1-3; mod. C. Supp. 1950, § 3973 (Williams, §§ 3973, 3973.1, 3973.2); T.C.A. (orig. ed.), § 56-219.
(a) The company has the power generally to insure against loss by fire, earthquakes, storms, floods, explosions, except the explosions of the kind contemplated in § 56-19-108(5) , riots, civil commotions, and any and all other damages on all kinds and species of property.
(b) This section shall apply to every insurance corporation heretofore or hereafter organized under the laws of this state.
(c) All policies of insurance heretofore issued by insurance corporations organized under the laws of this state insuring against loss from any cause included in the authorization in subsection (a) are validated, insofar as the corporation was without specific charter power to insure against those losses.
Acts 1875, ch. 142, § 10; Shan., § 2260; Code 1932, § 3973; Acts 1937, ch. 109, §§ 1-3; mod. C. Supp. 1950, § 3973 (Williams, §§ 3973, 3973.1, 3973.2); T.C.A. (orig. ed.), § 56-219.
Tenn. Code Ann. § 56-6-904 — TN Code / Title 56 / Chapter 6 / Section 56-6-904
Application requirements - Authority to require fingerprints - Criminal history record checks
Status: in_force

(a) A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner. (b) The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief. (c) In order to make a determination of license eligibility, the commissioner is authorized to require fingerprints of applicants and submit the fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) for state and national criminal history record checks. The commissioner shall require a criminal history record check on each applicant in accordance with this part. The commissioner shall require each applicant to submit a full set of fingerprints in order for the commissioner to obtain and receive national criminal history records from the FBI criminal justice information services division. (1) The commissioner may contract for the collection, transmission and resubmission of fingerprints required under this section. If the commissioner does so, the fee for collecting, transmitting and retaining fingerprints shall be payable directly to the contractor by the applicant. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor. (2) The commissioner may waive submission of fingerprints by any person that has previously furnished fingerprints and maintains fingerprints on file with the central repository of the NAIC, its affiliates or subsidiaries. (3) The commissioner is authorized to submit electronic fingerprint records and necessary identifying information to the NAIC, its affiliates or subsidiaries, for permanent retention in a centralized repository. The purpose of a centralized repository is to provide insurance commissioners with access to fingerprint records, in order to perform criminal history record checks. Acts 2006, ch. 997, § 5.
(a) A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner.
(b) The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief.
(c) In order to make a determination of license eligibility, the commissioner is authorized to require fingerprints of applicants and submit the fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) for state and national criminal history record checks. The commissioner shall require a criminal history record check on each applicant in accordance with this part. The commissioner shall require each applicant to submit a full set of fingerprints in order for the commissioner to obtain and receive national criminal history records from the FBI criminal justice information services division. (1) The commissioner may contract for the collection, transmission and resubmission of fingerprints required under this section. If the commissioner does so, the fee for collecting, transmitting and retaining fingerprints shall be payable directly to the contractor by the applicant. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor. (2) The commissioner may waive submission of fingerprints by any person that has previously furnished fingerprints and maintains fingerprints on file with the central repository of the NAIC, its affiliates or subsidiaries. (3) The commissioner is authorized to submit electronic fingerprint records and necessary identifying information to the NAIC, its affiliates or subsidiaries, for permanent retention in a centralized repository. The purpose of a centralized repository is to provide insurance commissioners with access to fingerprint records, in order to perform criminal history record checks.
(1) The commissioner may contract for the collection, transmission and resubmission of fingerprints required under this section. If the commissioner does so, the fee for collecting, transmitting and retaining fingerprints shall be payable directly to the contractor by the applicant. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor.
(2) The commissioner may waive submission of fingerprints by any person that has previously furnished fingerprints and maintains fingerprints on file with the central repository of the NAIC, its affiliates or subsidiaries.
(3) The commissioner is authorized to submit electronic fingerprint records and necessary identifying information to the NAIC, its affiliates or subsidiaries, for permanent retention in a centralized repository. The purpose of a centralized repository is to provide insurance commissioners with access to fingerprint records, in order to perform criminal history record checks.
Acts 2006, ch. 997, § 5.
Tenn. Code Ann. § 56-9-335 — TN Code / Title 56 / Chapter 9 / Section 56-9-335
Post-liquidation and discharge proceedings
Status: in_force

After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the chancery court of Davidson County to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order. Acts 1991, ch. 142, § 4.
After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the chancery court of Davidson County to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-26-122 — TN Code / Title 56 / Chapter 26 / Section 56-26-122
Policies exempt
Status: in_force

(a) Except as provided in subsection (b), nothing in this chapter applies to, or shall affect: (1) Any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary expense coverage in such policy; (2) Any policy or contract of reinsurance; (3) Any blanket or group insurance policy; or (4) Life insurance or annuity contracts, or contracts supplemental thereto, that contain only the provisions relating to accident and sickness insurance as: (A) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or (B) Operate to safeguard the contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract. (b) Sections 56-26-101 - 56-26-103 and 56-26-105 apply to any blanket or group insurance policy. Acts 1955, ch. 4, § 9; 1976, ch. 397, § 4; T.C.A., § 56-3322.
(a) Except as provided in subsection (b), nothing in this chapter applies to, or shall affect: (1) Any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary expense coverage in such policy; (2) Any policy or contract of reinsurance; (3) Any blanket or group insurance policy; or (4) Life insurance or annuity contracts, or contracts supplemental thereto, that contain only the provisions relating to accident and sickness insurance as: (A) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or (B) Operate to safeguard the contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract.
(1) Any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary expense coverage in such policy;
(2) Any policy or contract of reinsurance;
(3) Any blanket or group insurance policy; or
(4) Life insurance or annuity contracts, or contracts supplemental thereto, that contain only the provisions relating to accident and sickness insurance as: (A) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or (B) Operate to safeguard the contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract.
(A) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or
(B) Operate to safeguard the contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract.
(b) Sections 56-26-101 - 56-26-103 and 56-26-105 apply to any blanket or group insurance policy.
Acts 1955, ch. 4, § 9; 1976, ch. 397, § 4; T.C.A., § 56-3322.
Tenn. Code Ann. § 56-6-920 — TN Code / Title 56 / Chapter 6 / Section 56-6-920
Rules and regulations
Status: in_force

The commissioner may promulgate regulations as are necessary or proper to carry out the purposes of this part. These regulations may include provisions relating to the assessment of licensure fees reasonable to defray the costs of examinations and testing of public adjusters. The commissioner shall keep a separate accounting of fees and costs to administer this part, and no other fees generated under this chapter shall be used to administer this part. Acts 2006, ch. 997, § 21.
The commissioner may promulgate regulations as are necessary or proper to carry out the purposes of this part. These regulations may include provisions relating to the assessment of licensure fees reasonable to defray the costs of examinations and testing of public adjusters. The commissioner shall keep a separate accounting of fees and costs to administer this part, and no other fees generated under this chapter shall be used to administer this part.
Acts 2006, ch. 997, § 21.
Tenn. Code Ann. § 56-2-124 — TN Code / Title 56 / Chapter 2 / Section 56-2-124
Hold harmless requirements prohibited
Status: in_force

No health insurer, prepaid group health plan, health maintenance organization, preferred provider organization or similar entity licensed under this part that provides or administers health insurance shall require, by contract or otherwise, any title 63 or title 68 licensee to indemnify or hold harmless the licensee under this title for tort or patent or copyright infringement liability that the licensee under this title incurs, experiences, or causes by act or omission, or by act or omission of the title 63 or title 68 provider to the extent the act or omission was pursuant to a directive of the licensee under this title. Acts 1997, ch. 376, § 1.
No health insurer, prepaid group health plan, health maintenance organization, preferred provider organization or similar entity licensed under this part that provides or administers health insurance shall require, by contract or otherwise, any title 63 or title 68 licensee to indemnify or hold harmless the licensee under this title for tort or patent or copyright infringement liability that the licensee under this title incurs, experiences, or causes by act or omission, or by act or omission of the title 63 or title 68 provider to the extent the act or omission was pursuant to a directive of the licensee under this title.
Acts 1997, ch. 376, § 1.
Tenn. Code Ann. § 56-7-3203 — TN Code / Title 56 / Chapter 7 / Section 56-7-3203
Disclosure of the actual reimbursement for a particular prescription or covered service
Status: in_force

A covered entity or pharmacy benefits manager shall not in any way restrict, by contract or otherwise, any pharmacy or other dispenser from disclosing to the patient or authorized representative of the patient the actual reimbursement for a particular prescription or covered service. A pharmacy or other dispenser may disclose the actual reimbursement either orally or in writing on any document, including, but not limited to, a receipt, patient profile and summary of the patient's expenditures for prescriptions or covered services. Acts 2009, ch. 355, § 1.
A covered entity or pharmacy benefits manager shall not in any way restrict, by contract or otherwise, any pharmacy or other dispenser from disclosing to the patient or authorized representative of the patient the actual reimbursement for a particular prescription or covered service. A pharmacy or other dispenser may disclose the actual reimbursement either orally or in writing on any document, including, but not limited to, a receipt, patient profile and summary of the patient's expenditures for prescriptions or covered services.
Acts 2009, ch. 355, § 1.
Tenn. Code Ann. § 56-35-121 — TN Code / Title 56 / Chapter 35 / Section 56-35-121
Persons recommending insurance
Status: in_force

Nothing in this chapter, or in any other law of this state, shall be construed as preventing or prohibiting any attorney at law, real estate company, firm, broker or salesperson, lending institution, or the officers and employees of any institution, from advocating, recommending or requiring title insurance in any transaction in which they are engaged, nor transmitting to a title insurance agent or title insurance company, qualified in this state, applications for title insurance, arising out of the transactions, together with the charges for transactions, and in so doing no party shall be held to be a title insurer, nor to be engaged in business as a title insurance agent. Acts 1955, ch. 173, § 14; T.C.A., § 56-3421.
Nothing in this chapter, or in any other law of this state, shall be construed as preventing or prohibiting any attorney at law, real estate company, firm, broker or salesperson, lending institution, or the officers and employees of any institution, from advocating, recommending or requiring title insurance in any transaction in which they are engaged, nor transmitting to a title insurance agent or title insurance company, qualified in this state, applications for title insurance, arising out of the transactions, together with the charges for transactions, and in so doing no party shall be held to be a title insurer, nor to be engaged in business as a title insurance agent.
Acts 1955, ch. 173, § 14; T.C.A., § 56-3421.
Tenn. Code Ann. § 56-57-105 — TN Code / Title 56 / Chapter 57 / Section 56-57-105
[Repealed]
Status: repealed

Repealed and reenacted by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-9-107 — TN Code / Title 56 / Chapter 9 / Section 56-9-107
Applicability
Status: in_force

Every proceeding heretofore commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that, in the discretion of the commissioner, the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted. Acts 1991, ch. 142, § 4.
Every proceeding heretofore commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that, in the discretion of the commissioner, the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-12-109 — TN Code / Title 56 / Chapter 12 / Section 56-12-109
Powers and duties of commissioner - Judicial review
Status: in_force

(a) The commissioner shall: (1) Notify the association of the existence of an insolvent insurer not later than three (3) days after receiving notice of the determination of the insolvency. The association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time such complaint is filed with a court of competent jurisdiction; and (2) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer. (b) The commissioner may: (1) Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient; (2) (A) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or that fails to comply with the plan of operation; or (B) As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of an unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month; and (3) Revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily. (c) Any final action or order of the commissioner under this part shall be subject to judicial review exclusively by common law writ of certiorari in the chancery court of Davidson County. Acts 1971, ch. 180, § 9; T.C.A., § 56-4009; Acts 1989, ch. 36, § 1; 1999, ch. 48, § 8.
(a) The commissioner shall: (1) Notify the association of the existence of an insolvent insurer not later than three (3) days after receiving notice of the determination of the insolvency. The association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time such complaint is filed with a court of competent jurisdiction; and (2) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(1) Notify the association of the existence of an insolvent insurer not later than three (3) days after receiving notice of the determination of the insolvency. The association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time such complaint is filed with a court of competent jurisdiction; and
(2) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(b) The commissioner may: (1) Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient; (2) (A) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or that fails to comply with the plan of operation; or (B) As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of an unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month; and (3) Revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.
(1) Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient;
(2) (A) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or that fails to comply with the plan of operation; or (B) As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of an unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month; and
(A) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or that fails to comply with the plan of operation; or
(B) As an alternative, the commissioner may levy a forfeiture on any member insurer who fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of an unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month; and
(3) Revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.
(c) Any final action or order of the commissioner under this part shall be subject to judicial review exclusively by common law writ of certiorari in the chancery court of Davidson County.
Acts 1971, ch. 180, § 9; T.C.A., § 56-4009; Acts 1989, ch. 36, § 1; 1999, ch. 48, § 8.
Tenn. Code Ann. § 56-7-3603 — TN Code / Title 56 / Chapter 7 / Section 56-7-3603
Part definitions
Status: in_force

As used in this part: (1) "Child" means a biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; a son or daughter of a domestic partner; or a son or daughter of a person to whom the employee stands in loco parentis who is either: (A) Under eighteen (18) years of age; or (B) Eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability; (2) "Employee" means an individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor; (3) "Family leave insurance" means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to: (A) The birth or adoption of a child by the employee; (B) Placement of a child with the employee for foster care; (C) Care of a family member of the employee who has a serious health condition; or (D) The status of a family member of the employee who is a service member on active duty or who has been notified of an impending call or order to active duty; (4) "Family member" means: (A) A child, spouse, or parent; or (B) Another person defined as a family member in a policy of insurance issued under this part; (5) "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential healthcare facility, continuing treatment or continuing supervision by a healthcare provider as defined in an insurance policy issued under this part; and (6) "Service member" means a member of the United States armed forces in active military service. Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
As used in this part:
(1) "Child" means a biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; a son or daughter of a domestic partner; or a son or daughter of a person to whom the employee stands in loco parentis who is either: (A) Under eighteen (18) years of age; or (B) Eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability;
(A) Under eighteen (18) years of age; or
(B) Eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability;
(2) "Employee" means an individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor;
(3) "Family leave insurance" means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to: (A) The birth or adoption of a child by the employee; (B) Placement of a child with the employee for foster care; (C) Care of a family member of the employee who has a serious health condition; or (D) The status of a family member of the employee who is a service member on active duty or who has been notified of an impending call or order to active duty;
(A) The birth or adoption of a child by the employee;
(B) Placement of a child with the employee for foster care;
(C) Care of a family member of the employee who has a serious health condition; or
(D) The status of a family member of the employee who is a service member on active duty or who has been notified of an impending call or order to active duty;
(4) "Family member" means: (A) A child, spouse, or parent; or (B) Another person defined as a family member in a policy of insurance issued under this part;
(A) A child, spouse, or parent; or
(B) Another person defined as a family member in a policy of insurance issued under this part;
(5) "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential healthcare facility, continuing treatment or continuing supervision by a healthcare provider as defined in an insurance policy issued under this part; and
(6) "Service member" means a member of the United States armed forces in active military service.
Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 56-41-108 — TN Code / Title 56 / Chapter 41 / Section 56-41-108
Stabilization reserve fund
Status: in_force

(a) There is created a stabilization reserve fund, to be administered in accordance with procedures submitted by the association and approved by the commissioner. (b) Each policyholder shall pay to the association a stabilization reserve fund charge equal to one half (1/2) of each premium due for insurance issued by the association until the fund reaches a level deemed appropriate by the commissioner. The means of payment shall be set forth in the plan of operation and shall be separately stated in the policy. The association shall cancel the policy of any policyholder who fails to pay the stabilization reserve fund charge. (c) The moneys held in trust shall be used solely for the purpose of discharging when due any retrospective premium charges payable by policyholders of the association under the group retrospective rating plan authorized by this chapter. Payment of retrospective premium charges shall be made by the board of directors upon certification to the board by the association of the amount due. (d) Any moneys remaining in the fund after all the retrospective premium charges have been paid shall be returned to policyholders under procedures authorized by the board of directors. Acts 1987, ch. 439, § 7.
(a) There is created a stabilization reserve fund, to be administered in accordance with procedures submitted by the association and approved by the commissioner.
(b) Each policyholder shall pay to the association a stabilization reserve fund charge equal to one half (1/2) of each premium due for insurance issued by the association until the fund reaches a level deemed appropriate by the commissioner. The means of payment shall be set forth in the plan of operation and shall be separately stated in the policy. The association shall cancel the policy of any policyholder who fails to pay the stabilization reserve fund charge.
(c) The moneys held in trust shall be used solely for the purpose of discharging when due any retrospective premium charges payable by policyholders of the association under the group retrospective rating plan authorized by this chapter. Payment of retrospective premium charges shall be made by the board of directors upon certification to the board by the association of the amount due.
(d) Any moneys remaining in the fund after all the retrospective premium charges have been paid shall be returned to policyholders under procedures authorized by the board of directors.
Acts 1987, ch. 439, § 7.
Tenn. Code Ann. § 56-13-201 — TN Code / Title 56 / Chapter 13 / Section 56-13-201
Forming a protective cell captive insurance company
Status: in_force

(a) One (1) or more sponsors may form a protected cell captive insurance company under this chapter. In addition to part 1 of this chapter, this part shall apply to protected cell captive insurance companies. (b) A protected cell captive insurance company shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a mutual corporation, as a nonprofit corporation with one (1) or more members, or as a limited liability company. Amended by 2015 Tenn. Acts, ch. 156,s 13, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 139,s 3, eff. 4/12/2013. Acts 2011, ch. 468, § 1.
(a) One (1) or more sponsors may form a protected cell captive insurance company under this chapter. In addition to part 1 of this chapter, this part shall apply to protected cell captive insurance companies.
(b) A protected cell captive insurance company shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a mutual corporation, as a nonprofit corporation with one (1) or more members, or as a limited liability company.
Amended by 2015 Tenn. Acts, ch. 156,s 13, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 139,s 3, eff. 4/12/2013.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-46-210 — TN Code / Title 56 / Chapter 46 / Section 56-46-210
Foreign health organizations
Status: in_force

(a) (1) A foreign health organization shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this part; or (B) Fifteen (15) days after the request is received by the foreign health organization. (2) A foreign health organization shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state. (b) In the event of a Company Action Level Event, Regulatory Action Level Event or Authorized Control Level Event with respect to a foreign health organization as determined under the RBC statute applicable in the state of domicile of the health organization, or, if no RBC statute is in force in that state, under this part, if the insurance commissioner of the state of domicile of the foreign health organization fails to require the foreign health organization to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC statute is in force in that state, under § 56-46-203 , the commissioner may require the foreign health organization to file an RBC plan with the commissioner. In such event, the failure of the foreign health organization to file an RBC plan with the commissioner shall be grounds to order the health organization to cease and desist from writing new insurance business in this state. (c) In the event of a Mandatory Control Level Event with respect to a foreign health organization, if no domiciliary receiver has been appointed with respect to the foreign health organization under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign health organization, the commissioner may make application to the chancery court of Davidson County pursuant to chapter 9 of this title with respect to the liquidation of property of foreign health organizations found in this state, and the occurrence of the Mandatory Control Level Event shall be considered adequate grounds for the application. Acts 2014, ch. 559, § 7.
(a) (1) A foreign health organization shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this part; or (B) Fifteen (15) days after the request is received by the foreign health organization. (2) A foreign health organization shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.
(1) A foreign health organization shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this part; or (B) Fifteen (15) days after the request is received by the foreign health organization.
(A) The date an RBC report would be required to be filed by a domestic health organization under this part; or
(B) Fifteen (15) days after the request is received by the foreign health organization.
(2) A foreign health organization shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.
(b) In the event of a Company Action Level Event, Regulatory Action Level Event or Authorized Control Level Event with respect to a foreign health organization as determined under the RBC statute applicable in the state of domicile of the health organization, or, if no RBC statute is in force in that state, under this part, if the insurance commissioner of the state of domicile of the foreign health organization fails to require the foreign health organization to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC statute is in force in that state, under § 56-46-203 , the commissioner may require the foreign health organization to file an RBC plan with the commissioner. In such event, the failure of the foreign health organization to file an RBC plan with the commissioner shall be grounds to order the health organization to cease and desist from writing new insurance business in this state.
(c) In the event of a Mandatory Control Level Event with respect to a foreign health organization, if no domiciliary receiver has been appointed with respect to the foreign health organization under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign health organization, the commissioner may make application to the chancery court of Davidson County pursuant to chapter 9 of this title with respect to the liquidation of property of foreign health organizations found in this state, and the occurrence of the Mandatory Control Level Event shall be considered adequate grounds for the application.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-51-155 — TN Code / Title 56 / Chapter 51 / Section 56-51-155
Holding company regulation
Status: in_force

The Insurance Holding Company System Act of 1986, compiled in chapter 11 of this title, shall be applicable to prepaid limited health service organizations to the extent provided for in that act relative to health maintenance organizations. Acts 2004, ch. 507, § 2.
The Insurance Holding Company System Act of 1986, compiled in chapter 11 of this title, shall be applicable to prepaid limited health service organizations to the extent provided for in that act relative to health maintenance organizations.
Acts 2004, ch. 507, § 2.
Tenn. Code Ann. § 56-1-416 — TN Code / Title 56 / Chapter 1 / Section 56-1-416
Revocation or suspension of certificate of authority
Status: in_force

(a) The commissioner shall revoke or suspend all certificates of authority granted to the company or its agents and cause notice of revocation or suspension to be published in one (1) or more newspapers of general circulation, if the commissioner is of the opinion, upon examination or other evidence, that: (1) A foreign insurance company is: (A) In an unsound condition; or (B) If a life insurance company, has actual funds, exclusive of its capital, less than its liabilities; or (2) A foreign insurance company has: (A) Failed to comply with the law; or (B) Its officers or agents have: (i) Refused to submit to examination; (ii) Refused to perform any legal obligations in relation to examinations; or (iii) Failed to pay any final judgment against the company recovered by a Tennessee citizen. (b) No new business shall be done by a company or its agents under suspension or revocation while the default or disability continues, nor until its authority to do business is restored by the commissioner. Acts 1895, ch. 160, § 5; Shan., § 3283; Code 1932, § 6098; T.C.A. (orig. ed.), § 56-128.
(a) The commissioner shall revoke or suspend all certificates of authority granted to the company or its agents and cause notice of revocation or suspension to be published in one (1) or more newspapers of general circulation, if the commissioner is of the opinion, upon examination or other evidence, that: (1) A foreign insurance company is: (A) In an unsound condition; or (B) If a life insurance company, has actual funds, exclusive of its capital, less than its liabilities; or (2) A foreign insurance company has: (A) Failed to comply with the law; or (B) Its officers or agents have: (i) Refused to submit to examination; (ii) Refused to perform any legal obligations in relation to examinations; or (iii) Failed to pay any final judgment against the company recovered by a Tennessee citizen.
(1) A foreign insurance company is: (A) In an unsound condition; or (B) If a life insurance company, has actual funds, exclusive of its capital, less than its liabilities; or
(A) In an unsound condition; or
(B) If a life insurance company, has actual funds, exclusive of its capital, less than its liabilities; or
(2) A foreign insurance company has: (A) Failed to comply with the law; or (B) Its officers or agents have: (i) Refused to submit to examination; (ii) Refused to perform any legal obligations in relation to examinations; or (iii) Failed to pay any final judgment against the company recovered by a Tennessee citizen.
(A) Failed to comply with the law; or
(B) Its officers or agents have: (i) Refused to submit to examination; (ii) Refused to perform any legal obligations in relation to examinations; or (iii) Failed to pay any final judgment against the company recovered by a Tennessee citizen.
(i) Refused to submit to examination;
(ii) Refused to perform any legal obligations in relation to examinations; or
(iii) Failed to pay any final judgment against the company recovered by a Tennessee citizen.
(b) No new business shall be done by a company or its agents under suspension or revocation while the default or disability continues, nor until its authority to do business is restored by the commissioner.
Acts 1895, ch. 160, § 5; Shan., § 3283; Code 1932, § 6098; T.C.A. (orig. ed.), § 56-128.
Tenn. Code Ann. § 56-9-319 — TN Code / Title 56 / Chapter 9 / Section 56-9-319
Mutual debts and credits - When offset allowed
Status: in_force

(a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, the credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (b). (b) No offset shall be allowed in favor of any such person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in this chapter, entitle the person to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or (3) The obligation of the person is to pay an assessment levied against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer. Acts 1991, ch. 142, § 4.
(a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, the credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (b).
(b) No offset shall be allowed in favor of any such person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in this chapter, entitle the person to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or (3) The obligation of the person is to pay an assessment levied against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.
(1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in this chapter, entitle the person to share as a claimant in the assets of the insurer;
(2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or
(3) The obligation of the person is to pay an assessment levied against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-7-1405 — TN Code / Title 56 / Chapter 7 / Section 56-7-1405
Sale, offer for sale, or administration - Unfair or deceptive acts
Status: in_force

(a) (1) An insurance company or agent that commits an unfair or deceptive act in the sale or offering for sale or administration of medicare supplement insurance shall be subject to the Consumer Protection Act, compiled in title 47, chapter 18, part 1, except for §§ 47-18-106 - 47-18-108, the second sentence of § 47-18-115 , and the following language from § 47-18-113(a) : provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties. (2) However, nothing in this part shall require or authorize the consumer affairs division to duplicate the services being provided or the regulatory authority being exercised by the insurance division of the department. (b) In the sale, offering for sale or administration of medicare supplement insurance, unfair or deceptive acts include, but are not limited to: (1) In the case of the insurance agent: (A) Misrepresenting the terms of the policy; (B) Inaccurately filling out an insurance application when the agent knows or has reason to know it is inaccurate; (C) Failing to comply with all requirements of this part; (D) Knowingly selling duplicative policies to a policyholder without an increase in benefits, which includes a requirement that the policies pay to the full extent of benefits notwithstanding the existence of other coverage; (E) Knowingly selling a medicare supplement insurance policy to someone who receives medicaid, unless the applicant represents in writing to the agent that the applicant has a reasonable expectation of losing medicaid coverage due to an increase in income or resources or a change in living situation. The insurance agent or company must promptly notify the department and give the name and address of those individuals who have purchased a policy in conjunction with medicaid; (F) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the new policy covers preexisting conditions to the extent of the existing policy immediately or within the time limits of the existing policy; and (G) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the policy provides for an increase in benefits or a decrease in premiums or is to replace a policy where the applicant is not satisfied with the service received; and (2) In the case of a company: (A) Failing to ask in the application whether the applicant receives medicaid. In the case of direct response insurers, the question may be asked in a supplement to the application; (B) Failing to ask in the application whether the applicant has a medicare supplement insurance policy. In the case of direct response insurers, the question may be asked in a supplement to the application; (C) Encouraging agents to: (i) Sell duplicative or replacement policies that are in violation of this part or rules promulgated under this part; (ii) Commit unfair or deceptive acts; or (iii) Both; (D) Using advertising or outlines of coverage, or both, that have not been filed with the department in accordance with its rules and regulations or that have been disapproved by the department in accordance with the rules; and (E) Failing to comply with all requirements of this part. Acts 1988, ch. 989, § 11.
(a) (1) An insurance company or agent that commits an unfair or deceptive act in the sale or offering for sale or administration of medicare supplement insurance shall be subject to the Consumer Protection Act, compiled in title 47, chapter 18, part 1, except for §§ 47-18-106 - 47-18-108, the second sentence of § 47-18-115 , and the following language from § 47-18-113(a) : provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties. (2) However, nothing in this part shall require or authorize the consumer affairs division to duplicate the services being provided or the regulatory authority being exercised by the insurance division of the department.
(1) An insurance company or agent that commits an unfair or deceptive act in the sale or offering for sale or administration of medicare supplement insurance shall be subject to the Consumer Protection Act, compiled in title 47, chapter 18, part 1, except for §§ 47-18-106 - 47-18-108, the second sentence of § 47-18-115 , and the following language from § 47-18-113(a) : provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties.
provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties.
(2) However, nothing in this part shall require or authorize the consumer affairs division to duplicate the services being provided or the regulatory authority being exercised by the insurance division of the department.
(b) In the sale, offering for sale or administration of medicare supplement insurance, unfair or deceptive acts include, but are not limited to: (1) In the case of the insurance agent: (A) Misrepresenting the terms of the policy; (B) Inaccurately filling out an insurance application when the agent knows or has reason to know it is inaccurate; (C) Failing to comply with all requirements of this part; (D) Knowingly selling duplicative policies to a policyholder without an increase in benefits, which includes a requirement that the policies pay to the full extent of benefits notwithstanding the existence of other coverage; (E) Knowingly selling a medicare supplement insurance policy to someone who receives medicaid, unless the applicant represents in writing to the agent that the applicant has a reasonable expectation of losing medicaid coverage due to an increase in income or resources or a change in living situation. The insurance agent or company must promptly notify the department and give the name and address of those individuals who have purchased a policy in conjunction with medicaid; (F) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the new policy covers preexisting conditions to the extent of the existing policy immediately or within the time limits of the existing policy; and (G) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the policy provides for an increase in benefits or a decrease in premiums or is to replace a policy where the applicant is not satisfied with the service received; and (2) In the case of a company: (A) Failing to ask in the application whether the applicant receives medicaid. In the case of direct response insurers, the question may be asked in a supplement to the application; (B) Failing to ask in the application whether the applicant has a medicare supplement insurance policy. In the case of direct response insurers, the question may be asked in a supplement to the application; (C) Encouraging agents to: (i) Sell duplicative or replacement policies that are in violation of this part or rules promulgated under this part; (ii) Commit unfair or deceptive acts; or (iii) Both; (D) Using advertising or outlines of coverage, or both, that have not been filed with the department in accordance with its rules and regulations or that have been disapproved by the department in accordance with the rules; and (E) Failing to comply with all requirements of this part.
(1) In the case of the insurance agent: (A) Misrepresenting the terms of the policy; (B) Inaccurately filling out an insurance application when the agent knows or has reason to know it is inaccurate; (C) Failing to comply with all requirements of this part; (D) Knowingly selling duplicative policies to a policyholder without an increase in benefits, which includes a requirement that the policies pay to the full extent of benefits notwithstanding the existence of other coverage; (E) Knowingly selling a medicare supplement insurance policy to someone who receives medicaid, unless the applicant represents in writing to the agent that the applicant has a reasonable expectation of losing medicaid coverage due to an increase in income or resources or a change in living situation. The insurance agent or company must promptly notify the department and give the name and address of those individuals who have purchased a policy in conjunction with medicaid; (F) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the new policy covers preexisting conditions to the extent of the existing policy immediately or within the time limits of the existing policy; and (G) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the policy provides for an increase in benefits or a decrease in premiums or is to replace a policy where the applicant is not satisfied with the service received; and
(A) Misrepresenting the terms of the policy;
(B) Inaccurately filling out an insurance application when the agent knows or has reason to know it is inaccurate;
(C) Failing to comply with all requirements of this part;
(D) Knowingly selling duplicative policies to a policyholder without an increase in benefits, which includes a requirement that the policies pay to the full extent of benefits notwithstanding the existence of other coverage;
(E) Knowingly selling a medicare supplement insurance policy to someone who receives medicaid, unless the applicant represents in writing to the agent that the applicant has a reasonable expectation of losing medicaid coverage due to an increase in income or resources or a change in living situation. The insurance agent or company must promptly notify the department and give the name and address of those individuals who have purchased a policy in conjunction with medicaid;
(F) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the new policy covers preexisting conditions to the extent of the existing policy immediately or within the time limits of the existing policy; and
(G) Selling a medicare supplement insurance policy to someone who already has a medicare supplement insurance policy, unless the policy provides for an increase in benefits or a decrease in premiums or is to replace a policy where the applicant is not satisfied with the service received; and
(2) In the case of a company: (A) Failing to ask in the application whether the applicant receives medicaid. In the case of direct response insurers, the question may be asked in a supplement to the application; (B) Failing to ask in the application whether the applicant has a medicare supplement insurance policy. In the case of direct response insurers, the question may be asked in a supplement to the application; (C) Encouraging agents to: (i) Sell duplicative or replacement policies that are in violation of this part or rules promulgated under this part; (ii) Commit unfair or deceptive acts; or (iii) Both; (D) Using advertising or outlines of coverage, or both, that have not been filed with the department in accordance with its rules and regulations or that have been disapproved by the department in accordance with the rules; and (E) Failing to comply with all requirements of this part.
(A) Failing to ask in the application whether the applicant receives medicaid. In the case of direct response insurers, the question may be asked in a supplement to the application;
(B) Failing to ask in the application whether the applicant has a medicare supplement insurance policy. In the case of direct response insurers, the question may be asked in a supplement to the application;
(C) Encouraging agents to: (i) Sell duplicative or replacement policies that are in violation of this part or rules promulgated under this part; (ii) Commit unfair or deceptive acts; or (iii) Both;
(i) Sell duplicative or replacement policies that are in violation of this part or rules promulgated under this part;
(ii) Commit unfair or deceptive acts; or
(iii) Both;
(D) Using advertising or outlines of coverage, or both, that have not been filed with the department in accordance with its rules and regulations or that have been disapproved by the department in accordance with the rules; and
(E) Failing to comply with all requirements of this part.
Acts 1988, ch. 989, § 11.
Tenn. Code Ann. § 56-7-2901 — TN Code / Title 56 / Chapter 7 / Section 56-7-2901
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Short title
Status: in_force

This part shall be known and may be cited as the "Access Tennessee Act of 2006." Amended by 2015 Tenn. Acts, ch. 185, s 1, eff. 4/22/2015. Acts 2006, ch. 867, §§ 3, 14.
This part shall be known and may be cited as the "Access Tennessee Act of 2006."
Amended by 2015 Tenn. Acts, ch. 185, s 1, eff. 4/22/2015.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-7-101 — TN Code / Title 56 / Chapter 7 / Section 56-7-101
Contract of insurance - Definition - Restrictions and limitations - Exceptions
Status: in_force

(a) A contract of insurance is an agreement by which one party, for a consideration, promises to pay money or its equivalent, or to do some act of value to the assured, upon the destruction or injury, loss or damage of something in which the other party has an insurable interest; and it is unlawful for any company to make any contract of insurance upon or concerning any property or interests or lives in this state, or with any resident of this state, or for any person, as insurance agent or insurance broker, to make, negotiate, solicit, or in any manner aid in the transaction of the insurance, unless and except as authorized under this title; but nothing contained in this chapter and chapters 1-4 and 6 of this title, with the exception of the Easy to Read Life and Health Insurance Policy Act, compiled in part 16 of this chapter, shall affect the rights and powers of corporations engaged in the transaction of life and casualty insurance upon the assessment plan. (b) (1) Agreements made by a religious, charitable, or nonprofit corporation or association to accept donations of whole blood in return for a promise by the organization to furnish to the donor and the donor's immediate family, upon the happening of any illness or injury, benefits not exceeding one hundred dollars ($100) in value, payable either in cash or blood, shall not be deemed to be a contract of insurance within the meaning of this title. (2) Agreements made by colleges or universities operating accredited medical schools, or by hospitals or clinics operated by or affiliated with the college or university under which the college or university, hospital, or clinic binds itself to indemnify physicians, nurses, other professional employees or faculty, or medical, nursing or allied health students of the college or university for the legal liability of the physician, nurse, or other professional health care employee, or student for loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or health care liability in rendering professional service by the employee or student shall not be deemed to be contracts of insurance within the meaning of this title. The college or university making the agreements shall be required to establish and maintain a distinct reserve fund with which basic health care liability coverage will be provided in an amount at least equivalent to the existing basic Joint Underwriting Association aggregate annual level of coverage. (3) (A) A contract entered into between a tax preparation service company and a taxpayer providing for the tax preparation service company to pay the additional tax liability, penalties, or interest imposed by a taxing authority on the taxpayer as a result of an error of the tax preparation service is not a contract of insurance; provided, that the tax preparation service has secured coverage under a contractual liability insurance policy on a form approved by the commissioner and issued by an insurance company licensed in this state or a surety bond on a form approved by the commissioner and issued by an insurance company licensed in this state for a penal sum in an amount to be determined by the commissioner, which amount must be not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), with respect to the statewide operations of the tax preparation service and its franchisees engaged in the tax preparation business. In the alternative, the commissioner may accept a deposit of cash or securities in an amount not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000). The contractual liability insurance policy, bond, or deposit is subject to suit by this state and by a person who has a cause of action arising from a contract subject to this subdivision (b)(3). (B) The commissioner may promulgate rules and regulations necessary or appropriate to carry out subdivision (b)(3)(A), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 640,s 1, eff. 7/1/2024. Acts 1895, ch. 160, § 2; 1899, ch. 31, § 1; Shan., § 3275; Code 1932, § 6085; Acts 1957, ch. 248, § 1; impl. am. Acts 1975, ch. 68, § 1; 1976, ch. 769, § 3; 1979, ch. 269, § 1; T.C.A. (orig. ed.), § 56-1101; Acts 1981, ch. 415, § 14; 2005, ch. 274, §§ 1, 2; 2012 , ch. 798, § 19.
(a) A contract of insurance is an agreement by which one party, for a consideration, promises to pay money or its equivalent, or to do some act of value to the assured, upon the destruction or injury, loss or damage of something in which the other party has an insurable interest; and it is unlawful for any company to make any contract of insurance upon or concerning any property or interests or lives in this state, or with any resident of this state, or for any person, as insurance agent or insurance broker, to make, negotiate, solicit, or in any manner aid in the transaction of the insurance, unless and except as authorized under this title; but nothing contained in this chapter and chapters 1-4 and 6 of this title, with the exception of the Easy to Read Life and Health Insurance Policy Act, compiled in part 16 of this chapter, shall affect the rights and powers of corporations engaged in the transaction of life and casualty insurance upon the assessment plan.
(b) (1) Agreements made by a religious, charitable, or nonprofit corporation or association to accept donations of whole blood in return for a promise by the organization to furnish to the donor and the donor's immediate family, upon the happening of any illness or injury, benefits not exceeding one hundred dollars ($100) in value, payable either in cash or blood, shall not be deemed to be a contract of insurance within the meaning of this title. (2) Agreements made by colleges or universities operating accredited medical schools, or by hospitals or clinics operated by or affiliated with the college or university under which the college or university, hospital, or clinic binds itself to indemnify physicians, nurses, other professional employees or faculty, or medical, nursing or allied health students of the college or university for the legal liability of the physician, nurse, or other professional health care employee, or student for loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or health care liability in rendering professional service by the employee or student shall not be deemed to be contracts of insurance within the meaning of this title. The college or university making the agreements shall be required to establish and maintain a distinct reserve fund with which basic health care liability coverage will be provided in an amount at least equivalent to the existing basic Joint Underwriting Association aggregate annual level of coverage. (3) (A) A contract entered into between a tax preparation service company and a taxpayer providing for the tax preparation service company to pay the additional tax liability, penalties, or interest imposed by a taxing authority on the taxpayer as a result of an error of the tax preparation service is not a contract of insurance; provided, that the tax preparation service has secured coverage under a contractual liability insurance policy on a form approved by the commissioner and issued by an insurance company licensed in this state or a surety bond on a form approved by the commissioner and issued by an insurance company licensed in this state for a penal sum in an amount to be determined by the commissioner, which amount must be not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), with respect to the statewide operations of the tax preparation service and its franchisees engaged in the tax preparation business. In the alternative, the commissioner may accept a deposit of cash or securities in an amount not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000). The contractual liability insurance policy, bond, or deposit is subject to suit by this state and by a person who has a cause of action arising from a contract subject to this subdivision (b)(3). (B) The commissioner may promulgate rules and regulations necessary or appropriate to carry out subdivision (b)(3)(A), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Agreements made by a religious, charitable, or nonprofit corporation or association to accept donations of whole blood in return for a promise by the organization to furnish to the donor and the donor's immediate family, upon the happening of any illness or injury, benefits not exceeding one hundred dollars ($100) in value, payable either in cash or blood, shall not be deemed to be a contract of insurance within the meaning of this title.
(2) Agreements made by colleges or universities operating accredited medical schools, or by hospitals or clinics operated by or affiliated with the college or university under which the college or university, hospital, or clinic binds itself to indemnify physicians, nurses, other professional employees or faculty, or medical, nursing or allied health students of the college or university for the legal liability of the physician, nurse, or other professional health care employee, or student for loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or health care liability in rendering professional service by the employee or student shall not be deemed to be contracts of insurance within the meaning of this title. The college or university making the agreements shall be required to establish and maintain a distinct reserve fund with which basic health care liability coverage will be provided in an amount at least equivalent to the existing basic Joint Underwriting Association aggregate annual level of coverage.
(3) (A) A contract entered into between a tax preparation service company and a taxpayer providing for the tax preparation service company to pay the additional tax liability, penalties, or interest imposed by a taxing authority on the taxpayer as a result of an error of the tax preparation service is not a contract of insurance; provided, that the tax preparation service has secured coverage under a contractual liability insurance policy on a form approved by the commissioner and issued by an insurance company licensed in this state or a surety bond on a form approved by the commissioner and issued by an insurance company licensed in this state for a penal sum in an amount to be determined by the commissioner, which amount must be not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), with respect to the statewide operations of the tax preparation service and its franchisees engaged in the tax preparation business. In the alternative, the commissioner may accept a deposit of cash or securities in an amount not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000). The contractual liability insurance policy, bond, or deposit is subject to suit by this state and by a person who has a cause of action arising from a contract subject to this subdivision (b)(3). (B) The commissioner may promulgate rules and regulations necessary or appropriate to carry out subdivision (b)(3)(A), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(A) A contract entered into between a tax preparation service company and a taxpayer providing for the tax preparation service company to pay the additional tax liability, penalties, or interest imposed by a taxing authority on the taxpayer as a result of an error of the tax preparation service is not a contract of insurance; provided, that the tax preparation service has secured coverage under a contractual liability insurance policy on a form approved by the commissioner and issued by an insurance company licensed in this state or a surety bond on a form approved by the commissioner and issued by an insurance company licensed in this state for a penal sum in an amount to be determined by the commissioner, which amount must be not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000), with respect to the statewide operations of the tax preparation service and its franchisees engaged in the tax preparation business. In the alternative, the commissioner may accept a deposit of cash or securities in an amount not less than one hundred thousand dollars ($100,000), but not more than five hundred thousand dollars ($500,000). The contractual liability insurance policy, bond, or deposit is subject to suit by this state and by a person who has a cause of action arising from a contract subject to this subdivision (b)(3).
(B) The commissioner may promulgate rules and regulations necessary or appropriate to carry out subdivision (b)(3)(A), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 640,s 1, eff. 7/1/2024.
Acts 1895, ch. 160, § 2; 1899, ch. 31, § 1; Shan., § 3275; Code 1932, § 6085; Acts 1957, ch. 248, § 1; impl. am. Acts 1975, ch. 68, § 1; 1976, ch. 769, § 3; 1979, ch. 269, § 1; T.C.A. (orig. ed.), § 56-1101; Acts 1981, ch. 415, § 14; 2005, ch. 274, §§ 1, 2; 2012 , ch. 798, § 19.
Tenn. Code Ann. § 56-28-117 — TN Code / Title 56 / Chapter 28 / Section 56-28-117
Fees and taxes
Status: in_force

Every corporation or its agents, subject to this chapter, are subject to the fees and taxes prescribed for life, health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the service corporations. Acts 1945, ch. 98, § 15; C. Supp. 1950, § 4186.15; T.C.A. (orig. ed.), § 56-3017.
Every corporation or its agents, subject to this chapter, are subject to the fees and taxes prescribed for life, health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of the service corporations.
Acts 1945, ch. 98, § 15; C. Supp. 1950, § 4186.15; T.C.A. (orig. ed.), § 56-3017.
Tenn. Code Ann. § 56-21-103 — TN Code / Title 56 / Chapter 21 / Section 56-21-103
Interest and dividends from guaranty capital securities to subscribers - Dividends on paid-up shares
Status: in_force

Every mutual fire insurance company organized with a guaranty capital may allow its subscribers all the interest and dividends accruing from the guaranty capital securities, according to the amount paid in or deposited by the respective guarantors, and, in addition, may pay the guarantors dividends of not exceeding six percent (6%) per annum on their respective paid-up shares; provided, that the surplus at the end of each year, over and above all liabilities, including reinsurance reserve and guaranty capital, is sufficient to pay the dividends. Acts 1907, ch. 461, § 3; Shan., § 3369a7; Acts 1921, ch. 160, § 3; Code 1932, § 6258; T.C.A. (orig. ed.), § 56-2005.
Every mutual fire insurance company organized with a guaranty capital may allow its subscribers all the interest and dividends accruing from the guaranty capital securities, according to the amount paid in or deposited by the respective guarantors, and, in addition, may pay the guarantors dividends of not exceeding six percent (6%) per annum on their respective paid-up shares; provided, that the surplus at the end of each year, over and above all liabilities, including reinsurance reserve and guaranty capital, is sufficient to pay the dividends.
Acts 1907, ch. 461, § 3; Shan., § 3369a7; Acts 1921, ch. 160, § 3; Code 1932, § 6258; T.C.A. (orig. ed.), § 56-2005.
Tenn. Code Ann. § 56-1-304 — TN Code / Title 56 / Chapter 1 / Section 56-1-304
Director as member of each board - Notice to director of meetings
Status: in_force

(a) The director or the director's duly authorized representative shall be an ex officio, nonvoting member of each board attached to the department, and shall be entitled to attend all meetings of the boards. (b) Each board shall advise the director of any meetings at which official action will be taken at least forty-eight (48) hours prior to the meeting, unless the director expressly waives the requirement. Acts 1978, ch. 906, § 2; modified; T.C.A., § 56-145.
(a) The director or the director's duly authorized representative shall be an ex officio, nonvoting member of each board attached to the department, and shall be entitled to attend all meetings of the boards.
(b) Each board shall advise the director of any meetings at which official action will be taken at least forty-eight (48) hours prior to the meeting, unless the director expressly waives the requirement.
Acts 1978, ch. 906, § 2; modified; T.C.A., § 56-145.
Tenn. Code Ann. § 56-51-120 — TN Code / Title 56 / Chapter 51 / Section 56-51-120
Validity of noncomplying contracts
Status: in_force

(a) Any prepaid limited health services contract rider, endorsement, attachment, or addendum otherwise valid that contains any condition or provision not in compliance with the requirements of this chapter is not thereby rendered invalid, but must be construed and applied in accordance with the conditions and provisions as they would have applied had the contract, rider, endorsement, attachment, or addendum been in full compliance with this chapter. If an organization issues or delivers any contract for an amount that exceeds any limitations otherwise provided in this chapter, the organization is liable to the subscriber or the subscriber's beneficiary for the full amount stated in the contract in addition to any other penalties that may be imposed under this chapter. (b) Any prepaid limited health services contract delivered or issued for delivery in this state covering a subscriber, which subscriber pursuant to this chapter the organization may not lawfully cover under the contract, is cancelable at any time by the organization, any provision of the contract to the contrary notwithstanding, and the organization must promptly cancel the contract in accordance with the request of the department for cancellation. No illegality or cancellation may be deemed to relieve the organization of any liability incurred by it under the contract while in force or to prohibit the organization from retaining the pro rata earned premium or rate on the contract. This subsection (b) does not relieve the organization from any penalty otherwise incurred by the organization under this chapter for any such violation. Acts 2000, ch. 948, § 20.
(a) Any prepaid limited health services contract rider, endorsement, attachment, or addendum otherwise valid that contains any condition or provision not in compliance with the requirements of this chapter is not thereby rendered invalid, but must be construed and applied in accordance with the conditions and provisions as they would have applied had the contract, rider, endorsement, attachment, or addendum been in full compliance with this chapter. If an organization issues or delivers any contract for an amount that exceeds any limitations otherwise provided in this chapter, the organization is liable to the subscriber or the subscriber's beneficiary for the full amount stated in the contract in addition to any other penalties that may be imposed under this chapter.
(b) Any prepaid limited health services contract delivered or issued for delivery in this state covering a subscriber, which subscriber pursuant to this chapter the organization may not lawfully cover under the contract, is cancelable at any time by the organization, any provision of the contract to the contrary notwithstanding, and the organization must promptly cancel the contract in accordance with the request of the department for cancellation. No illegality or cancellation may be deemed to relieve the organization of any liability incurred by it under the contract while in force or to prohibit the organization from retaining the pro rata earned premium or rate on the contract. This subsection (b) does not relieve the organization from any penalty otherwise incurred by the organization under this chapter for any such violation.
Acts 2000, ch. 948, § 20.
Tenn. Code Ann. § 56-20-102 — TN Code / Title 56 / Chapter 20 / Section 56-20-102
Policy provisions
Status: in_force

The directors of every corporation subject to this chapter shall issue policies of insurance, signed by its president and secretary, agreeing in the name of the corporation to pay all damages, not exceeding the amount insured, which shall not be more than five thousand dollars ($5,000) on any one (1) risk, done to dwelling houses, barns and their contents, and other property not more hazardous and buildings not more hazardous, in cities or villages, and their contents, during the time mentioned in the policy. Every policy issued shall have attached to it a printed copy of the bylaws and regulations of the corporation. Acts 1895, ch. 220, § 3; Shan., § 3356; Code 1932, § 6238; T.C.A. (orig. ed.), § 56-1902.
The directors of every corporation subject to this chapter shall issue policies of insurance, signed by its president and secretary, agreeing in the name of the corporation to pay all damages, not exceeding the amount insured, which shall not be more than five thousand dollars ($5,000) on any one (1) risk, done to dwelling houses, barns and their contents, and other property not more hazardous and buildings not more hazardous, in cities or villages, and their contents, during the time mentioned in the policy. Every policy issued shall have attached to it a printed copy of the bylaws and regulations of the corporation.
Acts 1895, ch. 220, § 3; Shan., § 3356; Code 1932, § 6238; T.C.A. (orig. ed.), § 56-1902.
Tenn. Code Ann. § 56-6-102 — TN Code / Title 56 / Chapter 6 / Section 56-6-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Crop insurance" means insurance providing protection against damage to crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation, disease, or other yield-reducing conditions or perils provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation, including multi-peril crop insurance; (4) "Department" means the department of commerce and insurance; (5) "Home state" means any state or territory of the United States and the District of Columbia in which an insurance producer maintains a principal place of residence or principal place of business and is licensed to act as an insurance producer; (6) "Insurance" means any of the lines of authority in § 56-2-201 ; (7) "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance; (8) "Insurer" means any insurance company authorized to transact insurance business in this state; (9) "License" means a document issued by this state's commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent or inherent, in the holder to represent or commit an insurance carrier; (10) "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (gap) insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance; (11) "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group or individual policy; (12) "Limited lines insurance" means those lines of insurance defined in § 56-6-110 or any other line of insurance that the commissioner deems necessary to recognize for the purposes of complying with § 56-6-108(e) ; (13) "Limited lines producer" means a person authorized by the commissioner to sell, solicit or negotiate limited lines insurance; (14) "NAIC" means the National Association of Insurance Commissioners; (15) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract; provided, that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers; (16) "Person" means an individual or a business entity; (17) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company; (18) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company; (19) "Surplus lines producer" means a person authorized by the commissioner to sell, solicit or negotiate surplus lines insurance pursuant to the Surplus Lines Insurance Act, compiled in chapter 14 of this title. The person shall have the same authority given to a surplus lines agent licensed under the Surplus Lines Insurance Act; (20) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance; (21) "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing; and (22) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities. Amended by 2019 Tenn. Acts, ch. 354,s 1, eff. 5/10/2019. Acts 2002, ch. 798, § 3.
As used in this part, unless the context otherwise requires:
(1) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Crop insurance" means insurance providing protection against damage to crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation, disease, or other yield-reducing conditions or perils provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation, including multi-peril crop insurance;
(4) "Department" means the department of commerce and insurance;
(5) "Home state" means any state or territory of the United States and the District of Columbia in which an insurance producer maintains a principal place of residence or principal place of business and is licensed to act as an insurance producer;
(6) "Insurance" means any of the lines of authority in § 56-2-201 ;
(7) "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance;
(8) "Insurer" means any insurance company authorized to transact insurance business in this state;
(9) "License" means a document issued by this state's commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent or inherent, in the holder to represent or commit an insurance carrier;
(10) "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (gap) insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance;
(11) "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group or individual policy;
(12) "Limited lines insurance" means those lines of insurance defined in § 56-6-110 or any other line of insurance that the commissioner deems necessary to recognize for the purposes of complying with § 56-6-108(e) ;
(13) "Limited lines producer" means a person authorized by the commissioner to sell, solicit or negotiate limited lines insurance;
(14) "NAIC" means the National Association of Insurance Commissioners;
(15) "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract; provided, that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers;
(16) "Person" means an individual or a business entity;
(17) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company;
(18) "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company;
(19) "Surplus lines producer" means a person authorized by the commissioner to sell, solicit or negotiate surplus lines insurance pursuant to the Surplus Lines Insurance Act, compiled in chapter 14 of this title. The person shall have the same authority given to a surplus lines agent licensed under the Surplus Lines Insurance Act;
(20) "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance;
(21) "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing; and
(22) "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities.
Amended by 2019 Tenn. Acts, ch. 354,s 1, eff. 5/10/2019.
Acts 2002, ch. 798, § 3.
Tenn. Code Ann. § 56-3-112 — TN Code / Title 56 / Chapter 3 / Section 56-3-112
[Repealed]
Status: repealed

Acts 1980, ch. 503, § 1; 1995, ch. 363, § 9; repealed by Acts 2012 , ch. 680, § 3, effective 7/1/2012.
Tenn. Code Ann. § 56-55-115 — TN Code / Title 56 / Chapter 55 / Section 56-55-115
Sale of warranties only authorized as part of vehicle protection product
Status: in_force

Nothing in this chapter shall authorize the sale of warranties, as defined in § 56-55-102 , except as part of a vehicle protection product. Acts 2005, ch. 244, § 16.
Nothing in this chapter shall authorize the sale of warranties, as defined in § 56-55-102 , except as part of a vehicle protection product.
Acts 2005, ch. 244, § 16.
Tenn. Code Ann. § 56-10-201 — TN Code / Title 56 / Chapter 10 / Section 56-10-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Control" means actual working control, in whatever manner exercised. If, as a result of the consummation of any acquisition, any person would own in excess of ten percent (10%) of the voting security of a domestic insurer, it shall be presumed that the person could, directly or indirectly, acquire control of the insurer. Any such presumption may be rebutted by evidence, at a hearing called by the commissioner at the request of the person against whom the presumption operates, but the presumption shall continue until a determination to the contrary is made; (3) "Domestic insurance company" means: (A) An insurance company incorporated under the laws of this state; (B) An insurance company having its principal office or place of business in this state; or (C) An "insurance holding company system," as defined in § 56-11-101 , having its principal office or place of business in this state or that controls an insurance company incorporated under the laws of this state; and (4) (A) A corporation shall be deemed a "person"; and (B) When two (2) or more persons act as a partnership, limited partnership, syndicate, or other group for the purposes of acquiring securities of the insurer, the group shall be deemed a "person," and the information called for by § 56-10-202(a)(1)-(5) shall be given with respect to each member of the group. Acts 1969, ch. 271, § 2; impl. am. Acts 1971, ch. 137, § 2; Acts 1979, ch. 315, § 2; T.C.A., § 56-3613.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Control" means actual working control, in whatever manner exercised. If, as a result of the consummation of any acquisition, any person would own in excess of ten percent (10%) of the voting security of a domestic insurer, it shall be presumed that the person could, directly or indirectly, acquire control of the insurer. Any such presumption may be rebutted by evidence, at a hearing called by the commissioner at the request of the person against whom the presumption operates, but the presumption shall continue until a determination to the contrary is made;
(3) "Domestic insurance company" means: (A) An insurance company incorporated under the laws of this state; (B) An insurance company having its principal office or place of business in this state; or (C) An "insurance holding company system," as defined in § 56-11-101 , having its principal office or place of business in this state or that controls an insurance company incorporated under the laws of this state; and
(A) An insurance company incorporated under the laws of this state;
(B) An insurance company having its principal office or place of business in this state; or
(C) An "insurance holding company system," as defined in § 56-11-101 , having its principal office or place of business in this state or that controls an insurance company incorporated under the laws of this state; and
(4) (A) A corporation shall be deemed a "person"; and (B) When two (2) or more persons act as a partnership, limited partnership, syndicate, or other group for the purposes of acquiring securities of the insurer, the group shall be deemed a "person," and the information called for by § 56-10-202(a)(1)-(5) shall be given with respect to each member of the group.
(A) A corporation shall be deemed a "person"; and
(B) When two (2) or more persons act as a partnership, limited partnership, syndicate, or other group for the purposes of acquiring securities of the insurer, the group shall be deemed a "person," and the information called for by § 56-10-202(a)(1)-(5) shall be given with respect to each member of the group.
Acts 1969, ch. 271, § 2; impl. am. Acts 1971, ch. 137, § 2; Acts 1979, ch. 315, § 2; T.C.A., § 56-3613.
Tenn. Code Ann. § 56-4-220 — TN Code / Title 56 / Chapter 4 / Section 56-4-220
Exemption of life insurance and annuity premiums
Status: in_force

(a) The rate of taxation shall be zero (0) on all premiums or considerations under life insurance policies or annuity contracts issued in connection with any pension plan, annuity plan or profit-sharing plan qualified for federal income tax advantages under the Internal Revenue Code of 1954, part I, subchapter D, subtitle A ( 26 U.S.C. § 401 et seq.), or to any trust qualified for income tax advantages under the Internal Revenue Code of 1954, § 501(a) ( 26 U.S.C. § 501(a) ). (b) This section is declared to be remedial in nature and to that end shall apply to all such life insurance policies, annuity contracts or trusts occurring on or after January 1, 1988. Acts 1988, ch. 1038, §§ 1, 2.
(a) The rate of taxation shall be zero (0) on all premiums or considerations under life insurance policies or annuity contracts issued in connection with any pension plan, annuity plan or profit-sharing plan qualified for federal income tax advantages under the Internal Revenue Code of 1954, part I, subchapter D, subtitle A ( 26 U.S.C. § 401 et seq.), or to any trust qualified for income tax advantages under the Internal Revenue Code of 1954, § 501(a) ( 26 U.S.C. § 501(a) ).
(b) This section is declared to be remedial in nature and to that end shall apply to all such life insurance policies, annuity contracts or trusts occurring on or after January 1, 1988.
Acts 1988, ch. 1038, §§ 1, 2.
Tenn. Code Ann. § 56-47-103 — TN Code / Title 56 / Chapter 47 / Section 56-47-103
Fraudulent insurance acts
Status: in_force

(a) Any person who, knowingly and with intent to defraud, and for the purpose of depriving another of property or for pecuniary gain, commits or participates in or permits its employees or its agents to commit any of the following acts, has committed a fraudulent insurance act: (1) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured, insurer, claimant or applicant to an insurer or insurance professional in connection with an insurance transaction any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) The application for, rating of or renewal of, any insurance policy; (ii) A claim for payment or benefit pursuant to any insurance policy; or (iii) Payments made in accordance with the terms of any insurance policy; (2) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, to or by an insurer or insurance professional in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact, concerning any of the following: (i) The solicitation for sale of any insurance policy or purported insurance policy; (ii) An application for certificate of authority; or (iii) The financial condition of any insurer; (3) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer; (4) Removes the assets or records of assets, transactions and affairs or the material part of the assets or records of assets, transactions and affairs from the home office or other place of business of the insurer, or from the place of safekeeping of the insurer, or destroys or sequesters the same from the department of commerce and insurance; (5) Diverts, misappropriates, converts or embezzles funds of an insurer, an insured, claimant or applicant for insurance in connection with: (i) An insurance transaction; or (ii) The conduct of business activities by an insurer or insurance professional; or (6) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured or insurer, or insurance professional, to a claimant or any other person in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) A claim for payment or benefit pursuant to any insurance policy; or (ii) Payments made in accordance with the terms of any insurance policy. (b) It is unlawful for any person to commit, or to attempt to commit, or to aid, assist, abet or solicit another to commit, or to conspire to commit a fraudulent insurance act. (c) A practitioner violates this section only if the practitioner has been engaged in conduct that constitutes a pattern or practice of violation of this section. (d) It is unlawful for an employer subject to the Workers' Compensation Law, compiled in title 50, chapter 6, to intentionally fail to secure payment of compensation by providing workers' compensation insurance coverage or by qualifying as a self-insurer pursuant to the workers' compensation law. Acts 1996, ch. 944, § 48; 2000, ch. 852, § 10.
(a) Any person who, knowingly and with intent to defraud, and for the purpose of depriving another of property or for pecuniary gain, commits or participates in or permits its employees or its agents to commit any of the following acts, has committed a fraudulent insurance act: (1) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured, insurer, claimant or applicant to an insurer or insurance professional in connection with an insurance transaction any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) The application for, rating of or renewal of, any insurance policy; (ii) A claim for payment or benefit pursuant to any insurance policy; or (iii) Payments made in accordance with the terms of any insurance policy; (2) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, to or by an insurer or insurance professional in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact, concerning any of the following: (i) The solicitation for sale of any insurance policy or purported insurance policy; (ii) An application for certificate of authority; or (iii) The financial condition of any insurer; (3) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer; (4) Removes the assets or records of assets, transactions and affairs or the material part of the assets or records of assets, transactions and affairs from the home office or other place of business of the insurer, or from the place of safekeeping of the insurer, or destroys or sequesters the same from the department of commerce and insurance; (5) Diverts, misappropriates, converts or embezzles funds of an insurer, an insured, claimant or applicant for insurance in connection with: (i) An insurance transaction; or (ii) The conduct of business activities by an insurer or insurance professional; or (6) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured or insurer, or insurance professional, to a claimant or any other person in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) A claim for payment or benefit pursuant to any insurance policy; or (ii) Payments made in accordance with the terms of any insurance policy.
(1) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured, insurer, claimant or applicant to an insurer or insurance professional in connection with an insurance transaction any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) The application for, rating of or renewal of, any insurance policy; (ii) A claim for payment or benefit pursuant to any insurance policy; or (iii) Payments made in accordance with the terms of any insurance policy;
(i) The application for, rating of or renewal of, any insurance policy;
(ii) A claim for payment or benefit pursuant to any insurance policy; or
(iii) Payments made in accordance with the terms of any insurance policy;
(2) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, to or by an insurer or insurance professional in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact, concerning any of the following: (i) The solicitation for sale of any insurance policy or purported insurance policy; (ii) An application for certificate of authority; or (iii) The financial condition of any insurer;
(i) The solicitation for sale of any insurance policy or purported insurance policy;
(ii) An application for certificate of authority; or
(iii) The financial condition of any insurer;
(3) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer;
(4) Removes the assets or records of assets, transactions and affairs or the material part of the assets or records of assets, transactions and affairs from the home office or other place of business of the insurer, or from the place of safekeeping of the insurer, or destroys or sequesters the same from the department of commerce and insurance;
(5) Diverts, misappropriates, converts or embezzles funds of an insurer, an insured, claimant or applicant for insurance in connection with: (i) An insurance transaction; or (ii) The conduct of business activities by an insurer or insurance professional; or
(i) An insurance transaction; or
(ii) The conduct of business activities by an insurer or insurance professional; or
(6) Presents, causes to be presented or prepares with knowledge or belief that it will be presented, by or on behalf of an insured or insurer, or insurance professional, to a claimant or any other person in connection with an insurance transaction, any information that contains false representations as to any material fact, or that withholds or conceals a material fact concerning any of the following: (i) A claim for payment or benefit pursuant to any insurance policy; or (ii) Payments made in accordance with the terms of any insurance policy.
(i) A claim for payment or benefit pursuant to any insurance policy; or
(ii) Payments made in accordance with the terms of any insurance policy.
(b) It is unlawful for any person to commit, or to attempt to commit, or to aid, assist, abet or solicit another to commit, or to conspire to commit a fraudulent insurance act.
(c) A practitioner violates this section only if the practitioner has been engaged in conduct that constitutes a pattern or practice of violation of this section.
(d) It is unlawful for an employer subject to the Workers' Compensation Law, compiled in title 50, chapter 6, to intentionally fail to secure payment of compensation by providing workers' compensation insurance coverage or by qualifying as a self-insurer pursuant to the workers' compensation law.
Acts 1996, ch. 944, § 48; 2000, ch. 852, § 10.
Tenn. Code Ann. § 56-31-108 — TN Code / Title 56 / Chapter 31 / Section 56-31-108
Agreements with participating optometrists
Status: in_force

A vision service plan corporation may enter into agreements with optometrists qualified as set out in this chapter, under the terms of which the optometrists may become participating optometrists in a plan operated by the corporation, and may make payments to the optometrists that have accrued to them by reason of services performed by them under the plan on behalf of the corporation. Acts 1969, ch. 118, § 9; T.C.A., § 56-3708.
A vision service plan corporation may enter into agreements with optometrists qualified as set out in this chapter, under the terms of which the optometrists may become participating optometrists in a plan operated by the corporation, and may make payments to the optometrists that have accrued to them by reason of services performed by them under the plan on behalf of the corporation.
Acts 1969, ch. 118, § 9; T.C.A., § 56-3708.
Tenn. Code Ann. § 56-10-301 — TN Code / Title 56 / Chapter 10 / Section 56-10-301
Reporting required - Procedures
Status: in_force

(a) Every insurer domiciled in this state shall file a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements unless the acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements have been submitted to the commissioner for review, approval or information purposes pursuant to other provisions of the insurance laws, regulations, or other requirements. (b) The report required by subsection (a) is due within fifteen (15) days after the end of the calendar month in which any of the transactions listed in subsection (a) occur. (c) One (1) complete copy of the report, including any exhibits or other attachments, shall be filed with: (1) The insurance department of the insurer's state of domicile; and (2) The National Association of Insurance Commissioners. (d) All reports obtained by or disclosed to the commissioner pursuant to this part shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer who would be affected notice and an opportunity to be heard pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, determines that the interest of policyholders, shareholders or the public will be served by publication, in which event the commissioner may publish all or any part in the manner the commissioner may deem appropriate. Acts 1995, ch. 363, § 3.
(a) Every insurer domiciled in this state shall file a report with the commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements unless the acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements have been submitted to the commissioner for review, approval or information purposes pursuant to other provisions of the insurance laws, regulations, or other requirements.
(b) The report required by subsection (a) is due within fifteen (15) days after the end of the calendar month in which any of the transactions listed in subsection (a) occur.
(c) One (1) complete copy of the report, including any exhibits or other attachments, shall be filed with: (1) The insurance department of the insurer's state of domicile; and (2) The National Association of Insurance Commissioners.
(1) The insurance department of the insurer's state of domicile; and
(2) The National Association of Insurance Commissioners.
(d) All reports obtained by or disclosed to the commissioner pursuant to this part shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer who would be affected notice and an opportunity to be heard pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, determines that the interest of policyholders, shareholders or the public will be served by publication, in which event the commissioner may publish all or any part in the manner the commissioner may deem appropriate.
Acts 1995, ch. 363, § 3.
Tenn. Code Ann. § 56-37-110 — TN Code / Title 56 / Chapter 37 / Section 56-37-110
Cancellation - Notice
Status: in_force

(a) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless the cancellation is effectuated in accordance with this section. (b) Not less than ten (10) days' written notice shall be mailed to the insured, at the insured's last known address as shown on the records of the premium finance company, of the intent of the premium finance company to cancel the insurance contract unless the default is cured within the ten-day period; provided, that if a default results from the refusal of a bank to honor a loan repayment check, the default shall be treated as a request of the insured for cancellation and the premium finance company shall not be required to provide an additional ten (10) days' written notice to the insured. (c) After expiration of the ten-day period, the premium finance company may thereafter cancel the insurance contract or contracts by mailing to the insurer a notice of cancellation. The insurance contract shall be cancelled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a notice of cancellation to the insured at the insured's last known address as shown on the records of the premium finance company. (d) All statutory, regulatory and contractual restrictions providing that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee or other third party shall apply where cancellation is effected under this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee or other third party on or before the second business day after the day it receives the notice of cancellation, taking into consideration the number of days' notice required to complete the cancellation. Acts 1980, ch. 920, § 10.
(a) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless the cancellation is effectuated in accordance with this section.
(b) Not less than ten (10) days' written notice shall be mailed to the insured, at the insured's last known address as shown on the records of the premium finance company, of the intent of the premium finance company to cancel the insurance contract unless the default is cured within the ten-day period; provided, that if a default results from the refusal of a bank to honor a loan repayment check, the default shall be treated as a request of the insured for cancellation and the premium finance company shall not be required to provide an additional ten (10) days' written notice to the insured.
(c) After expiration of the ten-day period, the premium finance company may thereafter cancel the insurance contract or contracts by mailing to the insurer a notice of cancellation. The insurance contract shall be cancelled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a notice of cancellation to the insured at the insured's last known address as shown on the records of the premium finance company.
(d) All statutory, regulatory and contractual restrictions providing that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee or other third party shall apply where cancellation is effected under this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee or other third party on or before the second business day after the day it receives the notice of cancellation, taking into consideration the number of days' notice required to complete the cancellation.
Acts 1980, ch. 920, § 10.
Tenn. Code Ann. § 56-19-110 — TN Code / Title 56 / Chapter 19 / Section 56-19-110
Policy provisions
Status: in_force

The mutual company may insert in any form of policy prescribed by the law of this state any provisions or conditions required by its plan of insurance that are not inconsistent or in conflict with any law of this state. The policy, in lieu of conforming to the language and form prescribed by the law, may conform thereto in substance, if the policy includes a provision or endorsement reciting that the policy shall be construed as if in the language and form prescribed by the law, and a copy of the policy and endorsement, if any, has been first filed with, and has not been disapproved by, the commissioner. Acts 1919, ch. 108, § 15; Shan. Supp., § 3369a58b21; Code 1932, § 6333; T.C.A. (orig. ed.), § 56-1710.
The mutual company may insert in any form of policy prescribed by the law of this state any provisions or conditions required by its plan of insurance that are not inconsistent or in conflict with any law of this state. The policy, in lieu of conforming to the language and form prescribed by the law, may conform thereto in substance, if the policy includes a provision or endorsement reciting that the policy shall be construed as if in the language and form prescribed by the law, and a copy of the policy and endorsement, if any, has been first filed with, and has not been disapproved by, the commissioner.
Acts 1919, ch. 108, § 15; Shan. Supp., § 3369a58b21; Code 1932, § 6333; T.C.A. (orig. ed.), § 56-1710.
Tenn. Code Ann. § 56-6-510 — TN Code / Title 56 / Chapter 6 / Section 56-6-510
Compliance with part - When required
Status: in_force

No insurer may continue to utilize the services of an MGA on and after July 1, 1991, unless the utilization is in compliance with this part. Acts 1991, ch. 142, § 7.
No insurer may continue to utilize the services of an MGA on and after July 1, 1991, unless the utilization is in compliance with this part.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-52-108 — TN Code / Title 56 / Chapter 52 / Section 56-52-108
Charitable gift annuity - Proposed agreement form
Status: in_force

(a) No form of a charitable gift annuity shall be issued in this state without the approval of the commissioner. The commissioner shall, within thirty (30) days of the filing of a charitable gift annuity, approve or disapprove the proposed agreement forms and shall notify the charitable organization as soon as practicable. If the commissioner does not disapprove the proposed agreement forms within the thirty-day period, the forms shall be deemed approved. (b) Each annuity agreement form shall include the following information: (1) The value of the property to be transferred; (2) The amount of the annuity to be paid to the donor or other annuitant; (3) The manner in which and the intervals at which payment is to be made; (4) The age and sex of the person or persons during whose life payment is to be made; (5) The reasonable value as of the date of the agreement of the benefits created as calculated using methodology approved by the internal revenue service; and (6) The date the payments are to begin. Acts 2008, ch. 831, §§ 1, 9.
(a) No form of a charitable gift annuity shall be issued in this state without the approval of the commissioner. The commissioner shall, within thirty (30) days of the filing of a charitable gift annuity, approve or disapprove the proposed agreement forms and shall notify the charitable organization as soon as practicable. If the commissioner does not disapprove the proposed agreement forms within the thirty-day period, the forms shall be deemed approved.
(b) Each annuity agreement form shall include the following information: (1) The value of the property to be transferred; (2) The amount of the annuity to be paid to the donor or other annuitant; (3) The manner in which and the intervals at which payment is to be made; (4) The age and sex of the person or persons during whose life payment is to be made; (5) The reasonable value as of the date of the agreement of the benefits created as calculated using methodology approved by the internal revenue service; and (6) The date the payments are to begin.
(1) The value of the property to be transferred;
(2) The amount of the annuity to be paid to the donor or other annuitant;
(3) The manner in which and the intervals at which payment is to be made;
(4) The age and sex of the person or persons during whose life payment is to be made;
(5) The reasonable value as of the date of the agreement of the benefits created as calculated using methodology approved by the internal revenue service; and
(6) The date the payments are to begin.
Acts 2008, ch. 831, §§ 1, 9.
Tenn. Code Ann. § 56-2-411 — TN Code / Title 56 / Chapter 2 / Section 56-2-411
Citizens procuring insurance with foreign companies - Liability for taxes
Status: in_force

(a) Under §§ 56-2-409 , 56-2-410 , and this section are also included citizens of this state procuring and holding insurance contracts or policies on the types of coverage listed in § 56-2-201 upon property situated or located in this state in companies not authorized to transact business in this state. (b) The procuring or accepting policies or contracts of the insurance from unauthorized companies or associations makes every citizen of this state, including industrial insureds as defined in § 56-2-105(7) , holding the contracts or policies liable for taxes, the same as if procured through a surplus lines agent. The taxes shall be paid at the same time, in the same manner, and at the same rate as the tax levied on surplus lines insurance in §§ 56-14-106 and 56-14-113 . Amended by 2016 Tenn. Acts, ch. 735, s 3, eff. 4/7/2016. Amended by 2015 Tenn. Acts, ch. 155, s 3, eff. 4/17/2015. Acts 1899, ch. 430, § 5; Shan., § 3369a63; Code 1932, § 6345; T.C.A. (orig. ed.), §§ 56-318, 56-240.
(a) Under §§ 56-2-409 , 56-2-410 , and this section are also included citizens of this state procuring and holding insurance contracts or policies on the types of coverage listed in § 56-2-201 upon property situated or located in this state in companies not authorized to transact business in this state.
(b) The procuring or accepting policies or contracts of the insurance from unauthorized companies or associations makes every citizen of this state, including industrial insureds as defined in § 56-2-105(7) , holding the contracts or policies liable for taxes, the same as if procured through a surplus lines agent. The taxes shall be paid at the same time, in the same manner, and at the same rate as the tax levied on surplus lines insurance in §§ 56-14-106 and 56-14-113 .
Amended by 2016 Tenn. Acts, ch. 735, s 3, eff. 4/7/2016.
Amended by 2015 Tenn. Acts, ch. 155, s 3, eff. 4/17/2015.
Acts 1899, ch. 430, § 5; Shan., § 3369a63; Code 1932, § 6345; T.C.A. (orig. ed.), §§ 56-318, 56-240.
Tenn. Code Ann. § 56-32-110 — TN Code / Title 56 / Chapter 32 / Section 56-32-110
[Repealed]
Status: repealed

Acts 1986, ch. 713, §10; 1997 , ch. 416, § 1; T.C.A. §56-32-210, repealed by Acts 2010 , ch. 980, § 27, effective 1/1/2011.
Tenn. Code Ann. § 56-2-401 — TN Code / Title 56 / Chapter 2 / Section 56-2-401
Alien government controlled companies excluded - Definition
Status: in_force

(a) Any insurance company or other insurance entity that is financially owned or financially controlled by any alien or foreign government outside the continental limits of the United States or the territories of the United States is prohibited from doing any kind of insurance business in this state. (b) For the purposes of this section and §§ 56-2-402 - 56-2-404, "alien or foreign government" means any foreign government or any state, province, municipality, or political subdivision of any foreign government, but does not apply to any insurance company organized under the laws of a foreign nation that is financially owned or financially controlled by the private citizens or private business interests of the foreign nation. Acts 1955, ch. 3, § 1; T.C.A., §§ 56-323, 56-228.
(a) Any insurance company or other insurance entity that is financially owned or financially controlled by any alien or foreign government outside the continental limits of the United States or the territories of the United States is prohibited from doing any kind of insurance business in this state.
(b) For the purposes of this section and §§ 56-2-402 - 56-2-404, "alien or foreign government" means any foreign government or any state, province, municipality, or political subdivision of any foreign government, but does not apply to any insurance company organized under the laws of a foreign nation that is financially owned or financially controlled by the private citizens or private business interests of the foreign nation.
Acts 1955, ch. 3, § 1; T.C.A., §§ 56-323, 56-228.
Tenn. Code Ann. § 56-15-102 — TN Code / Title 56 / Chapter 15 / Section 56-15-102
Guaranty corporation may become sole surety on bonds
Status: in_force

Whenever any recognizance, stipulation, bond or undertaking, conditioned for the faithful performance of any duty, or for doing or refraining from doing anything in the recognizance, stipulation, bond or undertaking specified, is by law required or permitted to be given with one (1) surety, or with two (2) or more sureties, for execution of the same or the guaranteeing of the performance of the condition thereof, it shall be sufficient when executed or guaranteed solely by a corporation incorporated under the laws of the United States, of this state, or any state, having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings; provided, that the recognizance, stipulation, bond or undertaking shall be approved by the head of the department, court, judge, officer, board or body executive, legislative or judicial required to approve or accept the recognizance, stipulation, bond or undertaking. No officer or person having the approval of any bond shall exact that it shall be furnished by a guaranty company, or by any particular guaranty company. Acts 1895, ch. 175, § 1; Shan., § 2214; Code 1932, § 3946; T.C.A. (orig. ed.), § 56-1402.
Whenever any recognizance, stipulation, bond or undertaking, conditioned for the faithful performance of any duty, or for doing or refraining from doing anything in the recognizance, stipulation, bond or undertaking specified, is by law required or permitted to be given with one (1) surety, or with two (2) or more sureties, for execution of the same or the guaranteeing of the performance of the condition thereof, it shall be sufficient when executed or guaranteed solely by a corporation incorporated under the laws of the United States, of this state, or any state, having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings; provided, that the recognizance, stipulation, bond or undertaking shall be approved by the head of the department, court, judge, officer, board or body executive, legislative or judicial required to approve or accept the recognizance, stipulation, bond or undertaking. No officer or person having the approval of any bond shall exact that it shall be furnished by a guaranty company, or by any particular guaranty company.
Acts 1895, ch. 175, § 1; Shan., § 2214; Code 1932, § 3946; T.C.A. (orig. ed.), § 56-1402.
Tenn. Code Ann. § 56-54-106 — TN Code / Title 56 / Chapter 54 / Section 56-54-106
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 7; 2012 , ch. 798, §§ 32, 33.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 7; 2012 , ch. 798, §§ 32, 33.
Tenn. Code Ann. § 56-10-107 — TN Code / Title 56 / Chapter 10 / Section 56-10-107
Articles of merger or consolidation - Agreement of exchange of stock
Status: in_force

(a) After the plan of merger or consolidation is approved by the shareholders of each constituent corporation, appropriate articles of merger or consolidation shall be executed by the president or any vice president and the secretary or any assistant secretary of each such corporation and filed in triplicate with the commissioner. If the articles of merger or consolidation show that the plan of merger or consolidation has been duly approved by the shareholders of each constituent corporation, as required in § 56-10-105 , and otherwise conforms to the law, the commissioner shall endorse approval on each copy of the articles, shall record one (1) copy in the commissioner's office as provided in § 56-1-604 , and shall return the other two (2) copies to the domestic company for filing and recording with the secretary of state and the register of that county in which the surviving or consolidated company has its principal office, in the same manner as provided for certificates of incorporation. (b) After the plan of exchange of stock is approved by the shareholders of the domestic company and the acquiring corporation, an appropriate agreement of exchange shall be executed by the president or any vice president and the secretary or any assistant secretary of each such corporation and filed in triplicate with the commissioner. If the agreement shows that the plan of exchange has been duly approved by the shareholders of the domestic company and the acquiring corporation as required by § 56-10-105 and otherwise conforms to the law, the commissioner shall endorse approval on each copy thereof, shall record one (1) copy in the commissioner's office, as provided in § 56-1-604 , and shall return one (1) copy to the domestic company and to the acquiring corporation. Acts 1968, ch. 448, § 3; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3607.
(a) After the plan of merger or consolidation is approved by the shareholders of each constituent corporation, appropriate articles of merger or consolidation shall be executed by the president or any vice president and the secretary or any assistant secretary of each such corporation and filed in triplicate with the commissioner. If the articles of merger or consolidation show that the plan of merger or consolidation has been duly approved by the shareholders of each constituent corporation, as required in § 56-10-105 , and otherwise conforms to the law, the commissioner shall endorse approval on each copy of the articles, shall record one (1) copy in the commissioner's office as provided in § 56-1-604 , and shall return the other two (2) copies to the domestic company for filing and recording with the secretary of state and the register of that county in which the surviving or consolidated company has its principal office, in the same manner as provided for certificates of incorporation.
(b) After the plan of exchange of stock is approved by the shareholders of the domestic company and the acquiring corporation, an appropriate agreement of exchange shall be executed by the president or any vice president and the secretary or any assistant secretary of each such corporation and filed in triplicate with the commissioner. If the agreement shows that the plan of exchange has been duly approved by the shareholders of the domestic company and the acquiring corporation as required by § 56-10-105 and otherwise conforms to the law, the commissioner shall endorse approval on each copy thereof, shall record one (1) copy in the commissioner's office, as provided in § 56-1-604 , and shall return one (1) copy to the domestic company and to the acquiring corporation.
Acts 1968, ch. 448, § 3; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3607.
Tenn. Code Ann. § 56-30-109 — TN Code / Title 56 / Chapter 30 / Section 56-30-109
Agreements with participating dentists
Status: in_force

A dental service plan corporation may enter into agreements with dentists qualified as set out in this chapter, under the terms of which the dentists may become participating dentists in a plan operated by the corporation, and may make payments to the dentists as shall have accrued to them by reason of services performed by them under the plan on behalf of the corporation. Acts 1961, ch. 340, § 9; T.C.A., § 56-3509.
A dental service plan corporation may enter into agreements with dentists qualified as set out in this chapter, under the terms of which the dentists may become participating dentists in a plan operated by the corporation, and may make payments to the dentists as shall have accrued to them by reason of services performed by them under the plan on behalf of the corporation.
Acts 1961, ch. 340, § 9; T.C.A., § 56-3509.
Tenn. Code Ann. § 56-7-2403 — TN Code / Title 56 / Chapter 7 / Section 56-7-2403
Applicability and scope of Sections 56-7-2401 and 56-7-2402
Status: in_force

(a) Sections 56-7-2401 and 56-7-2402 are not applicable to any policy or policies of insurance issued in this state prior to June 1, 1965, nor shall any part of §§ 56-7-2401 and 56-7-2402 be construed as enlarging the scope of practice of optometry or podiatry or the requiring of any insurance policy, medical service plan, hospital service contract or hospital and medical service contract to provide for visual care services or foot care services. (b) The provisions of this section relating to podiatric services apply to all contracts, plans or policies issued or renewed on or after July 1, 1981. Acts 1965, ch. 357, § 4a; T.C.A., § 56-1147; Acts 1981, ch. 168, §§ 6, 7, 10; 1992, ch. 984, § 2; T.C.A. § 56-7-110 .
(a) Sections 56-7-2401 and 56-7-2402 are not applicable to any policy or policies of insurance issued in this state prior to June 1, 1965, nor shall any part of §§ 56-7-2401 and 56-7-2402 be construed as enlarging the scope of practice of optometry or podiatry or the requiring of any insurance policy, medical service plan, hospital service contract or hospital and medical service contract to provide for visual care services or foot care services.
(b) The provisions of this section relating to podiatric services apply to all contracts, plans or policies issued or renewed on or after July 1, 1981.
Acts 1965, ch. 357, § 4a; T.C.A., § 56-1147; Acts 1981, ch. 168, §§ 6, 7, 10; 1992, ch. 984, § 2; T.C.A. § 56-7-110 .
Tenn. Code Ann. § 56-13-119 — TN Code / Title 56 / Chapter 13 / Section 56-13-119
Authority for expenditure of public funds
Status: in_force

Any municipality, metropolitan government, county, authority, utility district, or other public body generally classified as a governmental body or governmental entity, whether organized by private act or public act of the general assembly, or otherwise, or any agency, board, or commission of any municipality, metropolitan government, county, authority, utility district, or other public body generally classified as a governmental body or governmental entity, may expend public funds other than local tax revenues for the purchase of capital stock in a captive insurance company or to provide guaranty capital in a mutual captive insurance company; provided, that at the time of authorization of expenditure of public funds adequate insurance markets in the United States are not available to cover the risks, hazards and liabilities of the public body or that the needed coverage is only available at excessive rates or with unreasonable deductibles. Acts 2011, ch. 468, § 1.
Any municipality, metropolitan government, county, authority, utility district, or other public body generally classified as a governmental body or governmental entity, whether organized by private act or public act of the general assembly, or otherwise, or any agency, board, or commission of any municipality, metropolitan government, county, authority, utility district, or other public body generally classified as a governmental body or governmental entity, may expend public funds other than local tax revenues for the purchase of capital stock in a captive insurance company or to provide guaranty capital in a mutual captive insurance company; provided, that at the time of authorization of expenditure of public funds adequate insurance markets in the United States are not available to cover the risks, hazards and liabilities of the public body or that the needed coverage is only available at excessive rates or with unreasonable deductibles.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-27-130 — TN Code / Title 56 / Chapter 27 / Section 56-27-130
Mailing list of physicians and surgeons to subscribers
Status: in_force

Every medical service plan corporation shall mail annually to each subscriber a list of the names and addresses of all of the physicians and surgeons in the county of the subscriber's residence, who have agreements with the corporation to act as participating physicians. Acts 1945, ch. 113, § 20; C. Supp. 1950, § 4186.36 (Williams, § 4186.37); T.C.A. (orig. ed.), § 56-2930.
Every medical service plan corporation shall mail annually to each subscriber a list of the names and addresses of all of the physicians and surgeons in the county of the subscriber's residence, who have agreements with the corporation to act as participating physicians.
Acts 1945, ch. 113, § 20; C. Supp. 1950, § 4186.36 (Williams, § 4186.37); T.C.A. (orig. ed.), § 56-2930.
Tenn. Code Ann. § 56-20-101 — TN Code / Title 56 / Chapter 20 / Section 56-20-101
Documents filed with commissioner
Status: in_force

Every mutual or assessment fire insurance company shall file with the commissioner of commerce and insurance a properly certified copy of its charter or articles of incorporation, together with a sworn statement of three (3) of the incorporators that bona fide agreements have been entered into for the insurance of property of an amount not less than fifty thousand dollars ($50,000), and of the nature and class stated in this chapter. Acts 1895, ch. 220, § 2; Shan., § 3355; Code 1932, § 6237; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1901.
Every mutual or assessment fire insurance company shall file with the commissioner of commerce and insurance a properly certified copy of its charter or articles of incorporation, together with a sworn statement of three (3) of the incorporators that bona fide agreements have been entered into for the insurance of property of an amount not less than fifty thousand dollars ($50,000), and of the nature and class stated in this chapter.
Acts 1895, ch. 220, § 2; Shan., § 3355; Code 1932, § 6237; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1901.
Tenn. Code Ann. § 56-10-101 — TN Code / Title 56 / Chapter 10 / Section 56-10-101
Right to merge, consolidate or exchange stock
Status: in_force

By complying with this chapter, a domestic stock insurance company, referred to in this chapter as the "domestic company," may effect: (1) A merger or consolidation with one (1) or more domestic stock insurance companies, or with one (1) or more foreign stock insurance companies, if the merger or consolidation is authorized by the laws of the state under which each such foreign company is organized; or (2) An exchange of all the outstanding stock of its shareholders with a domestic stock corporation, or with a foreign stock corporation authorized to do business in this state, if the exchange is authorized by the laws of the state under which the foreign corporation is organized, the domestic or foreign corporation being referred to in this chapter as the "acquiring corporation," which acquiring corporation pays or provides the following consideration: (A) Shares of stock or other securities issued by the acquiring corporation; (B) Cash; (C) Other consideration; or (D) Any combination of such stock or other securities, cash or other consideration. Acts 1968, ch. 448, § 1; T.C.A., § 56-3601.
By complying with this chapter, a domestic stock insurance company, referred to in this chapter as the "domestic company," may effect:
(1) A merger or consolidation with one (1) or more domestic stock insurance companies, or with one (1) or more foreign stock insurance companies, if the merger or consolidation is authorized by the laws of the state under which each such foreign company is organized; or
(2) An exchange of all the outstanding stock of its shareholders with a domestic stock corporation, or with a foreign stock corporation authorized to do business in this state, if the exchange is authorized by the laws of the state under which the foreign corporation is organized, the domestic or foreign corporation being referred to in this chapter as the "acquiring corporation," which acquiring corporation pays or provides the following consideration: (A) Shares of stock or other securities issued by the acquiring corporation; (B) Cash; (C) Other consideration; or (D) Any combination of such stock or other securities, cash or other consideration.
(A) Shares of stock or other securities issued by the acquiring corporation;
(B) Cash;
(C) Other consideration; or
(D) Any combination of such stock or other securities, cash or other consideration.
Acts 1968, ch. 448, § 1; T.C.A., § 56-3601.
Tenn. Code Ann. § 56-30-121 — TN Code / Title 56 / Chapter 30 / Section 56-30-121
Orders of commissioner - Publication of regulations - Rates
Status: in_force

After the issuance of a certificate of authority, the commissioner shall be empowered to issue the orders or to publish regulations as may be necessary for the proper enforcement of this chapter as the commissioner deems to be in the public interest. The published regulations of the commissioner will have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly. Acts 1961, ch. 340, § 20; T.C.A., § 56-3521.
After the issuance of a certificate of authority, the commissioner shall be empowered to issue the orders or to publish regulations as may be necessary for the proper enforcement of this chapter as the commissioner deems to be in the public interest. The published regulations of the commissioner will have the effect of statute, and shall include, in particular, powers of regulating the form of subscription contracts and requirements of the contracts and prohibited provisions in the contracts, and all other matters requiring further definition or clarification within the requirements of this chapter. The commissioner has the authority to regulate rates as required by statutes now in force or hereinafter enacted by the general assembly.
Acts 1961, ch. 340, § 20; T.C.A., § 56-3521.