Tenn. Code Ann. § 56-35-102 — TN Code / Title 56 / Chapter 35 / Section 56-35-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Associate" includes any: (A) Employee of a producer of title insurance business; (B) Spouse or relative within the second degree by blood or marriage of a producer of title insurance business or of an associate of a producer of title insurance business; (C) Person who has a financial interest in a producer of title insurance business or in an associate of a producer of title insurance business; (D) Person in whom a producer of title insurance or an associate of a producer of title insurance business has a financial interest; (E) Organized for profit business in which a producer of title insurance business or an associate of a producer of title insurance business is a director, officer, partner or employee; (F) Corporation making consolidated returns for United States income tax purposes with any producer of title insurance business or with any associate of a producer of title insurance business; or (G) Person with whom a producer of title insurance business or an associate of a producer of title insurance business has any agreement, arrangement or understanding, or pursues any course of conduct designed to evade this chapter; (2) "Commissioner" means the commissioner of commerce and insurance, and includes all deputies legally appointed and constituted to act in the commissioner's place and stead by other applicable law of the state; (3) "Controlled business" describes that portion of a title insurance company's, title insurance agent's or title insurance agency's business in this state with which there is connected in any way, directly or indirectly: (A) Producers of title insurance business who have financial interests in the title insurance company, title insurance agent or title insurance agency; (B) Associates of the producers; or (C) Associates who have financial interests in the title insurance company, title insurance agent or title insurance agency; (4) "Financial interest" means any interest, legal or beneficial, such that the holder is or will be entitled to a share of the net profits or net worth of the business in which the interest is held; (5) "Person" means an individual, firm, association, partnership, estate, trust, fiduciary, syndicate or corporation; (6) "Policy" means any instrument, contract or agreement whereby and whereunder title insurance companies insure or guarantee titles to real property, or interests therein, or liens or encumbrances on the property, as defined in subdivision (11); (7) "Producer of title insurance business" means: (A) The insured or one (1) of the insureds under a policy of title insurance, except that, if the interest of the insured is held in a fiduciary capacity, the true or beneficial owner of the interest shall be deemed the insured for the purposes of this definition; or (B) Any person engaged in the trade, business, occupation or profession of: (i) Buying, selling, or leasing, or brokering or acting as agent in the buying, selling or leasing of interests in real property; (ii) Making, brokering or acting as agent in the making of loans secured by interests in real property; (iii) Building or developing for sale or lease real property, either improved or unimproved; (iv) Providing escrow or closing services in connection with the transfer of interests in real property or the making of loans secured by interests in real property, other than as a title insurance agent or a title insurance agency, or as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; or (v) Practicing law, other than as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; (8) "Risk rate" means the aggregate consideration paid, or to be paid, to a title insurance company for the insurance liability assumed under the policy of title insurance, or binder therefor, issued and delivered, or proposed to be issued and delivered, by the company, exclusive of all other charges incident to the issuance of the binder or policy for abstracting, record searching, certificates as to the record title to real estate, escrow and closing services, or other related services that may be offered by any title insurance or guaranty company and which company is authorized by law and its charter to perform, or the company's costs and expenses of procuring examinations of titles by attorneys approved or selected by it for such purpose; (9) "Title insurance agency" means a firm, association, trust, corporation, cooperative, joint stock company or other legal entity authorized in writing by a title insurance company to solicit title insurance, collect premiums, determine insurability in accordance with the underwriting rules and standards prescribed by the title insurance company that the agency represents, and issue title insurance policies, title insurance binders, commitments to insure and endorsements thereto in its behalf; (10) "Title insurance agent" means either: (A) A natural person who meets the requirements of or performs the same functions as a "title insurance agency"; provided, that "title insurance agent" does not include officers and salaried employees of any title insurance company; or (B) A member, officer or employee of a title insurance agency who exercises the powers and performs the duties of the agency; (11) "Title insurance business" means the insuring or guaranteeing of titles to real property, or interests in real property, or the validity, accuracy or sufficiency of liens or encumbrances on real property; provided, that nothing contained in this chapter shall make it necessary for any corporation making abstracts of title, certifying to the correctness of abstracts of title, issuing certificates as to the record title to real estate, or furnishing information regarding title to real estate, to comply with this chapter, when the information does not take the form of, and is not, in fact, an insurance of the title to real estate, or interest in real estate, or of the liens or other encumbrances; and (12) "Title insurance company" means any corporation, foreign or domestic, authorized by its charter to conduct a "title insurance business" as defined by this chapter and is sometimes referred to as "insurer" or "insurers." Acts 1955, ch. 173, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3402; Acts 1980, ch. 857, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Associate" includes any: (A) Employee of a producer of title insurance business; (B) Spouse or relative within the second degree by blood or marriage of a producer of title insurance business or of an associate of a producer of title insurance business; (C) Person who has a financial interest in a producer of title insurance business or in an associate of a producer of title insurance business; (D) Person in whom a producer of title insurance or an associate of a producer of title insurance business has a financial interest; (E) Organized for profit business in which a producer of title insurance business or an associate of a producer of title insurance business is a director, officer, partner or employee; (F) Corporation making consolidated returns for United States income tax purposes with any producer of title insurance business or with any associate of a producer of title insurance business; or (G) Person with whom a producer of title insurance business or an associate of a producer of title insurance business has any agreement, arrangement or understanding, or pursues any course of conduct designed to evade this chapter;
(A) Employee of a producer of title insurance business;
(B) Spouse or relative within the second degree by blood or marriage of a producer of title insurance business or of an associate of a producer of title insurance business;
(C) Person who has a financial interest in a producer of title insurance business or in an associate of a producer of title insurance business;
(D) Person in whom a producer of title insurance or an associate of a producer of title insurance business has a financial interest;
(E) Organized for profit business in which a producer of title insurance business or an associate of a producer of title insurance business is a director, officer, partner or employee;
(F) Corporation making consolidated returns for United States income tax purposes with any producer of title insurance business or with any associate of a producer of title insurance business; or
(G) Person with whom a producer of title insurance business or an associate of a producer of title insurance business has any agreement, arrangement or understanding, or pursues any course of conduct designed to evade this chapter;
(2) "Commissioner" means the commissioner of commerce and insurance, and includes all deputies legally appointed and constituted to act in the commissioner's place and stead by other applicable law of the state;
(3) "Controlled business" describes that portion of a title insurance company's, title insurance agent's or title insurance agency's business in this state with which there is connected in any way, directly or indirectly: (A) Producers of title insurance business who have financial interests in the title insurance company, title insurance agent or title insurance agency; (B) Associates of the producers; or (C) Associates who have financial interests in the title insurance company, title insurance agent or title insurance agency;
(A) Producers of title insurance business who have financial interests in the title insurance company, title insurance agent or title insurance agency;
(B) Associates of the producers; or
(C) Associates who have financial interests in the title insurance company, title insurance agent or title insurance agency;
(4) "Financial interest" means any interest, legal or beneficial, such that the holder is or will be entitled to a share of the net profits or net worth of the business in which the interest is held;
(5) "Person" means an individual, firm, association, partnership, estate, trust, fiduciary, syndicate or corporation;
(6) "Policy" means any instrument, contract or agreement whereby and whereunder title insurance companies insure or guarantee titles to real property, or interests therein, or liens or encumbrances on the property, as defined in subdivision (11);
(7) "Producer of title insurance business" means: (A) The insured or one (1) of the insureds under a policy of title insurance, except that, if the interest of the insured is held in a fiduciary capacity, the true or beneficial owner of the interest shall be deemed the insured for the purposes of this definition; or (B) Any person engaged in the trade, business, occupation or profession of: (i) Buying, selling, or leasing, or brokering or acting as agent in the buying, selling or leasing of interests in real property; (ii) Making, brokering or acting as agent in the making of loans secured by interests in real property; (iii) Building or developing for sale or lease real property, either improved or unimproved; (iv) Providing escrow or closing services in connection with the transfer of interests in real property or the making of loans secured by interests in real property, other than as a title insurance agent or a title insurance agency, or as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; or (v) Practicing law, other than as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency;
(A) The insured or one (1) of the insureds under a policy of title insurance, except that, if the interest of the insured is held in a fiduciary capacity, the true or beneficial owner of the interest shall be deemed the insured for the purposes of this definition; or
(B) Any person engaged in the trade, business, occupation or profession of: (i) Buying, selling, or leasing, or brokering or acting as agent in the buying, selling or leasing of interests in real property; (ii) Making, brokering or acting as agent in the making of loans secured by interests in real property; (iii) Building or developing for sale or lease real property, either improved or unimproved; (iv) Providing escrow or closing services in connection with the transfer of interests in real property or the making of loans secured by interests in real property, other than as a title insurance agent or a title insurance agency, or as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; or (v) Practicing law, other than as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency;
(i) Buying, selling, or leasing, or brokering or acting as agent in the buying, selling or leasing of interests in real property;
(ii) Making, brokering or acting as agent in the making of loans secured by interests in real property;
(iii) Building or developing for sale or lease real property, either improved or unimproved;
(iv) Providing escrow or closing services in connection with the transfer of interests in real property or the making of loans secured by interests in real property, other than as a title insurance agent or a title insurance agency, or as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency; or
(v) Practicing law, other than as a full-time employee of a title insurance company, a title insurance agent or a title insurance agency;
(8) "Risk rate" means the aggregate consideration paid, or to be paid, to a title insurance company for the insurance liability assumed under the policy of title insurance, or binder therefor, issued and delivered, or proposed to be issued and delivered, by the company, exclusive of all other charges incident to the issuance of the binder or policy for abstracting, record searching, certificates as to the record title to real estate, escrow and closing services, or other related services that may be offered by any title insurance or guaranty company and which company is authorized by law and its charter to perform, or the company's costs and expenses of procuring examinations of titles by attorneys approved or selected by it for such purpose;
(9) "Title insurance agency" means a firm, association, trust, corporation, cooperative, joint stock company or other legal entity authorized in writing by a title insurance company to solicit title insurance, collect premiums, determine insurability in accordance with the underwriting rules and standards prescribed by the title insurance company that the agency represents, and issue title insurance policies, title insurance binders, commitments to insure and endorsements thereto in its behalf;
(10) "Title insurance agent" means either: (A) A natural person who meets the requirements of or performs the same functions as a "title insurance agency"; provided, that "title insurance agent" does not include officers and salaried employees of any title insurance company; or (B) A member, officer or employee of a title insurance agency who exercises the powers and performs the duties of the agency;
(A) A natural person who meets the requirements of or performs the same functions as a "title insurance agency"; provided, that "title insurance agent" does not include officers and salaried employees of any title insurance company; or
(B) A member, officer or employee of a title insurance agency who exercises the powers and performs the duties of the agency;
(11) "Title insurance business" means the insuring or guaranteeing of titles to real property, or interests in real property, or the validity, accuracy or sufficiency of liens or encumbrances on real property; provided, that nothing contained in this chapter shall make it necessary for any corporation making abstracts of title, certifying to the correctness of abstracts of title, issuing certificates as to the record title to real estate, or furnishing information regarding title to real estate, to comply with this chapter, when the information does not take the form of, and is not, in fact, an insurance of the title to real estate, or interest in real estate, or of the liens or other encumbrances; and
(12) "Title insurance company" means any corporation, foreign or domestic, authorized by its charter to conduct a "title insurance business" as defined by this chapter and is sometimes referred to as "insurer" or "insurers."
Acts 1955, ch. 173, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3402; Acts 1980, ch. 857, § 1.
Tenn. Code Ann. § 56-28-113 — TN Code / Title 56 / Chapter 28 / Section 56-28-113
Examination - Rehabilitation or liquidation
Status: in_force

The commissioner has the same authority to examine the service corporations as is granted the commissioner for the examination of life, accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of the service corporations as is now provided by law for life, accident and health companies. Acts 1945, ch. 98, § 11; C. Supp. 1950, § 4186.11; T.C.A. (orig. ed.), § 56-3013.
The commissioner has the same authority to examine the service corporations as is granted the commissioner for the examination of life, accident and health insurance companies, and has the same authority for the correction, rehabilitation or liquidation of the service corporations as is now provided by law for life, accident and health companies.
Acts 1945, ch. 98, § 11; C. Supp. 1950, § 4186.11; T.C.A. (orig. ed.), § 56-3013.
Tenn. Code Ann. § 56-16-202 — TN Code / Title 56 / Chapter 16 / Section 56-16-202
Deposit to be maintained - Required amount
Status: in_force

The attorney shall maintain on deposit with the department an equal amount in cash or in value of securities as required by § 56-2-104(a)(4) . Acts 1990, ch. 728, § 2; T.C.A. § 56-16-302.
The attorney shall maintain on deposit with the department an equal amount in cash or in value of securities as required by § 56-2-104(a)(4) .
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-302.
Tenn. Code Ann. § 56-11-203 — TN Code / Title 56 / Chapter 11 / Section 56-11-203
Risk management framework required
Status: in_force

An insurer or health maintenance organization shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer or health maintenance organization is a member maintains a risk management framework applicable to the operations of the insurer or health maintenance organization. Acts 2014, ch. 583, § 26.
An insurer or health maintenance organization shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer or health maintenance organization is a member maintains a risk management framework applicable to the operations of the insurer or health maintenance organization.
Acts 2014, ch. 583, § 26.
Tenn. Code Ann. § 56-7-2320 — TN Code / Title 56 / Chapter 7 / Section 56-7-2320
Medicare eligibility as affecting coverage - Persons who may claim conversion privilege
Status: in_force

(a) The converted policy may provide for reduction of coverage on any person upon the person's eligibility for coverage under medicare under Title XVIII of the federal Social Security Act ( 42 U.S.C. § 1395 et seq.), or under any other state or federal law providing for benefits similar to those provided by the converted policy. (b) Subject to the conditions set forth in subsection (a), the conversion privilege shall also be available to: (1) The surviving spouse, if any, at the death of the employee or member, with respect to the spouse and the children whose coverage under the group policy terminates by reason of the death, otherwise to each surviving child whose coverage under the group policy terminates by reason of the death, or, if the group policy provides for continuation of dependents' coverage following the employee's or member's death, at the end of the continuation; (2) The spouse of the employee or member upon termination of coverage of the spouse, while the employee or member remains insured under the group policy, by reason of ceasing to be a qualified family member under the group policy, with respect to the spouse and the children whose coverage under the group policy terminates at the same time; (3) A child, solely with respect to the child, upon termination of the child's coverage by reason of ceasing to be a qualified family member under the group policy, if a conversion privilege is not otherwise provided with respect to the termination; and (4) The spouse of the employee upon termination of coverage of the spouse by reason of termination of coverage of the employee or member because of eligibility for medicare. Acts 1980, ch. 537, § 1; 1992, ch. 984, § 1; T.C.A., § 56-7-1509.
(a) The converted policy may provide for reduction of coverage on any person upon the person's eligibility for coverage under medicare under Title XVIII of the federal Social Security Act ( 42 U.S.C. § 1395 et seq.), or under any other state or federal law providing for benefits similar to those provided by the converted policy.
(b) Subject to the conditions set forth in subsection (a), the conversion privilege shall also be available to: (1) The surviving spouse, if any, at the death of the employee or member, with respect to the spouse and the children whose coverage under the group policy terminates by reason of the death, otherwise to each surviving child whose coverage under the group policy terminates by reason of the death, or, if the group policy provides for continuation of dependents' coverage following the employee's or member's death, at the end of the continuation; (2) The spouse of the employee or member upon termination of coverage of the spouse, while the employee or member remains insured under the group policy, by reason of ceasing to be a qualified family member under the group policy, with respect to the spouse and the children whose coverage under the group policy terminates at the same time; (3) A child, solely with respect to the child, upon termination of the child's coverage by reason of ceasing to be a qualified family member under the group policy, if a conversion privilege is not otherwise provided with respect to the termination; and (4) The spouse of the employee upon termination of coverage of the spouse by reason of termination of coverage of the employee or member because of eligibility for medicare.
(1) The surviving spouse, if any, at the death of the employee or member, with respect to the spouse and the children whose coverage under the group policy terminates by reason of the death, otherwise to each surviving child whose coverage under the group policy terminates by reason of the death, or, if the group policy provides for continuation of dependents' coverage following the employee's or member's death, at the end of the continuation;
(2) The spouse of the employee or member upon termination of coverage of the spouse, while the employee or member remains insured under the group policy, by reason of ceasing to be a qualified family member under the group policy, with respect to the spouse and the children whose coverage under the group policy terminates at the same time;
(3) A child, solely with respect to the child, upon termination of the child's coverage by reason of ceasing to be a qualified family member under the group policy, if a conversion privilege is not otherwise provided with respect to the termination; and
(4) The spouse of the employee upon termination of coverage of the spouse by reason of termination of coverage of the employee or member because of eligibility for medicare.
Acts 1980, ch. 537, § 1; 1992, ch. 984, § 1; T.C.A., § 56-7-1509.
Tenn. Code Ann. § 56-9-508 — TN Code / Title 56 / Chapter 9 / Section 56-9-508
Commissioner's authority to adopt rules
Status: in_force

The commissioner is empowered to adopt reasonable rules necessary for the implementation of this chapter. Acts 1991, ch. 142, § 4.
The commissioner is empowered to adopt reasonable rules necessary for the implementation of this chapter.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-7-2361 — TN Code / Title 56 / Chapter 7 / Section 56-7-2361
Standardized pharmacy benefit identification card
Status: in_force

(a) Every health benefit plan that provides coverage for prescription drugs or devices or services, or administers such a plan, including, but not limited to, health maintenance organizations, third party administrators for self insured plans and state administered plans, shall issue to each insured a card or other technology containing standardized pharmacy benefit identification information. The card shall contain at a minimum the following information: (1) The health benefit plan's name and issuer identifier; (2) The American National Standards Institute Issuer Identification Number assigned to the administrator or pharmacy benefit manager of the plan, when required for proper claims adjudication; (3) The processor control number, when required for proper claims adjudication; (4) The insured's group number, when required for proper claims adjudication; (5) The insured's identification number; (6) The insured's name; and (7) (A) The names of all other persons included under the subscriber's coverage and individual identification number information if applicable and required for pharmacy claims processing; or (B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom the card is issued may be listed in lieu of the information required by subdivision (a)(7)(A). (b) This section does not require a health benefit plan to issue an identification card separate from any identification card issued to an enrollee to evidence coverage, under the health benefit plan, if the identification card contains the elements required by subsection (a). (c) The Health Insurance Portability and Accountability Act (HIPAA) adopted identifiers may be used in lieu of any element listed in subsection (a) at such time that use of such HIPAA identifier is adopted as the standard. (d) So as to ensure that insurance identification cards issued under this section contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card within a reasonable time whenever the American National Standards Institute Issuer Identification Number, the group number or the processor control number is changed. (e) As used in this section, "health benefit plan" means an accident and health insurance policy or certificate, a nonprofit hospital or medical service corporation contract, a health maintenance organization subscriber contract or a plan provided by a multiple employer welfare arrangement. Without limitation, "health benefit plan" does not mean any of the following types of insurance: (1) Accident; (2) Credit; (3) Disability income; (4) Specified disease coverage issued as a supplement; (5) Dental or vision; (6) Coverage issued as a supplement to liability insurance; (7) Medical payments under automobile or homeowners; (8) Insurance under which benefits are payable with or without regard to fault and this is statutorily required to be contained in any liability policy or equivalent self-insurance; (9) Hospital income or indemnity; or (10) Long-term care. Acts 2000, ch. 915, § 2.
(a) Every health benefit plan that provides coverage for prescription drugs or devices or services, or administers such a plan, including, but not limited to, health maintenance organizations, third party administrators for self insured plans and state administered plans, shall issue to each insured a card or other technology containing standardized pharmacy benefit identification information. The card shall contain at a minimum the following information: (1) The health benefit plan's name and issuer identifier; (2) The American National Standards Institute Issuer Identification Number assigned to the administrator or pharmacy benefit manager of the plan, when required for proper claims adjudication; (3) The processor control number, when required for proper claims adjudication; (4) The insured's group number, when required for proper claims adjudication; (5) The insured's identification number; (6) The insured's name; and (7) (A) The names of all other persons included under the subscriber's coverage and individual identification number information if applicable and required for pharmacy claims processing; or (B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom the card is issued may be listed in lieu of the information required by subdivision (a)(7)(A).
(1) The health benefit plan's name and issuer identifier;
(2) The American National Standards Institute Issuer Identification Number assigned to the administrator or pharmacy benefit manager of the plan, when required for proper claims adjudication;
(3) The processor control number, when required for proper claims adjudication;
(4) The insured's group number, when required for proper claims adjudication;
(5) The insured's identification number;
(6) The insured's name; and
(7) (A) The names of all other persons included under the subscriber's coverage and individual identification number information if applicable and required for pharmacy claims processing; or (B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom the card is issued may be listed in lieu of the information required by subdivision (a)(7)(A).
(A) The names of all other persons included under the subscriber's coverage and individual identification number information if applicable and required for pharmacy claims processing; or
(B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom the card is issued may be listed in lieu of the information required by subdivision (a)(7)(A).
(b) This section does not require a health benefit plan to issue an identification card separate from any identification card issued to an enrollee to evidence coverage, under the health benefit plan, if the identification card contains the elements required by subsection (a).
(c) The Health Insurance Portability and Accountability Act (HIPAA) adopted identifiers may be used in lieu of any element listed in subsection (a) at such time that use of such HIPAA identifier is adopted as the standard.
(d) So as to ensure that insurance identification cards issued under this section contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card within a reasonable time whenever the American National Standards Institute Issuer Identification Number, the group number or the processor control number is changed.
(e) As used in this section, "health benefit plan" means an accident and health insurance policy or certificate, a nonprofit hospital or medical service corporation contract, a health maintenance organization subscriber contract or a plan provided by a multiple employer welfare arrangement. Without limitation, "health benefit plan" does not mean any of the following types of insurance: (1) Accident; (2) Credit; (3) Disability income; (4) Specified disease coverage issued as a supplement; (5) Dental or vision; (6) Coverage issued as a supplement to liability insurance; (7) Medical payments under automobile or homeowners; (8) Insurance under which benefits are payable with or without regard to fault and this is statutorily required to be contained in any liability policy or equivalent self-insurance; (9) Hospital income or indemnity; or (10) Long-term care.
(1) Accident;
(2) Credit;
(3) Disability income;
(4) Specified disease coverage issued as a supplement;
(5) Dental or vision;
(6) Coverage issued as a supplement to liability insurance;
(7) Medical payments under automobile or homeowners;
(8) Insurance under which benefits are payable with or without regard to fault and this is statutorily required to be contained in any liability policy or equivalent self-insurance;
(9) Hospital income or indemnity; or
(10) Long-term care.
Acts 2000, ch. 915, § 2.
Tenn. Code Ann. § 56-2-120 — TN Code / Title 56 / Chapter 2 / Section 56-2-120
Insurers - Financial requirements - Hearings
Status: in_force

(a) In addition to the minimum requirements set out in §§ 56-2-114 and 56-2-115 , and notwithstanding any other law to the contrary, the commissioner may require, after notice and hearing, additional amounts so that an insurer's capital, surplus funds, or surplus as regards policyholders shall be reasonable in relation to the insurer's outstanding liabilities and premiums, and adequate to its financial needs. For purposes of this part, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and premiums and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's investment portfolio; (8) The surplus as regards policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The commissioner may treat the investments as a disallowed asset for purposes of determining the adequacy or surplus as regards policyholders whenever, in the commissioner's judgment, the investment so warrants. (b) Before the commissioner takes any action pursuant to this section, the commissioner shall give written notice to the insurer involved, stating specifically the nature of the alleged deficiency in capital and surplus. Within ten (10) days after receiving notice, the insurer may request a hearing, which shall be held within thirty (30) days of the request. The burden of proof shall be on the commissioner to show the inadequacy of capital and surplus by the preponderance of the evidence. After the hearing, or if the insurer fails to request a hearing, the commissioner, if the commissioner finds a deficiency, may enter an appropriate order under this section as the commissioner deems advisable. (c) When the commissioner takes action in any or all of the ways set out in this section, the party aggrieved may appeal from the action to the chancery court of Davidson County. Acts 1991, ch. 142, § 1.
(a) In addition to the minimum requirements set out in §§ 56-2-114 and 56-2-115 , and notwithstanding any other law to the contrary, the commissioner may require, after notice and hearing, additional amounts so that an insurer's capital, surplus funds, or surplus as regards policyholders shall be reasonable in relation to the insurer's outstanding liabilities and premiums, and adequate to its financial needs. For purposes of this part, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and premiums and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's investment portfolio; (8) The surplus as regards policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The commissioner may treat the investments as a disallowed asset for purposes of determining the adequacy or surplus as regards policyholders whenever, in the commissioner's judgment, the investment so warrants.
(1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria;
(2) The extent to which the insurer's business is diversified among the several lines of insurance;
(3) The number and size of risks insured in each line of business;
(4) The extent of the geographical dispersion of the insurer's insured risks;
(5) The nature and extent of the insurer's reinsurance program;
(6) The quality, diversification and liquidity of the insurer's investment portfolio;
(7) The recent past and projected future trend in the size of the insurer's investment portfolio;
(8) The surplus as regards policyholders maintained by other comparable insurers;
(9) The adequacy of the insurer's reserves; and
(10) The quality and liquidity of investments in affiliates. The commissioner may treat the investments as a disallowed asset for purposes of determining the adequacy or surplus as regards policyholders whenever, in the commissioner's judgment, the investment so warrants.
(b) Before the commissioner takes any action pursuant to this section, the commissioner shall give written notice to the insurer involved, stating specifically the nature of the alleged deficiency in capital and surplus. Within ten (10) days after receiving notice, the insurer may request a hearing, which shall be held within thirty (30) days of the request. The burden of proof shall be on the commissioner to show the inadequacy of capital and surplus by the preponderance of the evidence. After the hearing, or if the insurer fails to request a hearing, the commissioner, if the commissioner finds a deficiency, may enter an appropriate order under this section as the commissioner deems advisable.
(c) When the commissioner takes action in any or all of the ways set out in this section, the party aggrieved may appeal from the action to the chancery court of Davidson County.
Acts 1991, ch. 142, § 1.
Tenn. Code Ann. § 56-27-105 — TN Code / Title 56 / Chapter 27 / Section 56-27-105
Board of directors - Number - Qualifications - Nomination - Election - Compensation
Status: in_force

A medical service plan corporation shall consist of a board of directors and of members, grouped in reasonable classes as the bylaws of the corporation as approved by the commissioner shall provide. The business of the corporation shall be managed by a board of directors of nine (9) persons possessing the same general qualifications as the incorporators, and selected by the members in the manner set out in the bylaws, for three-year terms. Five (5) members of the board shall be licensed doctors of medicine, nominated by the medical societies having territorial jurisdiction in the county in which the corporation has authority to operate, and the other four (4) members shall be representatives of the subscribers in the areas involved, and shall be nominated by the members of the corporation, and all nine (9) members of the board shall be elected by the members of the corporation as provided in this section. Directors or board members shall serve without pay for their work in this capacity, but may receive payment for particular services actually rendered, such as legal counsel, medical or surgical service, accounting or other required services, upon specific approval of the board of directors, the approval being made a part of the minutes of the board of directors. Acts 1945, ch. 113, § 4; C. Supp. 1950, § 4186.21; T.C.A. (orig. ed.), § 56-2905.
A medical service plan corporation shall consist of a board of directors and of members, grouped in reasonable classes as the bylaws of the corporation as approved by the commissioner shall provide. The business of the corporation shall be managed by a board of directors of nine (9) persons possessing the same general qualifications as the incorporators, and selected by the members in the manner set out in the bylaws, for three-year terms. Five (5) members of the board shall be licensed doctors of medicine, nominated by the medical societies having territorial jurisdiction in the county in which the corporation has authority to operate, and the other four (4) members shall be representatives of the subscribers in the areas involved, and shall be nominated by the members of the corporation, and all nine (9) members of the board shall be elected by the members of the corporation as provided in this section. Directors or board members shall serve without pay for their work in this capacity, but may receive payment for particular services actually rendered, such as legal counsel, medical or surgical service, accounting or other required services, upon specific approval of the board of directors, the approval being made a part of the minutes of the board of directors.
Acts 1945, ch. 113, § 4; C. Supp. 1950, § 4186.21; T.C.A. (orig. ed.), § 56-2905.
Tenn. Code Ann. § 56-40-102 — TN Code / Title 56 / Chapter 40 / Section 56-40-102
Registration requirements
Status: in_force

(a) The registration requirements of this chapter include, but are not limited to: (1) The employer's name and insurance federal employer identification number; (2) The total number of employees covered by the employee welfare benefit plan; (3) The size of the insurance reserve fund under the plan; (4) An attached copy of insurance benefits provided to employees and their dependents under the plan; and (5) An attached copy of any indemnity supplemental insurance that insures the plan benefits, with disclosure of the point at which the indemnity insurance begins coverage of those plan benefits. (b) Registrations shall be filed and received in the office of the department of commerce and insurance no later than twelve o'clock (12:00) midnight of January 31 of each year. Acts 1987, ch. 365, § 2.
(a) The registration requirements of this chapter include, but are not limited to: (1) The employer's name and insurance federal employer identification number; (2) The total number of employees covered by the employee welfare benefit plan; (3) The size of the insurance reserve fund under the plan; (4) An attached copy of insurance benefits provided to employees and their dependents under the plan; and (5) An attached copy of any indemnity supplemental insurance that insures the plan benefits, with disclosure of the point at which the indemnity insurance begins coverage of those plan benefits.
(1) The employer's name and insurance federal employer identification number;
(2) The total number of employees covered by the employee welfare benefit plan;
(3) The size of the insurance reserve fund under the plan;
(4) An attached copy of insurance benefits provided to employees and their dependents under the plan; and
(5) An attached copy of any indemnity supplemental insurance that insures the plan benefits, with disclosure of the point at which the indemnity insurance begins coverage of those plan benefits.
(b) Registrations shall be filed and received in the office of the department of commerce and insurance no later than twelve o'clock (12:00) midnight of January 31 of each year.
Acts 1987, ch. 365, § 2.
Tenn. Code Ann. § 56-3-202 — TN Code / Title 56 / Chapter 3 / Section 56-3-202
Contracts made by resident agent
Status: in_force

Sections 56-3-201 and 56-3-203 do not apply to solicitations, offers, or contracts that are taken or made directly by a duly licensed resident agent. Acts 1973, ch. 253, § 2; T.C.A., § 56-353.
Sections 56-3-201 and 56-3-203 do not apply to solicitations, offers, or contracts that are taken or made directly by a duly licensed resident agent.
Acts 1973, ch. 253, § 2; T.C.A., § 56-353.
Tenn. Code Ann. § 56-51-102 — TN Code / Title 56 / Chapter 51 / Section 56-51-102
Chapter definitions
Status: in_force

As used in this chapter, the term: (1) "Capitation" means the fixed amount paid by a prepaid limited health service organization to a health care provider under contract with the prepaid limited health service organization in exchange for the rendering of covered limited health services; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Department" means the department of commerce and insurance; (4) "Enrollee" means an individual, including dependents, who is entitled to limited health services pursuant to a contract, or any other evidence of coverage, with a health maintenance organization, licensed pursuant to chapter 32 of this title, or a contract with a state or federal agency; (5) "Evidence of coverage" means the certificate, agreement, membership card, or contract issued pursuant to this chapter setting forth the coverage to which an enrollee is entitled through a health maintenance organization licensed pursuant to chapter 32 of this title or a state or federal agency; (6) "Insolvent" means that all the statutory assets of the prepaid limited health service organization, if made immediately available, would not be sufficient to discharge all of its statutory liabilities or that the prepaid limited health service organization is unable to pay its debts as they become due in the usual course of business; (7) "Limited health service" means dental care services, vision care services, mental health services, substance abuse services, and pharmaceutical services. "Limited health service" does not include inpatient, hospital surgical services, or emergency services except as the services are provided incident to the limited health services set forth in this subdivision (7). However, "limited health service" does not exclude inpatient mental health or inpatient substance abuse services; (8) "Prepaid limited health service contract" means any contract entered into by a prepaid limited health service organization with a health maintenance organization or a state or federal agency to provide limited health services in exchange for a prepaid per capita or prepaid aggregate fixed sum; (9) "Prepaid limited health service organization" means any person, corporation, partnership, or any other entity that, in return for a prepayment from a health maintenance organization or a state or federal agency, undertakes to provide or arrange for, or provide access to, the provision of a limited health service to enrollees through an exclusive panel of providers. A "prepaid limited health service organization" may not contract with individuals, but only through a health maintenance organization or a state or federal agency. This shall not limit the organization from contracting with providers to provide contracted services. "Prepaid limited health service organization" does not include: (A) An entity otherwise authorized pursuant to the laws of this state to indemnify for any limited health service; (B) A provider or entity when providing limited health services pursuant to a contract with a prepaid limited health service organization, a health maintenance organization, a health insurer, or a self-insurance plan; or (C) Any person who, in exchange for fees, dues, charges or other consideration, provides access to a limited health service provider without assuming any responsibility for payment for the limited health service or any portion of the limited health service; (10) "Provider" means, but is not limited to, any physician, dentist, health facility, or other person or institution that is duly licensed in this state to deliver limited health services; (11) "Qualified independent actuary" means an actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and who has experience in establishing rates for limited health services and who has no financial or employment interest in the prepaid limited health service organization; (12) "Reporting period" means the annual accounting period or fiscal year, or any part of the accounting period or fiscal year, of the prepaid limited health service organization. The calendar year shall be the fiscal year for each prepaid limited health service organization; (13) "Subscriber" means an individual on whose behalf a contract or arrangement has been entered into with a prepaid limited health service organization for health care services or other persons who also receive health care services as a result of the contract; (14) "Surplus notes" means debt that has been subordinated to all claims of subscribers and general creditors of the organization and the debt instrument shall so state; (15) "Statutory accounting principles" means generally accepted accounting principles, except as modified by this chapter; and (16) "Working capital" means current assets minus current liabilities. Acts 2000, ch. 948, § 2.
As used in this chapter, the term:
(1) "Capitation" means the fixed amount paid by a prepaid limited health service organization to a health care provider under contract with the prepaid limited health service organization in exchange for the rendering of covered limited health services;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Department" means the department of commerce and insurance;
(4) "Enrollee" means an individual, including dependents, who is entitled to limited health services pursuant to a contract, or any other evidence of coverage, with a health maintenance organization, licensed pursuant to chapter 32 of this title, or a contract with a state or federal agency;
(5) "Evidence of coverage" means the certificate, agreement, membership card, or contract issued pursuant to this chapter setting forth the coverage to which an enrollee is entitled through a health maintenance organization licensed pursuant to chapter 32 of this title or a state or federal agency;
(6) "Insolvent" means that all the statutory assets of the prepaid limited health service organization, if made immediately available, would not be sufficient to discharge all of its statutory liabilities or that the prepaid limited health service organization is unable to pay its debts as they become due in the usual course of business;
(7) "Limited health service" means dental care services, vision care services, mental health services, substance abuse services, and pharmaceutical services. "Limited health service" does not include inpatient, hospital surgical services, or emergency services except as the services are provided incident to the limited health services set forth in this subdivision (7). However, "limited health service" does not exclude inpatient mental health or inpatient substance abuse services;
(8) "Prepaid limited health service contract" means any contract entered into by a prepaid limited health service organization with a health maintenance organization or a state or federal agency to provide limited health services in exchange for a prepaid per capita or prepaid aggregate fixed sum;
(9) "Prepaid limited health service organization" means any person, corporation, partnership, or any other entity that, in return for a prepayment from a health maintenance organization or a state or federal agency, undertakes to provide or arrange for, or provide access to, the provision of a limited health service to enrollees through an exclusive panel of providers. A "prepaid limited health service organization" may not contract with individuals, but only through a health maintenance organization or a state or federal agency. This shall not limit the organization from contracting with providers to provide contracted services. "Prepaid limited health service organization" does not include: (A) An entity otherwise authorized pursuant to the laws of this state to indemnify for any limited health service; (B) A provider or entity when providing limited health services pursuant to a contract with a prepaid limited health service organization, a health maintenance organization, a health insurer, or a self-insurance plan; or (C) Any person who, in exchange for fees, dues, charges or other consideration, provides access to a limited health service provider without assuming any responsibility for payment for the limited health service or any portion of the limited health service;
(A) An entity otherwise authorized pursuant to the laws of this state to indemnify for any limited health service;
(B) A provider or entity when providing limited health services pursuant to a contract with a prepaid limited health service organization, a health maintenance organization, a health insurer, or a self-insurance plan; or
(C) Any person who, in exchange for fees, dues, charges or other consideration, provides access to a limited health service provider without assuming any responsibility for payment for the limited health service or any portion of the limited health service;
(10) "Provider" means, but is not limited to, any physician, dentist, health facility, or other person or institution that is duly licensed in this state to deliver limited health services;
(11) "Qualified independent actuary" means an actuary who is a member of the American Academy of Actuaries or the Society of Actuaries and who has experience in establishing rates for limited health services and who has no financial or employment interest in the prepaid limited health service organization;
(12) "Reporting period" means the annual accounting period or fiscal year, or any part of the accounting period or fiscal year, of the prepaid limited health service organization. The calendar year shall be the fiscal year for each prepaid limited health service organization;
(13) "Subscriber" means an individual on whose behalf a contract or arrangement has been entered into with a prepaid limited health service organization for health care services or other persons who also receive health care services as a result of the contract;
(14) "Surplus notes" means debt that has been subordinated to all claims of subscribers and general creditors of the organization and the debt instrument shall so state;
(15) "Statutory accounting principles" means generally accepted accounting principles, except as modified by this chapter; and
(16) "Working capital" means current assets minus current liabilities.
Acts 2000, ch. 948, § 2.
Tenn. Code Ann. § 56-50-109 — TN Code / Title 56 / Chapter 50 / Section 56-50-109
Disclosure to insurer
Status: in_force

Prior to the initiation of a plan, transaction or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction or series of transactions to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at anytime prior to or during the first five (5) years after issuance of the policy. The insurer shall not disclose this information to any other viatical settlement provider or viatical settlement broker, including those affiliates of the insurer engaged in viatical settlement activity. Acts 2009, ch. 604, § 10.
Prior to the initiation of a plan, transaction or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction or series of transactions to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at anytime prior to or during the first five (5) years after issuance of the policy. The insurer shall not disclose this information to any other viatical settlement provider or viatical settlement broker, including those affiliates of the insurer engaged in viatical settlement activity.
Acts 2009, ch. 604, § 10.
Tenn. Code Ann. § 56-35-133 — TN Code / Title 56 / Chapter 35 / Section 56-35-133
Notification to buyers of the availability of title insurance
Status: in_force

(a) In connection with any transaction involving the purchase or sale of a fee simple possessory interest (title evidencing beneficial ownership) in real property in this state, the person conducting or handling the settlement, at or before the closing of settlement and disbursement of any funds, shall obtain from the purchaser a statement in writing that the purchaser has received a notice that owner's title insurance may be available to the purchaser and that the purchaser does or does not desire to purchase the insurance coverage. The notice shall not be required of a trustee under a deed of trust or in transactions that are to convey only a security interest in the property of an existing owner. In addition, notice under this section is not intended to duplicate and shall not be required where, in connection with the issuance of a mortgagee's title policy, notice with respect to owner's title insurance is given pursuant to rules of the department under this chapter. The notice may be combined with or attached to any other notices required of the purchaser; provided, that the notice required by this section is separately signed. (b) The following or any other substantially similar form shall be sufficient for the purposes of this section: Notice and Acknowledgment With Respect to Owner's Title Insurance RE: ____________________ (address or brief property description) Pursuant to § 56-35-133 , the undersigned purchaser or purchasers, hereby acknowledge(s) that they have received a notice that owner's title insurance may be available to them at their expense. ____________________ I(we) hereby desire to obtain owner's title insurance. ____________________ I(we) hereby decline to obtain owner's title insurance. Tennessee law requires that you sign this acknowledgment. I (we) further acknowledge that the settlement agent in this transaction [or insert name of settlement agent here] shall have no responsibility to the undersigned for the status of the title to the real estate we are purchasing. ____________________ Signature of Purchaser or Purchasers Date: ____________________ Click here to view form. (c) In the event that the person conducting or handling the settlement shall fail to obtain from the purchaser the statement required by this section, the closing or settlement agent may cure the omission at any time subsequent to the closing of settlement but prior to actual or constructive notice of a claim or possible claim against the title of the real estate that was the subject of the settlement by sending a certified letter, return receipt requested, to the last known address of the purchaser, which includes the notification provided in this section. (d) The notification provided by this section shall not be required in any of the following transactions: (1) A judicial or nonjudicial foreclosure; (2) A sale pursuant to a court decree; (3) A tax sale; (4) A transfer evidenced by a deed upon which recording tax is not payable pursuant to § 67-4-409 ; or (5) Any transaction wherein the purchaser has elected to obtain owner's title insurance or wherein the seller has elected to provide owner's title insurance to the purchaser. Acts 1996, ch. 719, § 1; 1997 , ch. 273, § 1.
(a) In connection with any transaction involving the purchase or sale of a fee simple possessory interest (title evidencing beneficial ownership) in real property in this state, the person conducting or handling the settlement, at or before the closing of settlement and disbursement of any funds, shall obtain from the purchaser a statement in writing that the purchaser has received a notice that owner's title insurance may be available to the purchaser and that the purchaser does or does not desire to purchase the insurance coverage. The notice shall not be required of a trustee under a deed of trust or in transactions that are to convey only a security interest in the property of an existing owner. In addition, notice under this section is not intended to duplicate and shall not be required where, in connection with the issuance of a mortgagee's title policy, notice with respect to owner's title insurance is given pursuant to rules of the department under this chapter. The notice may be combined with or attached to any other notices required of the purchaser; provided, that the notice required by this section is separately signed.
(b) The following or any other substantially similar form shall be sufficient for the purposes of this section: Notice and Acknowledgment With Respect to Owner's Title Insurance RE: ____________________ (address or brief property description) Pursuant to § 56-35-133 , the undersigned purchaser or purchasers, hereby acknowledge(s) that they have received a notice that owner's title insurance may be available to them at their expense. ____________________ I(we) hereby desire to obtain owner's title insurance. ____________________ I(we) hereby decline to obtain owner's title insurance. Tennessee law requires that you sign this acknowledgment. I (we) further acknowledge that the settlement agent in this transaction [or insert name of settlement agent here] shall have no responsibility to the undersigned for the status of the title to the real estate we are purchasing. ____________________ Signature of Purchaser or Purchasers Date: ____________________ Click here to view form.
Notice and Acknowledgment With Respect to Owner's Title Insurance
RE: ____________________ (address or brief property description)
Pursuant to § 56-35-133 , the undersigned purchaser or purchasers, hereby acknowledge(s) that they have received a notice that owner's title insurance may be available to them at their expense.
____________________ I(we) hereby desire to obtain owner's title insurance.
____________________ I(we) hereby decline to obtain owner's title insurance.
Tennessee law requires that you sign this acknowledgment. I (we) further acknowledge that the settlement agent in this transaction [or insert name of settlement agent here] shall have no responsibility to the undersigned for the status of the title to the real estate we are purchasing.
____________________
Signature of Purchaser or
Purchasers
Date: ____________________
Click here to view form.
(c) In the event that the person conducting or handling the settlement shall fail to obtain from the purchaser the statement required by this section, the closing or settlement agent may cure the omission at any time subsequent to the closing of settlement but prior to actual or constructive notice of a claim or possible claim against the title of the real estate that was the subject of the settlement by sending a certified letter, return receipt requested, to the last known address of the purchaser, which includes the notification provided in this section.
(d) The notification provided by this section shall not be required in any of the following transactions: (1) A judicial or nonjudicial foreclosure; (2) A sale pursuant to a court decree; (3) A tax sale; (4) A transfer evidenced by a deed upon which recording tax is not payable pursuant to § 67-4-409 ; or (5) Any transaction wherein the purchaser has elected to obtain owner's title insurance or wherein the seller has elected to provide owner's title insurance to the purchaser.
(1) A judicial or nonjudicial foreclosure;
(2) A sale pursuant to a court decree;
(3) A tax sale;
(4) A transfer evidenced by a deed upon which recording tax is not payable pursuant to § 67-4-409 ; or
(5) Any transaction wherein the purchaser has elected to obtain owner's title insurance or wherein the seller has elected to provide owner's title insurance to the purchaser.
Acts 1996, ch. 719, § 1; 1997 , ch. 273, § 1.
35_133_1 - Attachment
Tenn. Code Ann. § 56-57-103 — TN Code / Title 56 / Chapter 57 / Section 56-57-103
Regulation and compliance
Status: in_force

A prescription drug discount plan issued pursuant to § 56-57-102 is subject to regulation by the department and compliance with laws applicable to pharmacy discount cards, including, but not limited to, chapter 17 of this title. Repealed and reenacted by 2021 Tenn. Acts, ch. 372, s 2, eff. 7/1/2021. Acts 2005, ch. 474, § 2.
A prescription drug discount plan issued pursuant to § 56-57-102 is subject to regulation by the department and compliance with laws applicable to pharmacy discount cards, including, but not limited to, chapter 17 of this title.
Repealed and reenacted by 2021 Tenn. Acts, ch. 372, s 2, eff. 7/1/2021.
Acts 2005, ch. 474, § 2.
Tenn. Code Ann. § 56-16-108 — TN Code / Title 56 / Chapter 16 / Section 56-16-108
Foreign reciprocals - Licensing requirements
Status: in_force

No foreign reciprocal shall be licensed to transact the business of insurance in this state unless it has filed with the department a certificate of the supervising insurance official of the state in which it is organized. The certificate shall show that the foreign reciprocal is licensed to write and is writing actively in that state the class of insurance it proposes to write in this state. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-208 .
No foreign reciprocal shall be licensed to transact the business of insurance in this state unless it has filed with the department a certificate of the supervising insurance official of the state in which it is organized. The certificate shall show that the foreign reciprocal is licensed to write and is writing actively in that state the class of insurance it proposes to write in this state.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-208 .
Tenn. Code Ann. § 56-32-132 — TN Code / Title 56 / Chapter 32 / Section 56-32-132
Investigatory powers of the department of commerce and insurance
Status: in_force

For the purposes of regulation and oversight of HMOs that participate in the TennCare program under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program, and in addition to the powers and duties set forth in this title, the department of commerce and insurance has the power to examine and investigate the affairs of every person, entity, HMO, an affiliate of the parent of the HMO, or an affiliate of the HMO, in order to determine whether the person, entity, HMO, an affiliate of the parent of the HMO, or an affiliate of the HMO, is operating in accordance with this chapter and title 71, chapter 5. Acts 1999, ch. 322, § 2; T.C.A. § 56-32-232.
For the purposes of regulation and oversight of HMOs that participate in the TennCare program under Title XIX of the federal Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program, and in addition to the powers and duties set forth in this title, the department of commerce and insurance has the power to examine and investigate the affairs of every person, entity, HMO, an affiliate of the parent of the HMO, or an affiliate of the HMO, in order to determine whether the person, entity, HMO, an affiliate of the parent of the HMO, or an affiliate of the HMO, is operating in accordance with this chapter and title 71, chapter 5.
Acts 1999, ch. 322, § 2; T.C.A. § 56-32-232.
Tenn. Code Ann. § 56-12-202 — TN Code / Title 56 / Chapter 12 / Section 56-12-202
Purpose
Status: in_force

(a) The purpose of this part is to protect, subject to certain limitations, the persons listed in § 56-12-204(a) against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in § 56-12-204(b) , because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts. (b) To provide this protection, an association of member insurers is hereby created to pay benefits and to continue coverages as limited in this part. (c) Members of the association are subject to assessment to provide funds to carry out the purpose of this part, and shall provide such services as are necessary to implement the protections accorded to policyholders by this part. Amended by 2019 Tenn. Acts, ch. 5,s 1, eff. 7/1/2019. Acts 1988, ch. 1032, § 2.
(a) The purpose of this part is to protect, subject to certain limitations, the persons listed in § 56-12-204(a) against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in § 56-12-204(b) , because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.
(b) To provide this protection, an association of member insurers is hereby created to pay benefits and to continue coverages as limited in this part.
(c) Members of the association are subject to assessment to provide funds to carry out the purpose of this part, and shall provide such services as are necessary to implement the protections accorded to policyholders by this part.
Amended by 2019 Tenn. Acts, ch. 5,s 1, eff. 7/1/2019.
Acts 1988, ch. 1032, § 2.
Tenn. Code Ann. § 56-21-118 — TN Code / Title 56 / Chapter 21 / Section 56-21-118
Extent of policyholder's liability
Status: in_force

No policyholder shall be liable for any amount in excess of the regular premium and contingent premium as herein provided for and required to be stated in the policy or insurance contract; nor shall any policyholder be liable for losses or expenses accruing before the policy was issued, nor for losses or expenses accruing after the termination of the insurance. Acts 1907, ch. 461, § 5; Shan., § 3369a17; Acts 1921, ch. 160, § 5; Code 1932, § 6268; T.C.A. (orig. ed.), § 56-2020.
No policyholder shall be liable for any amount in excess of the regular premium and contingent premium as herein provided for and required to be stated in the policy or insurance contract; nor shall any policyholder be liable for losses or expenses accruing before the policy was issued, nor for losses or expenses accruing after the termination of the insurance.
Acts 1907, ch. 461, § 5; Shan., § 3369a17; Acts 1921, ch. 160, § 5; Code 1932, § 6268; T.C.A. (orig. ed.), § 56-2020.
Tenn. Code Ann. § 56-13-120 — TN Code / Title 56 / Chapter 13 / Section 56-13-120
Violations and penalties
Status: in_force

(a) If, after providing notice consistent with the process established by § 4-5-320(c) and providing the opportunity for a contested case hearing held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, the commissioner finds that any insurer, person, or entity required to be licensed, permitted, or authorized to transact the business of insurance under this chapter has violated any provision of this chapter or any rule or regulation authorized by this chapter, the commissioner may order: (1) The insurer, person, or entity to cease and desist from engaging in the act or practice giving rise to the violation; (2) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation, but not to exceed an aggregate penalty of one hundred thousand dollars ($100,000), unless the insurer, person, or entity knowingly violates a statute, rule or order, in which case the penalty shall not be more than twenty-five thousand dollars ($25,000) for each violation, not to exceed an aggregate penalty of two hundred fifty thousand dollars ($250,000). This subdivision (a)(2) shall not apply where a statute or rule specifically provides for other civil penalties for the violation. For purposes of this subdivision (a)(2), each day of continued violation shall constitute a separate violation; and (3) The suspension or revocation of the insurer's, person's, or entity's license. (b) Section 56-13-103(c)(3) applies to any action taken by the commissioner pursuant to this section. Amended by 2019 Tenn. Acts, ch. 452,s 6, eff. 5/22/2019. Acts 2011, ch. 468, § 1.
(a) If, after providing notice consistent with the process established by § 4-5-320(c) and providing the opportunity for a contested case hearing held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, the commissioner finds that any insurer, person, or entity required to be licensed, permitted, or authorized to transact the business of insurance under this chapter has violated any provision of this chapter or any rule or regulation authorized by this chapter, the commissioner may order: (1) The insurer, person, or entity to cease and desist from engaging in the act or practice giving rise to the violation; (2) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation, but not to exceed an aggregate penalty of one hundred thousand dollars ($100,000), unless the insurer, person, or entity knowingly violates a statute, rule or order, in which case the penalty shall not be more than twenty-five thousand dollars ($25,000) for each violation, not to exceed an aggregate penalty of two hundred fifty thousand dollars ($250,000). This subdivision (a)(2) shall not apply where a statute or rule specifically provides for other civil penalties for the violation. For purposes of this subdivision (a)(2), each day of continued violation shall constitute a separate violation; and (3) The suspension or revocation of the insurer's, person's, or entity's license.
(1) The insurer, person, or entity to cease and desist from engaging in the act or practice giving rise to the violation;
(2) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation, but not to exceed an aggregate penalty of one hundred thousand dollars ($100,000), unless the insurer, person, or entity knowingly violates a statute, rule or order, in which case the penalty shall not be more than twenty-five thousand dollars ($25,000) for each violation, not to exceed an aggregate penalty of two hundred fifty thousand dollars ($250,000). This subdivision (a)(2) shall not apply where a statute or rule specifically provides for other civil penalties for the violation. For purposes of this subdivision (a)(2), each day of continued violation shall constitute a separate violation; and
(3) The suspension or revocation of the insurer's, person's, or entity's license.
(b) Section 56-13-103(c)(3) applies to any action taken by the commissioner pursuant to this section.
Amended by 2019 Tenn. Acts, ch. 452,s 6, eff. 5/22/2019.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-3-118 — TN Code / Title 56 / Chapter 3 / Section 56-3-118
Commissioner - Promulgation of rules and regulations
Status: in_force

(a) The commissioner is authorized to promulgate rules and regulations to prescribe minimum standards for the establishment of liabilities and reserves resulting from insurance contracts issued by an insurer, including, but not limited to, unearned premium reserves and liabilities for claims and losses unpaid and incurred but not reported claims. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The rules promulgated under this section shall contain provisions stating that before the commissioner takes any action pursuant to the rules and regulations, the commissioner shall give written notice to the insurer involved, stating specifically the nature of any alleged violation, and fixing a time and place, at least ten (10) days thereafter, when a hearing on the matter shall be held. The burden of proof shall be on the commissioner to show the lack of minimum standards under the rules promulgated under this section by the preponderance of the evidence. After the hearing, or upon failure of the accused to appear at the hearing, the commissioner, if the commissioner finds a violation, may enter an appropriate order under this section as the commissioner deems advisable. (c) When the commissioner takes action in any or all of the ways set out in this section, the party aggrieved may appeal from the action to the chancery court of Davidson County. Acts 1991, ch. 142, § 2; 1999, ch. 394, § 1; T.C.A. § 56-3-117 .
(a) The commissioner is authorized to promulgate rules and regulations to prescribe minimum standards for the establishment of liabilities and reserves resulting from insurance contracts issued by an insurer, including, but not limited to, unearned premium reserves and liabilities for claims and losses unpaid and incurred but not reported claims. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The rules promulgated under this section shall contain provisions stating that before the commissioner takes any action pursuant to the rules and regulations, the commissioner shall give written notice to the insurer involved, stating specifically the nature of any alleged violation, and fixing a time and place, at least ten (10) days thereafter, when a hearing on the matter shall be held. The burden of proof shall be on the commissioner to show the lack of minimum standards under the rules promulgated under this section by the preponderance of the evidence. After the hearing, or upon failure of the accused to appear at the hearing, the commissioner, if the commissioner finds a violation, may enter an appropriate order under this section as the commissioner deems advisable.
(c) When the commissioner takes action in any or all of the ways set out in this section, the party aggrieved may appeal from the action to the chancery court of Davidson County.
Acts 1991, ch. 142, § 2; 1999, ch. 394, § 1; T.C.A. § 56-3-117 .
Tenn. Code Ann. § 56-2-503 — TN Code / Title 56 / Chapter 2 / Section 56-2-503
Commissioner as attorney for purpose of process
Status: in_force

(a) Any foreign or alien insurance company, before doing business in this state, as defined in § 56-2-502 , shall appoint the commissioner its true and lawful attorney as required by § 56-2-103(a)(3) . (b) If the company does business in this state, as defined in § 56-2-502 , without having appointed the commissioner its true and lawful attorney, as required in this part, it shall, by doing business in this state, be deemed to have thereby appointed the commissioner its true and lawful attorney for the purposes set forth in this part. (c) The requirements of this section shall be in addition to, and not in derogation of, any other law. Acts 1947, ch. 119, §§ 3-5; C. Supp. 1950, § 6211.2 (Williams, §§ 6459.50-6459.52); modified; T.C.A. (orig. ed.), § 56-320; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-244.
(a) Any foreign or alien insurance company, before doing business in this state, as defined in § 56-2-502 , shall appoint the commissioner its true and lawful attorney as required by § 56-2-103(a)(3) .
(b) If the company does business in this state, as defined in § 56-2-502 , without having appointed the commissioner its true and lawful attorney, as required in this part, it shall, by doing business in this state, be deemed to have thereby appointed the commissioner its true and lawful attorney for the purposes set forth in this part.
(c) The requirements of this section shall be in addition to, and not in derogation of, any other law.
Acts 1947, ch. 119, §§ 3-5; C. Supp. 1950, § 6211.2 (Williams, §§ 6459.50-6459.52); modified; T.C.A. (orig. ed.), § 56-320; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-244.
Tenn. Code Ann. § 56-7-122 — TN Code / Title 56 / Chapter 7 / Section 56-7-122
Disclosure of agreements to limit services permitted
Status: in_force

A provider shall not be prohibited by a health plan, by contract or otherwise, from disclosing to a patient the existence of financial arrangements with the health plan that reward the provider for reducing or limiting the range and amount of medically necessary and appropriate services rendered to the patients enrolled in the health plan. Acts 1997, ch. 324, § 1.
A provider shall not be prohibited by a health plan, by contract or otherwise, from disclosing to a patient the existence of financial arrangements with the health plan that reward the provider for reducing or limiting the range and amount of medically necessary and appropriate services rendered to the patients enrolled in the health plan.
Acts 1997, ch. 324, § 1.
Tenn. Code Ann. § 56-6-911 — TN Code / Title 56 / Chapter 6 / Section 56-6-911
Financial responsibility
Status: in_force

Prior to issuance of a license as a public adjustor, and for the duration of the license, the applicant shall secure evidence of financial responsibility in a format prescribed by the commissioner through a surety bond and an errors and omissions insurance policy, or other security satisfactory to the department of insurance. (1) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state shall: (A) Be in the minimum amount of fifty thousand dollars ($50,000); (B) Be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in the capacity as a public adjuster; (C) Not be terminated, unless at least thirty-days' prior written notice has been filed with the commissioner and given to the licensee; and (D) Be in a form approved by the commissioner. (2) The licensed public adjuster shall promptly notify the commissioner upon termination of the bond, unless otherwise directed by the commissioner. (3) The commissioner may ask for the evidence of financial responsibility at any time the commissioner deems it necessary and proper to protect the rights of Tennessee consumers. (4) The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes substantially impaired. (5) The errors and omissions policy shall be executed by and issued by an admitted insurer authorized to issue errors and omissions policies in this state, and shall be in the minimum amount of five hundred thousand dollars ($500,000) per occurrence. Acts 2006, ch. 997, § 12.
Prior to issuance of a license as a public adjustor, and for the duration of the license, the applicant shall secure evidence of financial responsibility in a format prescribed by the commissioner through a surety bond and an errors and omissions insurance policy, or other security satisfactory to the department of insurance.
(1) A surety bond executed and issued by an insurer authorized to issue surety bonds in this state shall: (A) Be in the minimum amount of fifty thousand dollars ($50,000); (B) Be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in the capacity as a public adjuster; (C) Not be terminated, unless at least thirty-days' prior written notice has been filed with the commissioner and given to the licensee; and (D) Be in a form approved by the commissioner.
(A) Be in the minimum amount of fifty thousand dollars ($50,000);
(B) Be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in the capacity as a public adjuster;
(C) Not be terminated, unless at least thirty-days' prior written notice has been filed with the commissioner and given to the licensee; and
(D) Be in a form approved by the commissioner.
(2) The licensed public adjuster shall promptly notify the commissioner upon termination of the bond, unless otherwise directed by the commissioner.
(3) The commissioner may ask for the evidence of financial responsibility at any time the commissioner deems it necessary and proper to protect the rights of Tennessee consumers.
(4) The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes substantially impaired.
(5) The errors and omissions policy shall be executed by and issued by an admitted insurer authorized to issue errors and omissions policies in this state, and shall be in the minimum amount of five hundred thousand dollars ($500,000) per occurrence.
Acts 2006, ch. 997, § 12.
Tenn. Code Ann. § 56-27-106 — TN Code / Title 56 / Chapter 27 / Section 56-27-106
Right to establish or operate plan - Unlawful acts
Status: in_force

It is unlawful for any person except a medical service plan corporation, incorporated in accordance with this chapter, and operating in accordance with this chapter, and operating in accordance with authority from the commissioner or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a medical service plan, or to solicit subscribers to or enter into contracts with respect to a medical service plan. This prohibition, however, shall not be construed as preventing a person from furnishing medical services for the prevention of diseases among the person's employees or from furnishing the medical services as are required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services. Acts 1945, ch. 113, § 2; C. Supp. 1950, § 4186.19; T.C.A. (orig. ed.), § 56-2906.
It is unlawful for any person except a medical service plan corporation, incorporated in accordance with this chapter, and operating in accordance with this chapter, and operating in accordance with authority from the commissioner or an insurance company properly qualified in this state to write accident, health or disability insurance, to establish, maintain, or operate a medical service plan, or to solicit subscribers to or enter into contracts with respect to a medical service plan. This prohibition, however, shall not be construed as preventing a person from furnishing medical services for the prevention of diseases among the person's employees or from furnishing the medical services as are required under the Workers' Compensation Law, compiled in title 50, chapter 6, and related legislation when the employee is not charged for the services.
Acts 1945, ch. 113, § 2; C. Supp. 1950, § 4186.19; T.C.A. (orig. ed.), § 56-2906.
Tenn. Code Ann. § 56-9-502 — TN Code / Title 56 / Chapter 9 / Section 56-9-502
Applicability
Status: in_force

This chapter shall apply to: (1) All domestic insurers; and (2) Any other insurer doing business in this state whose state of domicile has asked the commissioner to apply this chapter as regards the insurer. Acts 1991, ch. 142, § 4.
This chapter shall apply to:
(1) All domestic insurers; and
(2) Any other insurer doing business in this state whose state of domicile has asked the commissioner to apply this chapter as regards the insurer.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-13-125 — TN Code / Title 56 / Chapter 13 / Section 56-13-125
Payment of premiums and claims in foreign currency or foreign securities
Status: in_force

(a) For purposes of this section: (1) "Foreign" means outside the United States, its territories, or possessions; (2) "Foreign currency" means currency issued by a government outside the United States that is recognized by the United States as a legitimate government-issued currency and freely exchangeable with United States currency; and (3) "Foreign securities" means securities that are ordinarily traded on an exchange outside the United States. (b) A captive insurance company or an individual cell of a captive insurance company may, with the approval of the commissioner, include within its plan of operation that the company will: (1) Receive payments of premium in a specified foreign currency or foreign securities and will pay claims on insured losses in a specified currency or foreign securities; (2) Authorize the payment of claims in a specified foreign currency or foreign securities; and (3) Hold foreign currency or foreign securities as surplus for the payment of future claims. (c) In determining the exchange rate between United States currency and the foreign currency or foreign securities, the captive insurance company shall identify in its approved plan of operation a publicly available and reliable exchange rate index. If the exchange rate index identified in the plan of operation is not available, then the commissioner must determine the appropriate exchange rate for the purpose of calculating the amount of premium tax due. (d) For the purpose of calculating the amount of premium tax due under § 56-13-114 , a policy issued by a captive insurance company payable in foreign currency or foreign securities is deemed to be of an equivalent value in United States currency as of the date that coverage is bound and is payable in United States currency when due under § 56-13-114 . (e) For captive insurance companies and protected cells that have received permission pursuant to subsection (b), all reports required to be filed pursuant to § 56-13-108 must be converted to United States currency for the reporting period covered by the annual report. Added by 2019 Tenn. Acts, ch. 452,s 7, eff. 5/22/2019.
(a) For purposes of this section: (1) "Foreign" means outside the United States, its territories, or possessions; (2) "Foreign currency" means currency issued by a government outside the United States that is recognized by the United States as a legitimate government-issued currency and freely exchangeable with United States currency; and (3) "Foreign securities" means securities that are ordinarily traded on an exchange outside the United States.
(1) "Foreign" means outside the United States, its territories, or possessions;
(2) "Foreign currency" means currency issued by a government outside the United States that is recognized by the United States as a legitimate government-issued currency and freely exchangeable with United States currency; and
(3) "Foreign securities" means securities that are ordinarily traded on an exchange outside the United States.
(b) A captive insurance company or an individual cell of a captive insurance company may, with the approval of the commissioner, include within its plan of operation that the company will: (1) Receive payments of premium in a specified foreign currency or foreign securities and will pay claims on insured losses in a specified currency or foreign securities; (2) Authorize the payment of claims in a specified foreign currency or foreign securities; and (3) Hold foreign currency or foreign securities as surplus for the payment of future claims.
(1) Receive payments of premium in a specified foreign currency or foreign securities and will pay claims on insured losses in a specified currency or foreign securities;
(2) Authorize the payment of claims in a specified foreign currency or foreign securities; and
(3) Hold foreign currency or foreign securities as surplus for the payment of future claims.
(c) In determining the exchange rate between United States currency and the foreign currency or foreign securities, the captive insurance company shall identify in its approved plan of operation a publicly available and reliable exchange rate index. If the exchange rate index identified in the plan of operation is not available, then the commissioner must determine the appropriate exchange rate for the purpose of calculating the amount of premium tax due.
(d) For the purpose of calculating the amount of premium tax due under § 56-13-114 , a policy issued by a captive insurance company payable in foreign currency or foreign securities is deemed to be of an equivalent value in United States currency as of the date that coverage is bound and is payable in United States currency when due under § 56-13-114 .
(e) For captive insurance companies and protected cells that have received permission pursuant to subsection (b), all reports required to be filed pursuant to § 56-13-108 must be converted to United States currency for the reporting period covered by the annual report.
Added by 2019 Tenn. Acts, ch. 452,s 7, eff. 5/22/2019.
Tenn. Code Ann. § 56-1-311 — TN Code / Title 56 / Chapter 1 / Section 56-1-311
Assessment of investigatory and hearing costs - Rules and regulations
Status: in_force

(a) Notwithstanding any contrary law, the division of regulatory boards or any board, commission or agency attached to the division of regulatory boards may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the division or respective board, commission or agency. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges and any other persons involved in the investigation, prosecution and hearing of the action. (b) The commissioner shall promulgate rules and regulations establishing a schedule of costs that may be assessed pursuant to this section. (c) (1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served. (2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the division may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County. Acts 1998, ch. 655, § 1.
(a) Notwithstanding any contrary law, the division of regulatory boards or any board, commission or agency attached to the division of regulatory boards may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized by the division or respective board, commission or agency. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges and any other persons involved in the investigation, prosecution and hearing of the action.
(b) The commissioner shall promulgate rules and regulations establishing a schedule of costs that may be assessed pursuant to this section.
(c) (1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served. (2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the division may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.
(1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.
(2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the division may apply to the appropriate court for a judgment and seek execution of the judgment.
(3) Jurisdiction for recovery of the costs shall be in the chancery court of Davidson County.
Acts 1998, ch. 655, § 1.
Tenn. Code Ann. § 56-61-105 — TN Code / Title 56 / Chapter 61 / Section 56-61-105
Maintenance of register of written records to document grievances
Status: in_force

(a) A health carrier shall maintain written records to document all grievances received during a calendar year. The register shall be maintained in a manner that is reasonably clear and accessible to the commissioner. (b) A request for a first level review of a grievance involving an adverse determination shall be processed in compliance with § 56-61-107 and is required to be included in the health carrier's register. (c) A request for a second level review of a grievance involving an adverse determination that may be conducted pursuant to § 56-61-108 shall be included in the health carrier's register. (d) For each grievance, the register shall contain, at a minimum, the following information: (1) A general description of the reason for the grievance; (2) The date the grievance was received; (3) The date of each review or, if applicable, review meeting; (4) The resolution at each level of the grievance, if applicable; (5) The date of resolution at each level, if applicable; and (6) The name of the aggrieved person for whom the grievance was filed. (e) (1) A health carrier shall retain the register compiled for a calendar year for the shorter of five (5) years or until the commissioner has adopted a final report of an examination that contains a review of the register for such calendar year. (2) (A) A health carrier shall submit to the commissioner, at least annually, a report in the format specified by the commissioner. (B) The report shall include for each type of health benefit plan offered by the health carrier: (i) The number of covered lives that fall under this chapter's protections; (ii) The total number of grievances; (iii) The number of grievances for which a covered person and healthcare provider requested a second level voluntary grievance review pursuant to § 56-61-108 ; (iv) The number of grievances resolved at each level, if applicable, and their resolution; and (v) A synopsis of actions being taken to correct problems identified. Acts 2010, ch. 980, § 6.
(a) A health carrier shall maintain written records to document all grievances received during a calendar year. The register shall be maintained in a manner that is reasonably clear and accessible to the commissioner.
(b) A request for a first level review of a grievance involving an adverse determination shall be processed in compliance with § 56-61-107 and is required to be included in the health carrier's register.
(c) A request for a second level review of a grievance involving an adverse determination that may be conducted pursuant to § 56-61-108 shall be included in the health carrier's register.
(d) For each grievance, the register shall contain, at a minimum, the following information: (1) A general description of the reason for the grievance; (2) The date the grievance was received; (3) The date of each review or, if applicable, review meeting; (4) The resolution at each level of the grievance, if applicable; (5) The date of resolution at each level, if applicable; and (6) The name of the aggrieved person for whom the grievance was filed.
(1) A general description of the reason for the grievance;
(2) The date the grievance was received;
(3) The date of each review or, if applicable, review meeting;
(4) The resolution at each level of the grievance, if applicable;
(5) The date of resolution at each level, if applicable; and
(6) The name of the aggrieved person for whom the grievance was filed.
(e) (1) A health carrier shall retain the register compiled for a calendar year for the shorter of five (5) years or until the commissioner has adopted a final report of an examination that contains a review of the register for such calendar year. (2) (A) A health carrier shall submit to the commissioner, at least annually, a report in the format specified by the commissioner. (B) The report shall include for each type of health benefit plan offered by the health carrier: (i) The number of covered lives that fall under this chapter's protections; (ii) The total number of grievances; (iii) The number of grievances for which a covered person and healthcare provider requested a second level voluntary grievance review pursuant to § 56-61-108 ; (iv) The number of grievances resolved at each level, if applicable, and their resolution; and (v) A synopsis of actions being taken to correct problems identified.
(1) A health carrier shall retain the register compiled for a calendar year for the shorter of five (5) years or until the commissioner has adopted a final report of an examination that contains a review of the register for such calendar year.
(2) (A) A health carrier shall submit to the commissioner, at least annually, a report in the format specified by the commissioner. (B) The report shall include for each type of health benefit plan offered by the health carrier: (i) The number of covered lives that fall under this chapter's protections; (ii) The total number of grievances; (iii) The number of grievances for which a covered person and healthcare provider requested a second level voluntary grievance review pursuant to § 56-61-108 ; (iv) The number of grievances resolved at each level, if applicable, and their resolution; and (v) A synopsis of actions being taken to correct problems identified.
(A) A health carrier shall submit to the commissioner, at least annually, a report in the format specified by the commissioner.
(B) The report shall include for each type of health benefit plan offered by the health carrier: (i) The number of covered lives that fall under this chapter's protections; (ii) The total number of grievances; (iii) The number of grievances for which a covered person and healthcare provider requested a second level voluntary grievance review pursuant to § 56-61-108 ; (iv) The number of grievances resolved at each level, if applicable, and their resolution; and (v) A synopsis of actions being taken to correct problems identified.
(i) The number of covered lives that fall under this chapter's protections;
(ii) The total number of grievances;
(iii) The number of grievances for which a covered person and healthcare provider requested a second level voluntary grievance review pursuant to § 56-61-108 ;
(iv) The number of grievances resolved at each level, if applicable, and their resolution; and
(v) A synopsis of actions being taken to correct problems identified.
Acts 2010, ch. 980, § 6.
Tenn. Code Ann. § 56-46-208 — TN Code / Title 56 / Chapter 46 / Section 56-46-208
Confidentiality of RBC reports - Disclosure in advertising, etc. prohibited - Reports not to be used for ratemaking
Status: in_force

(a) All RBC reports, to the extent the information is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of a health organization performed pursuant to this part and any corrective order issued by the commissioner pursuant to examination or analysis, with respect to a domestic health organization or foreign health organization that are in the possession or control of the department of commerce and insurance shall be confidential by law and privileged, shall not be subject to § 10-7-503 or § 56-1-602 , shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. (b) Neither the commissioner nor any person who received documents, materials or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information deemed confidential and privileged under subsection (a). (c) In order to assist in the performance of the commissioner's duties, the commissioner may: (1) Share documents, materials or other information, including the confidential and privileged documents, materials or information deemed confidential and privileged under subsection (a), with other state, federal and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information; (2) Receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the NAIC and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and (3) Enter into agreements governing sharing and use of information consistent with this subsection (c). (d) Disclosure of documents, materials or information to the commissioner under this section or as a result of sharing as authorized in subsection (c) shall not constitute a waiver of any applicable privilege or claim of confidentiality. (e) It is the judgment of the legislature that the comparison of a health organization's total adjusted capital to any of its RBC levels is a regulatory tool which may indicate the need for corrective action with respect to the health organization, and is not intended as a means to rank health organizations generally. Therefore, except as otherwise required under this part, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over a radio or television station, or in any other way, an advertisement, announcement or statement containing an assertion, representation or statement with regard to the RBC levels of any health organization, or of any component derived in the calculation, by any health organization, agent, broker or other person engaged in any manner in the insurance business is misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding a health organization's total adjusted capital to its RBC levels (or any of them) or an inappropriate comparison of any other amount to the health organizations' RBC levels is published in any written publication and the health organization is able to demonstrate to the commissioner with substantial proof the falsity of the statement, or the inappropriateness, as the case may be, then the health organization may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement. (f) It is the further judgment of the legislature that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the commissioner in monitoring the solvency of health organizations and the need for possible corrective action with respect to health organizations and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that a health organization or any affiliate is authorized to write. Acts 2014 , ch. 559, § 7.
(a) All RBC reports, to the extent the information is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of a health organization performed pursuant to this part and any corrective order issued by the commissioner pursuant to examination or analysis, with respect to a domestic health organization or foreign health organization that are in the possession or control of the department of commerce and insurance shall be confidential by law and privileged, shall not be subject to § 10-7-503 or § 56-1-602 , shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties.
(b) Neither the commissioner nor any person who received documents, materials or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information deemed confidential and privileged under subsection (a).
(c) In order to assist in the performance of the commissioner's duties, the commissioner may: (1) Share documents, materials or other information, including the confidential and privileged documents, materials or information deemed confidential and privileged under subsection (a), with other state, federal and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information; (2) Receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the NAIC and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and (3) Enter into agreements governing sharing and use of information consistent with this subsection (c).
(1) Share documents, materials or other information, including the confidential and privileged documents, materials or information deemed confidential and privileged under subsection (a), with other state, federal and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with state, federal and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information;
(2) Receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the NAIC and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and
(3) Enter into agreements governing sharing and use of information consistent with this subsection (c).
(d) Disclosure of documents, materials or information to the commissioner under this section or as a result of sharing as authorized in subsection (c) shall not constitute a waiver of any applicable privilege or claim of confidentiality.
(e) It is the judgment of the legislature that the comparison of a health organization's total adjusted capital to any of its RBC levels is a regulatory tool which may indicate the need for corrective action with respect to the health organization, and is not intended as a means to rank health organizations generally. Therefore, except as otherwise required under this part, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over a radio or television station, or in any other way, an advertisement, announcement or statement containing an assertion, representation or statement with regard to the RBC levels of any health organization, or of any component derived in the calculation, by any health organization, agent, broker or other person engaged in any manner in the insurance business is misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding a health organization's total adjusted capital to its RBC levels (or any of them) or an inappropriate comparison of any other amount to the health organizations' RBC levels is published in any written publication and the health organization is able to demonstrate to the commissioner with substantial proof the falsity of the statement, or the inappropriateness, as the case may be, then the health organization may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.
(f) It is the further judgment of the legislature that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the commissioner in monitoring the solvency of health organizations and the need for possible corrective action with respect to health organizations and shall not be used by the commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that a health organization or any affiliate is authorized to write.
Acts 2014 , ch. 559, § 7.
Tenn. Code Ann. § 56-45-109 — TN Code / Title 56 / Chapter 45 / Section 56-45-109
Purchasing groups - Restrictions - Disclosure requirements
Status: in_force

(a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in this state, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of this state. (b) A purchasing group that obtains liability insurance from an approved surplus lines insurer in this state or a risk retention group shall inform each of the members of the group that have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or the insurer may not be subject to all insurance laws and regulations of this state. (c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole. Coverage may provide for a deductible or self-insured retention applicable to individual members. (d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits that are applicable to all purchases of group insurance. Acts 1991, ch. 142, § 6.
(a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in this state, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of this state.
(b) A purchasing group that obtains liability insurance from an approved surplus lines insurer in this state or a risk retention group shall inform each of the members of the group that have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or the insurer may not be subject to all insurance laws and regulations of this state.
(c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole. Coverage may provide for a deductible or self-insured retention applicable to individual members.
(d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits that are applicable to all purchases of group insurance.
Acts 1991, ch. 142, § 6.
Tenn. Code Ann. § 56-7-2202 — TN Code / Title 56 / Chapter 7 / Section 56-7-2202
Legislative purpose
Status: in_force

The purpose and intent of this part is to promote the availability of accident and health insurance coverage to small employers, to prevent abusive rating practices, to require disclosure of rating practices to purchasers, to establish rules for continuity of coverage for employers and covered individuals and to improve the efficiency and fairness of the small group accident and health insurance marketplace. Acts 1992, ch. 808, § 2.
The purpose and intent of this part is to promote the availability of accident and health insurance coverage to small employers, to prevent abusive rating practices, to require disclosure of rating practices to purchasers, to establish rules for continuity of coverage for employers and covered individuals and to improve the efficiency and fairness of the small group accident and health insurance marketplace.
Acts 1992, ch. 808, § 2.
Tenn. Code Ann. § 56-7-703 — TN Code / Title 56 / Chapter 7 / Section 56-7-703
Industrial life insurance policies to which preceding section inapplicable - Provisions in addition to other requirements
Status: in_force

The requirements of § 56-7-702 shall not be applicable as follows: (1) When an industrial life insurance policy is issued providing for accident and/or health benefits, in addition to natural death benefits, the requirements of § 56-7-702 shall apply only to the life insurance portion of the policy; (2) Any of § 56-7-702(a) not applicable to nonparticipating or term policies shall to that extent not be incorporated into the policies. Section 56-7-702(a) does not apply to policies issued or granted pursuant to the nonforfeiture provisions described in § 56-7-702(b)(6)-(8) ; and in the case of any company that elects to comply with §§ 56-7-401 and 56-7-702(b)(6)-(8) and (10) shall apply only to policies issued prior to the operative date of § 56-7-401 . Furthermore, in the case of term insurance policies of twenty (20) years or less that are not subject to §§ 56-7-401 and 56-7-702(b)(6)-(8) shall not be required, but the term policies shall specify the mortality table, rate of interest, and method of valuation for computing reserves; (3) The provisions of § 56-7-702 are in addition to, and not in lieu of, other provisions that may now or hereafter be contained in policies delivered or issued for delivery in this state, unless the provisions are wholly inconsistent with and repugnant to the provisions set out in § 56-7-702 . Acts 1945, ch. 27, § 3; 1947, ch. 218, § 1; C. Supp. 1950, § 6447.3; Acts 1979, ch. 398, § 9; T.C.A. (orig. ed.), § 56-1130.
The requirements of § 56-7-702 shall not be applicable as follows:
(1) When an industrial life insurance policy is issued providing for accident and/or health benefits, in addition to natural death benefits, the requirements of § 56-7-702 shall apply only to the life insurance portion of the policy;
(2) Any of § 56-7-702(a) not applicable to nonparticipating or term policies shall to that extent not be incorporated into the policies. Section 56-7-702(a) does not apply to policies issued or granted pursuant to the nonforfeiture provisions described in § 56-7-702(b)(6)-(8) ; and in the case of any company that elects to comply with §§ 56-7-401 and 56-7-702(b)(6)-(8) and (10) shall apply only to policies issued prior to the operative date of § 56-7-401 . Furthermore, in the case of term insurance policies of twenty (20) years or less that are not subject to §§ 56-7-401 and 56-7-702(b)(6)-(8) shall not be required, but the term policies shall specify the mortality table, rate of interest, and method of valuation for computing reserves;
(3) The provisions of § 56-7-702 are in addition to, and not in lieu of, other provisions that may now or hereafter be contained in policies delivered or issued for delivery in this state, unless the provisions are wholly inconsistent with and repugnant to the provisions set out in § 56-7-702 .
Acts 1945, ch. 27, § 3; 1947, ch. 218, § 1; C. Supp. 1950, § 6447.3; Acts 1979, ch. 398, § 9; T.C.A. (orig. ed.), § 56-1130.
Tenn. Code Ann. § 56-49-115 — TN Code / Title 56 / Chapter 49 / Section 56-49-115
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1999, ch. 144, § 15.
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1999, ch. 144, § 15.
Tenn. Code Ann. § 56-3-306 — TN Code / Title 56 / Chapter 3 / Section 56-3-306
Time for disposal of real estate - Extension of time
Status: in_force

Real property specified in § 56-3-305(a)(2)-(4) , which is not necessary for its accommodation in the convenient transaction of its business, shall be sold and disposed of within five (5) years after the company has acquired title to the property, or within five (5) years after the property has ceased to be necessary for the accommodation of its business, and it shall not hold the property for a longer period unless it complies with either of the following: (1) It shall procure a certificate from the commissioner authorizing an extension of time for the sale of the property, which certificate the commissioner is authorized to issue if, in the commissioner's judgment, it appears that the interest of the company will suffer materially by a forced sale of the property; or (2) It shall elect to hold the real property as an investment for income purposes under § 56-3-305(a)(5) , in which event thereafter the real property shall be considered to have been acquired at a cost equal to its book value at the time of the election and to be held under, and subject to, § 56-3-305(a)(5) and (b) . The election in this subdivision (2) may be made only if at the time of election the real property would otherwise qualify as a permissible investment under § 56-3-305(a)(5) . Acts 1907, ch. 458, § 3; Shan., § 3348a31; Code 1932, § 6206; T.C.A. (orig. ed.), §§ 56-219, 56-308; Acts 1983, ch. 65, § 4.
Real property specified in § 56-3-305(a)(2)-(4) , which is not necessary for its accommodation in the convenient transaction of its business, shall be sold and disposed of within five (5) years after the company has acquired title to the property, or within five (5) years after the property has ceased to be necessary for the accommodation of its business, and it shall not hold the property for a longer period unless it complies with either of the following:
(1) It shall procure a certificate from the commissioner authorizing an extension of time for the sale of the property, which certificate the commissioner is authorized to issue if, in the commissioner's judgment, it appears that the interest of the company will suffer materially by a forced sale of the property; or
(2) It shall elect to hold the real property as an investment for income purposes under § 56-3-305(a)(5) , in which event thereafter the real property shall be considered to have been acquired at a cost equal to its book value at the time of the election and to be held under, and subject to, § 56-3-305(a)(5) and (b) . The election in this subdivision (2) may be made only if at the time of election the real property would otherwise qualify as a permissible investment under § 56-3-305(a)(5) .
Acts 1907, ch. 458, § 3; Shan., § 3348a31; Code 1932, § 6206; T.C.A. (orig. ed.), §§ 56-219, 56-308; Acts 1983, ch. 65, § 4.
Tenn. Code Ann. § 56-9-323 — TN Code / Title 56 / Chapter 9 / Section 56-9-323
Proof of claims - When filed - Late filings
Status: in_force

(a) Proof of all claims shall be filed with the liquidator in the form required by § 56-9-324 , on or before the last day for filing specified in the notice required under § 56-9-311 , except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (1) The existence of the claim was not known to the claimant and the claimant filed the claimant's claim as promptly as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under §§ 56-9-315 - 56-9-317, or was voluntarily surrendered under § 56-9-318 , and that the filing satisfies the conditions of § 56-9-318 ; and (3) The valuation under § 56-9-329 of security held by a secured creditor shows a deficiency, which is filed within thirty (30) days after the valuation. (c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if the claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where the payments were made and expenses incurred as provided by law. (d) The liquidator may consider any claim filed late that is not covered by subsection (b), and permit it to receive distributions that are subsequently declared on any claims of the same or lower priority, if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on the claimant's claim as is then being paid to claimants of any lower priority. This shall continue until the claimant's claim has been paid in full. Acts 1991, ch. 142, § 4.
(a) Proof of all claims shall be filed with the liquidator in the form required by § 56-9-324 , on or before the last day for filing specified in the notice required under § 56-9-311 , except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.
(b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (1) The existence of the claim was not known to the claimant and the claimant filed the claimant's claim as promptly as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under §§ 56-9-315 - 56-9-317, or was voluntarily surrendered under § 56-9-318 , and that the filing satisfies the conditions of § 56-9-318 ; and (3) The valuation under § 56-9-329 of security held by a secured creditor shows a deficiency, which is filed within thirty (30) days after the valuation.
(1) The existence of the claim was not known to the claimant and the claimant filed the claimant's claim as promptly as reasonably possible after learning of it;
(2) A transfer to a creditor was avoided under §§ 56-9-315 - 56-9-317, or was voluntarily surrendered under § 56-9-318 , and that the filing satisfies the conditions of § 56-9-318 ; and
(3) The valuation under § 56-9-329 of security held by a secured creditor shows a deficiency, which is filed within thirty (30) days after the valuation.
(c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if the claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where the payments were made and expenses incurred as provided by law.
(d) The liquidator may consider any claim filed late that is not covered by subsection (b), and permit it to receive distributions that are subsequently declared on any claims of the same or lower priority, if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on the claimant's claim as is then being paid to claimants of any lower priority. This shall continue until the claimant's claim has been paid in full.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-7-310 — TN Code / Title 56 / Chapter 7 / Section 56-7-310
Policies exemptions
Status: in_force

Sections 56-7-308 , 56-7-309 , 56-7-2307 and 56-7-2308 , do not apply to annuities, industrial policies, or to corporations or associations operating on the assessment or fraternal plan. Acts 1907, ch. 457, § 6; Shan., § 3348a13; mod. Code 1932, § 6184; Acts 1937, ch. 270, § 1; C. Supp. 1950, § 6184; Acts 1971, ch. 296, § 2; T.C.A. (orig. ed.), § 56-1121.
Sections 56-7-308 , 56-7-309 , 56-7-2307 and 56-7-2308 , do not apply to annuities, industrial policies, or to corporations or associations operating on the assessment or fraternal plan.
Acts 1907, ch. 457, § 6; Shan., § 3348a13; mod. Code 1932, § 6184; Acts 1937, ch. 270, § 1; C. Supp. 1950, § 6184; Acts 1971, ch. 296, § 2; T.C.A. (orig. ed.), § 56-1121.
Tenn. Code Ann. § 56-35-128 — TN Code / Title 56 / Chapter 35 / Section 56-35-128
Effect of laws of other states
Status: in_force

Whenever the laws or regulations of any other state impose upon a title insurance company incorporated by or organized under the laws of this state, or upon any agents of a title insurance company, any taxes, licenses or other fees, in the aggregate, or any fines, penalties, deposit requirements or other material obligations, prohibitions or restrictions, in excess of those imposed by the then existing laws of this state for similar purposes on similar companies of other states doing business in this state then, in every case, all title insurance companies, and all agents of the state, doing business or establishing an agency or agencies in this state, shall in this state be subject to the same fines, penalties, deposit requirements and other material obligations, prohibitions and restrictions, and shall be required to pay in this state the same taxes, licenses, or other fees as are applicable under the laws of the foreign state to Tennessee title insurance companies, or agencies of the Tennessee title insurance companies, doing business in the foreign state. Acts 1959, ch. 88, § 3; T.C.A., § 56-3428.
Whenever the laws or regulations of any other state impose upon a title insurance company incorporated by or organized under the laws of this state, or upon any agents of a title insurance company, any taxes, licenses or other fees, in the aggregate, or any fines, penalties, deposit requirements or other material obligations, prohibitions or restrictions, in excess of those imposed by the then existing laws of this state for similar purposes on similar companies of other states doing business in this state then, in every case, all title insurance companies, and all agents of the state, doing business or establishing an agency or agencies in this state, shall in this state be subject to the same fines, penalties, deposit requirements and other material obligations, prohibitions and restrictions, and shall be required to pay in this state the same taxes, licenses, or other fees as are applicable under the laws of the foreign state to Tennessee title insurance companies, or agencies of the Tennessee title insurance companies, doing business in the foreign state.
Acts 1959, ch. 88, § 3; T.C.A., § 56-3428.
Tenn. Code Ann. § 56-26-301 — TN Code / Title 56 / Chapter 26 / Section 56-26-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Administrator" means any person, company, corporation, partnership, association or legal entity collecting charges or premiums from, or adjusting or settling claims on, residents of this state in connection with health insurance coverage; (2) "Charge data" means information and figures concerning the dollar amount billed by hospitals to patients on account of care, services, goods, accommodations, facilities and equipment furnished by or in a hospital; provided, that "charge data" only includes categorical information and figures and does not include information and figures concerning individual patients; (3) "Commissioner" means the commissioner of commerce and insurance; (4) "Hospital" means any institution, place, building or agency as defined by § 68-11-201 and subject to §§ 68-11-201 - 68-11-219; (5) "Insurer" means any person authorized to transact the business of insurance under this title; and (6) "Major purchasers" means persons who have health insurance coverage and who consist of one hundred (100) employees or more under a group plan of insurance; or any experience rated group regardless of size. Acts 1980, ch. 876, § 1.
As used in this part, unless the context otherwise requires:
(1) "Administrator" means any person, company, corporation, partnership, association or legal entity collecting charges or premiums from, or adjusting or settling claims on, residents of this state in connection with health insurance coverage;
(2) "Charge data" means information and figures concerning the dollar amount billed by hospitals to patients on account of care, services, goods, accommodations, facilities and equipment furnished by or in a hospital; provided, that "charge data" only includes categorical information and figures and does not include information and figures concerning individual patients;
(3) "Commissioner" means the commissioner of commerce and insurance;
(4) "Hospital" means any institution, place, building or agency as defined by § 68-11-201 and subject to §§ 68-11-201 - 68-11-219;
(5) "Insurer" means any person authorized to transact the business of insurance under this title; and
(6) "Major purchasers" means persons who have health insurance coverage and who consist of one hundred (100) employees or more under a group plan of insurance; or any experience rated group regardless of size.
Acts 1980, ch. 876, § 1.
Tenn. Code Ann. § 56-53-108 — TN Code / Title 56 / Chapter 53 / Section 56-53-108
Exclusivity of remedies
Status: in_force

The remedies expressly provided in § 56-53-107 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-53-107 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for the same element of economic damage. Further, in any civil action pleading both exemplary damages and the treble damages available in § 56-53-107(c) , the plaintiff shall elect one (1) or the other remedy, but not both, at the conclusion of the evidentiary phase of the trial; provided, that nothing in this chapter shall limit or abrogate any right of action that would have existed in the absence of this chapter, but no action based on such a right shall rely on this chapter to establish a standard of conduct or for any other purpose. Acts 2001, ch. 356, § 9.
The remedies expressly provided in § 56-53-107 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-53-107 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for the same element of economic damage. Further, in any civil action pleading both exemplary damages and the treble damages available in § 56-53-107(c) , the plaintiff shall elect one (1) or the other remedy, but not both, at the conclusion of the evidentiary phase of the trial; provided, that nothing in this chapter shall limit or abrogate any right of action that would have existed in the absence of this chapter, but no action based on such a right shall rely on this chapter to establish a standard of conduct or for any other purpose.
Acts 2001, ch. 356, § 9.
Tenn. Code Ann. § 56-2-126 — TN Code / Title 56 / Chapter 2 / Section 56-2-126
Service contracts not to be construed as business of insurance
Status: in_force

(a) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract shall not be construed to be the business of insurance and shall be exempt from regulation as insurance pursuant to this title. (b) (1) For purposes of this section, "service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the service, repair, replacement or maintenance of property or indemnification for service, repair, replacement or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, road hazard and emergency road service. "Service contract" includes motor vehicle extended service contracts and agreements. Service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling. (2) (A) For the purposes of this section, "service contract" also means a contract or agreement that provides one (1) or more of the following: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards; or (iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen. (B) For purposes of subdivision (b)(2)(A), "road hazard" means a hazard that is encountered while driving a motor vehicle, which may include potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. (c) A contract excluded from the definition of a "pre-need funeral contract" pursuant to § 62-5-403(9)(C) is not a contract of insurance within the meaning of this title. Amended by 2018 Tenn. Acts, ch. 623,s 1, eff. 4/2/2018. Amended by 2017 Tenn. Acts, ch. 90,s 1, eff. 4/4/2017. Acts 2011, ch. 71, § 1.
(a) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract shall not be construed to be the business of insurance and shall be exempt from regulation as insurance pursuant to this title.
(b) (1) For purposes of this section, "service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the service, repair, replacement or maintenance of property or indemnification for service, repair, replacement or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, road hazard and emergency road service. "Service contract" includes motor vehicle extended service contracts and agreements. Service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling. (2) (A) For the purposes of this section, "service contract" also means a contract or agreement that provides one (1) or more of the following: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards; or (iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen. (B) For purposes of subdivision (b)(2)(A), "road hazard" means a hazard that is encountered while driving a motor vehicle, which may include potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(1) For purposes of this section, "service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the service, repair, replacement or maintenance of property or indemnification for service, repair, replacement or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, road hazard and emergency road service. "Service contract" includes motor vehicle extended service contracts and agreements. Service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling.
(2) (A) For the purposes of this section, "service contract" also means a contract or agreement that provides one (1) or more of the following: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards; or (iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen. (B) For purposes of subdivision (b)(2)(A), "road hazard" means a hazard that is encountered while driving a motor vehicle, which may include potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(A) For the purposes of this section, "service contract" also means a contract or agreement that provides one (1) or more of the following: (i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; (ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting; (iii) The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards; or (iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
(i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards;
(ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
(iii) The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards; or
(iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
(B) For purposes of subdivision (b)(2)(A), "road hazard" means a hazard that is encountered while driving a motor vehicle, which may include potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(c) A contract excluded from the definition of a "pre-need funeral contract" pursuant to § 62-5-403(9)(C) is not a contract of insurance within the meaning of this title.
Amended by 2018 Tenn. Acts, ch. 623,s 1, eff. 4/2/2018.
Amended by 2017 Tenn. Acts, ch. 90,s 1, eff. 4/4/2017.
Acts 2011, ch. 71, § 1.
Tenn. Code Ann. § 56-4-307 — TN Code / Title 56 / Chapter 4 / Section 56-4-307
Annual report - Fiscal year - Annual return
Status: in_force

(a) An annual report shall be filed with the commissioner on or before the first day of the fourth month following the close of the investment company's fiscal year. (b) The close of the investment company's fiscal year for purposes of this part shall coincide with the close of the investment company's fiscal year for federal income tax purposes. (c) The annual return shall be sworn and shall be made on forms prepared and furnished by the commissioner showing the total or aggregate gross income or profits as defined in § 56-4-305 , and showing appropriate figures necessary to determine what portion of gross profits or income shall be allocated to the state. Acts 1939, ch. 187, § 4; C. Supp. 1950, § 1248.36 (Williams, § 1248.163); T.C.A. (orig. ed.), §§ 67-4407, 67-4-1207; Acts 1986, ch. 598, § 12.
(a) An annual report shall be filed with the commissioner on or before the first day of the fourth month following the close of the investment company's fiscal year.
(b) The close of the investment company's fiscal year for purposes of this part shall coincide with the close of the investment company's fiscal year for federal income tax purposes.
(c) The annual return shall be sworn and shall be made on forms prepared and furnished by the commissioner showing the total or aggregate gross income or profits as defined in § 56-4-305 , and showing appropriate figures necessary to determine what portion of gross profits or income shall be allocated to the state.
Acts 1939, ch. 187, § 4; C. Supp. 1950, § 1248.36 (Williams, § 1248.163); T.C.A. (orig. ed.), §§ 67-4407, 67-4-1207; Acts 1986, ch. 598, § 12.
Tenn. Code Ann. § 56-7-1808 — TN Code / Title 56 / Chapter 7 / Section 56-7-1808
Promulgation of rules and regulations by commissioner
Status: in_force

(a) The commissioner may, after notice and hearing, promulgate rules and regulations to carry out this part. (b) The rulemaking authority includes the power to increase or decrease the time within which notice is required by this part. Acts 1986, ch. 656, § 8.
(a) The commissioner may, after notice and hearing, promulgate rules and regulations to carry out this part.
(b) The rulemaking authority includes the power to increase or decrease the time within which notice is required by this part.
Acts 1986, ch. 656, § 8.
Tenn. Code Ann. § 56-36-105 — TN Code / Title 56 / Chapter 36 / Section 56-36-105
Computation of present value
Status: in_force

Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. The present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract. Acts 1978, ch. 590, § 5; T.C.A., § 56-4605.
Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. The present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.
Acts 1978, ch. 590, § 5; T.C.A., § 56-4605.
Tenn. Code Ann. § 56-1-410 — TN Code / Title 56 / Chapter 1 / Section 56-1-410
Examination of foreign companies
Status: in_force

(a) When the commissioner or the commissioner's deputy deems it prudent for the protection of policyholders in this state, the commissioner shall in like manner, visit and examine, or cause to be visited and examined by some competent person or persons the commissioner may appoint for that purpose, any foreign insurance company applying for admission to do business in this state. (b) In lieu of an examination under this section of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company as prepared by the department of insurance for the company's state of domicile or port-of-entry state until January 1, 1994. Thereafter, these reports may only be accepted if: (1) The department of insurance was at the time of the examination accredited under the National Association of Insurance Commissioners, Financial Regulation Standards and Accreditation Program; or (2) The examination is performed: (A) Under the supervision of a department of insurance so accredited; or (B) With the participation of one (1) or more examiners who are employed by such an accredited state department of insurance and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their department of insurance. Acts 1895, ch. 160, § 4; Shan., § 3280; Code 1932, § 6094; T.C.A. (orig. ed.), § 56-122; Acts 1993, ch. 253, §§ 2, 3.
(a) When the commissioner or the commissioner's deputy deems it prudent for the protection of policyholders in this state, the commissioner shall in like manner, visit and examine, or cause to be visited and examined by some competent person or persons the commissioner may appoint for that purpose, any foreign insurance company applying for admission to do business in this state.
(b) In lieu of an examination under this section of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company as prepared by the department of insurance for the company's state of domicile or port-of-entry state until January 1, 1994. Thereafter, these reports may only be accepted if: (1) The department of insurance was at the time of the examination accredited under the National Association of Insurance Commissioners, Financial Regulation Standards and Accreditation Program; or (2) The examination is performed: (A) Under the supervision of a department of insurance so accredited; or (B) With the participation of one (1) or more examiners who are employed by such an accredited state department of insurance and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their department of insurance.
(1) The department of insurance was at the time of the examination accredited under the National Association of Insurance Commissioners, Financial Regulation Standards and Accreditation Program; or
(2) The examination is performed: (A) Under the supervision of a department of insurance so accredited; or (B) With the participation of one (1) or more examiners who are employed by such an accredited state department of insurance and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their department of insurance.
(A) Under the supervision of a department of insurance so accredited; or
(B) With the participation of one (1) or more examiners who are employed by such an accredited state department of insurance and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their department of insurance.
Acts 1895, ch. 160, § 4; Shan., § 3280; Code 1932, § 6094; T.C.A. (orig. ed.), § 56-122; Acts 1993, ch. 253, §§ 2, 3.
Tenn. Code Ann. § 56-30-116 — TN Code / Title 56 / Chapter 30 / Section 56-30-116
Financial and statistical records
Status: in_force

Every dental service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner. Acts 1961, ch. 340, § 15; T.C.A., § 56-3516.
Every dental service plan corporation shall maintain adequate financial and statistical records in reasonable uniformity with accounting plans and statistical requirements of the annual statement blank required by the commissioner.
Acts 1961, ch. 340, § 15; T.C.A., § 56-3516.
Tenn. Code Ann. § 56-10-103 — TN Code / Title 56 / Chapter 10 / Section 56-10-103
Approval of the boards of directors
Status: in_force

(a) The board of directors of each such corporation shall adopt a resolution approved by a majority of the whole board setting forth the proposed plan of merger, consolidation or exchange, and directing that it be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting. The plan shall set forth: (1) The name of each corporation that is a party to the plan and, if the name of any of them has been changed, the name under which it was formed; and the name of the surviving corporation or the name, or the method of determining the name, of the consolidated corporation; (2) The terms and conditions of the proposed merger, consolidation or exchange of stock; (3) The manner and basis of carrying the merger, consolidation or exchange into effect; and (4) In the case of a merger, a statement of any amendments or changes in the charter of the surviving corporation to be effected by the merger; or in the case of a consolidation, all statements required to be included in the charter for a new corporation formed pursuant to title 48, chapter 12 or chapter 52, as applicable. (b) No director, officer, agent or employee of any such corporation shall receive any fee, commission, compensation or other valuable consideration whatsoever for in any manner aiding, promoting or assisting in the adoption or approval of the plan except as specifically set forth in the plan. Acts 1968, ch. 448, § 2; T.C.A., § 56-3603.
(a) The board of directors of each such corporation shall adopt a resolution approved by a majority of the whole board setting forth the proposed plan of merger, consolidation or exchange, and directing that it be submitted to a vote at a meeting of shareholders, which may be either an annual or a special meeting. The plan shall set forth: (1) The name of each corporation that is a party to the plan and, if the name of any of them has been changed, the name under which it was formed; and the name of the surviving corporation or the name, or the method of determining the name, of the consolidated corporation; (2) The terms and conditions of the proposed merger, consolidation or exchange of stock; (3) The manner and basis of carrying the merger, consolidation or exchange into effect; and (4) In the case of a merger, a statement of any amendments or changes in the charter of the surviving corporation to be effected by the merger; or in the case of a consolidation, all statements required to be included in the charter for a new corporation formed pursuant to title 48, chapter 12 or chapter 52, as applicable.
(1) The name of each corporation that is a party to the plan and, if the name of any of them has been changed, the name under which it was formed; and the name of the surviving corporation or the name, or the method of determining the name, of the consolidated corporation;
(2) The terms and conditions of the proposed merger, consolidation or exchange of stock;
(3) The manner and basis of carrying the merger, consolidation or exchange into effect; and
(4) In the case of a merger, a statement of any amendments or changes in the charter of the surviving corporation to be effected by the merger; or in the case of a consolidation, all statements required to be included in the charter for a new corporation formed pursuant to title 48, chapter 12 or chapter 52, as applicable.
(b) No director, officer, agent or employee of any such corporation shall receive any fee, commission, compensation or other valuable consideration whatsoever for in any manner aiding, promoting or assisting in the adoption or approval of the plan except as specifically set forth in the plan.
Acts 1968, ch. 448, § 2; T.C.A., § 56-3603.
Tenn. Code Ann. § 56-6-1202 — TN Code / Title 56 / Chapter 6 / Section 56-6-1202
Requirement to hold a limited lines license to sell or offer coverage
Status: in_force

(a) An owner shall hold a limited lines business entity producer's license to sell or offer coverage under a policy of self-service storage insurance. An owner who complies with this part shall be entitled to a limited lines license, without examination, authorizing the owner to sell or offer coverage under a policy of self-service storage insurance. (b) A limited lines license issued to an owner under this section shall authorize any employee or authorized representative of the owner to sell or offer coverage under a policy of self-service storage insurance to an occupant at each location at which the owner engages in self-service storage transactions. (c) In connection with an owner's initial application for licensure and at renewal, the owner shall provide a list to the commissioner of all locations in this state at which the owner offers coverage. (d) Notwithstanding any law to the contrary, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in activities permitted in this part. Added by 2013 Tenn. Acts, ch. 293,s 3, eff. 7/1/2013.
(a) An owner shall hold a limited lines business entity producer's license to sell or offer coverage under a policy of self-service storage insurance. An owner who complies with this part shall be entitled to a limited lines license, without examination, authorizing the owner to sell or offer coverage under a policy of self-service storage insurance.
(b) A limited lines license issued to an owner under this section shall authorize any employee or authorized representative of the owner to sell or offer coverage under a policy of self-service storage insurance to an occupant at each location at which the owner engages in self-service storage transactions.
(c) In connection with an owner's initial application for licensure and at renewal, the owner shall provide a list to the commissioner of all locations in this state at which the owner offers coverage.
(d) Notwithstanding any law to the contrary, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in activities permitted in this part.
Added by 2013 Tenn. Acts, ch. 293,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-37-109 — TN Code / Title 56 / Chapter 37 / Section 56-37-109
Loan charges
Status: in_force

No licensee under this chapter has the power to charge premium loan charges other than, or in amounts greater than, the following: (1) Licensees may charge, in the case of the precomputed loan, a service charge in an amount equal to four percent (4%) of the total amount of the loan, which charge may be deducted in advance from the principal of the premium loan; provided, that a licensee who contracts for the payment of interest on the balances from time to time outstanding, commonly referred to as a revolving or open-end account, shall be limited to contracting for a service charge not to exceed fifteen dollars ($15.00) and payable no more frequently than once per calendar year per premium loan account. This service charge shall be in lieu of all other compensation for services, expenses, detriments or commitments directly incident to the loan, except those charges that are otherwise specifically provided in this chapter. This charge is authorized and limited on the basis that it is generally reasonably related to the total costs and expenses that it is designed to cover, and in order to make the amount of the charges more certain and readily ascertainable by the registrants, their borrowers and the commissioner, and to that end registrants shall not be required to maintain detailed records with respect to the services, expenses, detriments or commitments covered thereby. This charge shall not, however, be imposed on that portion of a loan used to pay any existing loan or part thereof owing by the same borrower or spouse or both to the same licensee or any affiliated lender. (2) (A) A premium finance agreement may provide for the payment by the insured of a delinquency charge of two dollars ($2.00) to a maximum of five percent (5%) of the delinquent installment on any installment, which is in default for a period of ten (10) days or more; provided, that the charge shall not be collected more than once for the same delinquency. (B) If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of five dollars ($5.00). (3) A premium finance agreement may provide for payment of collection costs, attorney's fees equal to fifteen percent (15%) of the outstanding indebtedness and any other charges that arose because one (1) party breached the contract. (4) None of the charges referred to in this section shall be considered directly or indirectly in determining whether a violation of the usury laws has occurred under a premium finance agreement. Acts 1980, ch. 920, § 9; 1981, ch. 414, § 2; 1983, ch. 431, § 2.
No licensee under this chapter has the power to charge premium loan charges other than, or in amounts greater than, the following:
(1) Licensees may charge, in the case of the precomputed loan, a service charge in an amount equal to four percent (4%) of the total amount of the loan, which charge may be deducted in advance from the principal of the premium loan; provided, that a licensee who contracts for the payment of interest on the balances from time to time outstanding, commonly referred to as a revolving or open-end account, shall be limited to contracting for a service charge not to exceed fifteen dollars ($15.00) and payable no more frequently than once per calendar year per premium loan account. This service charge shall be in lieu of all other compensation for services, expenses, detriments or commitments directly incident to the loan, except those charges that are otherwise specifically provided in this chapter. This charge is authorized and limited on the basis that it is generally reasonably related to the total costs and expenses that it is designed to cover, and in order to make the amount of the charges more certain and readily ascertainable by the registrants, their borrowers and the commissioner, and to that end registrants shall not be required to maintain detailed records with respect to the services, expenses, detriments or commitments covered thereby. This charge shall not, however, be imposed on that portion of a loan used to pay any existing loan or part thereof owing by the same borrower or spouse or both to the same licensee or any affiliated lender.
(2) (A) A premium finance agreement may provide for the payment by the insured of a delinquency charge of two dollars ($2.00) to a maximum of five percent (5%) of the delinquent installment on any installment, which is in default for a period of ten (10) days or more; provided, that the charge shall not be collected more than once for the same delinquency. (B) If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of five dollars ($5.00).
(A) A premium finance agreement may provide for the payment by the insured of a delinquency charge of two dollars ($2.00) to a maximum of five percent (5%) of the delinquent installment on any installment, which is in default for a period of ten (10) days or more; provided, that the charge shall not be collected more than once for the same delinquency.
(B) If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of five dollars ($5.00).
(3) A premium finance agreement may provide for payment of collection costs, attorney's fees equal to fifteen percent (15%) of the outstanding indebtedness and any other charges that arose because one (1) party breached the contract.
(4) None of the charges referred to in this section shall be considered directly or indirectly in determining whether a violation of the usury laws has occurred under a premium finance agreement.
Acts 1980, ch. 920, § 9; 1981, ch. 414, § 2; 1983, ch. 431, § 2.
Tenn. Code Ann. § 56-26-203 — TN Code / Title 56 / Chapter 26 / Section 56-26-203
Benefits entitlement when husband and wife covered as employees of same employer - Family members
Status: in_force

When a husband and wife are both employed by the same employer, and both have enrolled themselves and their eligible family members under their employer's group accident and health insurance policy issued in this state after April 2, 1981, each spouse may claim on the person's own behalf, or on behalf of the person's enrolled dependents, the combined maximum contractual benefits to which an employee is entitled under the terms of the group policy, not to exceed in the aggregate one hundred percent (100%) of the expenses incurred. Acts 1981, ch. 92, § 1.
When a husband and wife are both employed by the same employer, and both have enrolled themselves and their eligible family members under their employer's group accident and health insurance policy issued in this state after April 2, 1981, each spouse may claim on the person's own behalf, or on behalf of the person's enrolled dependents, the combined maximum contractual benefits to which an employee is entitled under the terms of the group policy, not to exceed in the aggregate one hundred percent (100%) of the expenses incurred.
Acts 1981, ch. 92, § 1.
Tenn. Code Ann. § 56-26-106 — TN Code / Title 56 / Chapter 26 / Section 56-26-106
Required form and contents of policy
Status: in_force

No policy of sickness and accident insurance shall be delivered or issued for delivery to any person in this state, unless: (1) The entire money and other considerations therefor are expressed in the policy; (2) The time at which the insurance takes effect and terminates is expressed in the policy; (3) The policy purports to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, dependent children or any children under a specified age that shall not exceed nineteen (19) years, and any other person dependent upon the policyholder; (4) The style, arrangement, and overall appearance of the policy and any endorsements or attached papers give no undue prominence to any portion of the text. For purposes of this subdivision (4), "text" includes all printed matter except the name and address of the insurer, the name or title of the policy, and captions and subcaptions; (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in §§ 56-26-108 - 56-26-114, are printed, at the insurer's option, either included with the benefit provision to which they apply or under an appropriate caption such as "EXCEPTIONS" or "EXCEPTIONS AND REDUCTIONS"; provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies; (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page of the form; (7) The policy contains no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner; and (8) If the policy is a limited policy, which is defined as a policy that contains unusual exclusions, limitations, restrictions, reductions in benefits or conditions of such a nature that the payments of benefits under the policy are thereby substantially limited in frequency or in amount, it shall be so identified by having the words "THIS IS A LIMITED POLICY - READ IT CAREFULLY" imprinted diagonally across the face of the policy and the filing back in contrasting color from the text of the policy and in outline type not smaller than eighteen-point, or words which, in the opinion of the commissioner, have substantially the same meaning and effect; when appropriate, these words may be varied by the insurer in a manner to indicate the type of policy; as for example, "THIS POLICY IS LIMITED TO CANCER ONLY - READ IT CAREFULLY." Acts 1955, ch. 4, § 3; 1976, ch. 397, § 2; T.C.A., § 56-3306; Acts 1981, ch. 415, § 11.
No policy of sickness and accident insurance shall be delivered or issued for delivery to any person in this state, unless:
(1) The entire money and other considerations therefor are expressed in the policy;
(2) The time at which the insurance takes effect and terminates is expressed in the policy;
(3) The policy purports to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, dependent children or any children under a specified age that shall not exceed nineteen (19) years, and any other person dependent upon the policyholder;
(4) The style, arrangement, and overall appearance of the policy and any endorsements or attached papers give no undue prominence to any portion of the text. For purposes of this subdivision (4), "text" includes all printed matter except the name and address of the insurer, the name or title of the policy, and captions and subcaptions;
(5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in §§ 56-26-108 - 56-26-114, are printed, at the insurer's option, either included with the benefit provision to which they apply or under an appropriate caption such as "EXCEPTIONS" or "EXCEPTIONS AND REDUCTIONS"; provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies;
(6) Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page of the form;
(7) The policy contains no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner; and
(8) If the policy is a limited policy, which is defined as a policy that contains unusual exclusions, limitations, restrictions, reductions in benefits or conditions of such a nature that the payments of benefits under the policy are thereby substantially limited in frequency or in amount, it shall be so identified by having the words "THIS IS A LIMITED POLICY - READ IT CAREFULLY" imprinted diagonally across the face of the policy and the filing back in contrasting color from the text of the policy and in outline type not smaller than eighteen-point, or words which, in the opinion of the commissioner, have substantially the same meaning and effect; when appropriate, these words may be varied by the insurer in a manner to indicate the type of policy; as for example, "THIS POLICY IS LIMITED TO CANCER ONLY - READ IT CAREFULLY."
Acts 1955, ch. 4, § 3; 1976, ch. 397, § 2; T.C.A., § 56-3306; Acts 1981, ch. 415, § 11.
Tenn. Code Ann. § 56-6-408 — TN Code / Title 56 / Chapter 6 / Section 56-6-408
Administrator's compensation not contingent on claim experience
Status: in_force

(a) With respect to any policies where an administrator adjusts or settles claims, the compensation to the administrator with regard to the policies shall in no way be contingent on claim experience. (b) This section shall not prevent the compensation of an administrator from being based on premiums or charges collected or number of claims paid or processed. Acts 1980, ch. 640, § 8.
(a) With respect to any policies where an administrator adjusts or settles claims, the compensation to the administrator with regard to the policies shall in no way be contingent on claim experience.
(b) This section shall not prevent the compensation of an administrator from being based on premiums or charges collected or number of claims paid or processed.
Acts 1980, ch. 640, § 8.
Tenn. Code Ann. § 56-2-1005 — TN Code / Title 56 / Chapter 2 / Section 56-2-1005
Investigation of a cybersecurity event
Status: in_force

(a) If a licensee learns that a cybersecurity event has or may have occurred, then the licensee or an outside vendor or service provider designated to act on behalf of the licensee shall conduct a prompt investigation. (b) During the investigation, the licensee or outside vendor or service provider shall, at a minimum: (1) Determine whether a cybersecurity event has occurred; (2) Assess the nature and scope of the cybersecurity event; (3) Identify nonpublic information that may have been involved in the cybersecurity event; and (4) Take or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control. (c) If the licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, then the licensee shall complete, or confirm and document that the third-party service provider has completed, the actions required by subsection (b). (d) The licensee shall maintain records concerning all cybersecurity events for a period of at least five (5) years from the date of discovery of the cybersecurity event and shall provide those records to the commissioner upon request. (e) If the licensee conducts an investigation or review of a potential or suspected cybersecurity event and determines that an event is not a cybersecurity event, then the licensee must reduce that determination to writing and maintain that writing for a period of at least five (5) years from the date of discovery of the event. The licensee shall provide the writing to the commissioner upon request. Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
(a) If a licensee learns that a cybersecurity event has or may have occurred, then the licensee or an outside vendor or service provider designated to act on behalf of the licensee shall conduct a prompt investigation.
(b) During the investigation, the licensee or outside vendor or service provider shall, at a minimum: (1) Determine whether a cybersecurity event has occurred; (2) Assess the nature and scope of the cybersecurity event; (3) Identify nonpublic information that may have been involved in the cybersecurity event; and (4) Take or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
(1) Determine whether a cybersecurity event has occurred;
(2) Assess the nature and scope of the cybersecurity event;
(3) Identify nonpublic information that may have been involved in the cybersecurity event; and
(4) Take or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
(c) If the licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, then the licensee shall complete, or confirm and document that the third-party service provider has completed, the actions required by subsection (b).
(d) The licensee shall maintain records concerning all cybersecurity events for a period of at least five (5) years from the date of discovery of the cybersecurity event and shall provide those records to the commissioner upon request.
(e) If the licensee conducts an investigation or review of a potential or suspected cybersecurity event and determines that an event is not a cybersecurity event, then the licensee must reduce that determination to writing and maintain that writing for a period of at least five (5) years from the date of discovery of the event. The licensee shall provide the writing to the commissioner upon request.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-35-106 — TN Code / Title 56 / Chapter 35 / Section 56-35-106
Certificate of compliance - Fee
Status: in_force

Whenever any title insurance company has made the deposit of money or securities, as required by this chapter, or, if a foreign title insurance company, has duly filed the certificate referred to in § 56-35-112 and satisfied the commissioner that it has on deposit with the proper officer of some other state cash or authorized securities, which, when added to any sums so deposited in this state, are sufficient to meet the deposit requirements of § 56-35-112 , submitted satisfactory evidence to the commissioner that it has complied with this chapter, and paid a fee of one hundred dollars ($100) for issuance of a certificate to do business, then the commissioner shall issue a certificate renewable July 1 of each year, reciting that the insurer has complied with the title insurance law of this state and is authorized to do a title insurance business in this state. Acts 1955, ch. 173, § 4; 1959, ch. 88, § 2; 1979, ch. 298, §§ 9, 10; T.C.A., § 56-3406.
Whenever any title insurance company has made the deposit of money or securities, as required by this chapter, or, if a foreign title insurance company, has duly filed the certificate referred to in § 56-35-112 and satisfied the commissioner that it has on deposit with the proper officer of some other state cash or authorized securities, which, when added to any sums so deposited in this state, are sufficient to meet the deposit requirements of § 56-35-112 , submitted satisfactory evidence to the commissioner that it has complied with this chapter, and paid a fee of one hundred dollars ($100) for issuance of a certificate to do business, then the commissioner shall issue a certificate renewable July 1 of each year, reciting that the insurer has complied with the title insurance law of this state and is authorized to do a title insurance business in this state.
Acts 1955, ch. 173, § 4; 1959, ch. 88, § 2; 1979, ch. 298, §§ 9, 10; T.C.A., § 56-3406.
Tenn. Code Ann. § 56-25-103 — TN Code / Title 56 / Chapter 25 / Section 56-25-103
Representative form of government
Status: in_force

A society has a representative form of government when: (1) It has a supreme governing body constituted in one (1) of the following ways: (A) Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two thirds (2/3) of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or (B) Direct Election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and be not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society; (2) The officers of the society are elected either by the supreme governing body or by the board of directors; (3) Only benefit members are eligible for election to the supreme governing body, the board of directors or any intermediate assembly; and (4) Each voting member has one (1) vote; no vote may be cast by proxy. Acts 1990, ch. 703, § 1.
A society has a representative form of government when:
(1) It has a supreme governing body constituted in one (1) of the following ways: (A) Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two thirds (2/3) of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or (B) Direct Election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and be not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
(A) Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two thirds (2/3) of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or
(B) Direct Election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and be not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
(2) The officers of the society are elected either by the supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the supreme governing body, the board of directors or any intermediate assembly; and
(4) Each voting member has one (1) vote; no vote may be cast by proxy.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-20-112 — TN Code / Title 56 / Chapter 20 / Section 56-20-112
Notice of exclusion and cancellation - Repayment of equitable portion of unearned premiums of cancelled policy
Status: in_force

If any member of the corporation is excluded therefrom as provided in § 56-20-110 , and the policy issued to such member cancelled, the secretary shall at once enter the action, with date thereof, upon the records of the association, and, either in person or by mail, notify the member of the exclusion, and, if by mail, the postage shall be prepaid and the notice be addressed to the office given in the application or policy. From and after the personal notice, or five (5) days after mailing the notice, as required in this section, the policy shall be cancelled, and all liability on the policy shall cease, but the owner shall be entitled to receive from the corporation a repayment of an equitable portion of all unearned money to which the member has contributed, if any. Acts 1895, ch. 220, § 8; Shan., § 3365; Code 1932, § 6247; T.C.A. (orig. ed.), § 56-1912.
If any member of the corporation is excluded therefrom as provided in § 56-20-110 , and the policy issued to such member cancelled, the secretary shall at once enter the action, with date thereof, upon the records of the association, and, either in person or by mail, notify the member of the exclusion, and, if by mail, the postage shall be prepaid and the notice be addressed to the office given in the application or policy. From and after the personal notice, or five (5) days after mailing the notice, as required in this section, the policy shall be cancelled, and all liability on the policy shall cease, but the owner shall be entitled to receive from the corporation a repayment of an equitable portion of all unearned money to which the member has contributed, if any.
Acts 1895, ch. 220, § 8; Shan., § 3365; Code 1932, § 6247; T.C.A. (orig. ed.), § 56-1912.
Tenn. Code Ann. § 56-12-110 — TN Code / Title 56 / Chapter 12 / Section 56-12-110
Effect of paid claims - Rights of association - Subrogation - Priorities - Statements
Status: in_force

(a) Any person recovering under this part shall be deemed to have assigned that person's rights under the policy to the association to the extent of that person's recovery from the association. Every insured or claimant seeking the protection of this part shall cooperate with the association to the same extent as that person would have been required to cooperate with the insolvent insurer. The association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except those causes of action as the insolvent insurer would have had if the sums had been paid by the insolvent insurer and except as provided in subsection (b). (b) The association shall have the right to recover from the following persons the amount of any "covered claim" paid on behalf of such person pursuant to this part: (1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds twenty-five million dollars ($25,000,000) and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part; and (2) Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part. (c) The association and any similar organization in another state are claimants in the liquidation of an insolvent insurer for any amounts paid by them on covered claims obligations as determined under this part or similar laws in other states and shall receive dividends and any other distributions at the priority set forth in § 56-9-330 . The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by determinations of covered claim eligibility under this part and by settlements of claims made by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this part against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses for handling claims. (d) The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association that shall preserve the rights of the association against the assets of the insolvent insurer. Acts 1971, ch. 180, § 10; T.C.A., § 56-4010; Acts 1999, ch. 48, § 9.
(a) Any person recovering under this part shall be deemed to have assigned that person's rights under the policy to the association to the extent of that person's recovery from the association. Every insured or claimant seeking the protection of this part shall cooperate with the association to the same extent as that person would have been required to cooperate with the insolvent insurer. The association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except those causes of action as the insolvent insurer would have had if the sums had been paid by the insolvent insurer and except as provided in subsection (b).
(b) The association shall have the right to recover from the following persons the amount of any "covered claim" paid on behalf of such person pursuant to this part: (1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds twenty-five million dollars ($25,000,000) and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part; and (2) Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part.
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds twenty-five million dollars ($25,000,000) and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part; and
(2) Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part.
(c) The association and any similar organization in another state are claimants in the liquidation of an insolvent insurer for any amounts paid by them on covered claims obligations as determined under this part or similar laws in other states and shall receive dividends and any other distributions at the priority set forth in § 56-9-330 . The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by determinations of covered claim eligibility under this part and by settlements of claims made by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this part against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses for handling claims.
(d) The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association that shall preserve the rights of the association against the assets of the insolvent insurer.
Acts 1971, ch. 180, § 10; T.C.A., § 56-4010; Acts 1999, ch. 48, § 9.
Tenn. Code Ann. § 56-50-116 — TN Code / Title 56 / Chapter 50 / Section 56-50-116
Unfair trade practices
Status: in_force

A violation of this chapter, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under chapter 8 of this title, subject to the penalties contained in chapter 8 of this title. Acts 2009, ch. 604, § 17.
A violation of this chapter, including the commission of a fraudulent viatical settlement act, shall be considered an unfair trade practice under chapter 8 of this title, subject to the penalties contained in chapter 8 of this title.
Acts 2009, ch. 604, § 17.
Tenn. Code Ann. § 56-21-127 — TN Code / Title 56 / Chapter 21 / Section 56-21-127
Premium rate or assessment paid to reinsuring company
Status: in_force

When any company subject to this chapter reinsures in another company the whole or a part of any risk it has outstanding by reason of the issuance of a policy of insurance, the company shall pay to the reinsuring company the regular rate or assessment that the company accepting the reinsurance may establish or require, and any money or assets of the state mutual fire insurance company shall be liable for the payment of the premium or assessment due. Acts 1925, ch. 85, § 3; Shan. Supp., § 3369a29b4; Code 1932, § 6282; T.C.A. (orig. ed.), § 56-2029.
When any company subject to this chapter reinsures in another company the whole or a part of any risk it has outstanding by reason of the issuance of a policy of insurance, the company shall pay to the reinsuring company the regular rate or assessment that the company accepting the reinsurance may establish or require, and any money or assets of the state mutual fire insurance company shall be liable for the payment of the premium or assessment due.
Acts 1925, ch. 85, § 3; Shan. Supp., § 3369a29b4; Code 1932, § 6282; T.C.A. (orig. ed.), § 56-2029.
Tenn. Code Ann. § 56-1-403 — TN Code / Title 56 / Chapter 1 / Section 56-1-403
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 260, s 1, eff. 7/1/2013. Acts 1895, ch. 160, § 8; Shan., § 3289; Code 1932, § 6104; Acts 1945, ch. 56, § 2; C. Supp. 1950, § 6104; Acts 1961, ch. 37, § 1; 1963, ch. 140, § 3; 1973, ch. 203, §§ 1-3; 1976, ch. 430, § 2; 1978, ch. 591, § 1; T.C.A. (orig. ed.), § 56-115; Acts 1982, ch. 660, § 2.
Repealed by 2013 Tenn. Acts, ch. 260, s 1, eff. 7/1/2013.
Acts 1895, ch. 160, § 8; Shan., § 3289; Code 1932, § 6104; Acts 1945, ch. 56, § 2; C. Supp. 1950, § 6104; Acts 1961, ch. 37, § 1; 1963, ch. 140, § 3; 1973, ch. 203, §§ 1-3; 1976, ch. 430, § 2; 1978, ch. 591, § 1; T.C.A. (orig. ed.), § 56-115; Acts 1982, ch. 660, § 2.