Tenn. Code Ann. § 56-6-504 — TN Code / Title 56 / Chapter 6 / Section 56-6-504
Contract required for business between an MGA and an insurer - Required provisions
Status: in_force

No person, firm, association or corporation acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between the parties that sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of responsibilities, and that contains the following minimum provisions: (1) The insurer may terminate the contract for cause upon written notice to the MGA. The insurer may suspend the underwriting authority of the MGA during the pendency of any dispute regarding the cause for termination; (2) The MGA will render accounts to the insurer detailing all transactions and remit all funds due under the contract to the insurer on not less than a monthly basis; (3) All funds collected for the account of an insurer will be held by the MGA in a fiduciary capacity in a bank that is a member of the federal reserve system or is a state bank covered by federal deposit insurance. This account shall be used for all payments on behalf of the insurer. The MGA may retain no more than three (3) months estimated claims payments and allocated loss adjustment expenses; (4) Separate records of business written by the MGA will be maintained. The insurer shall have access and right to copy all accounts and records related to its business in a form usable by the insurer, and the commissioner shall have access to all books, bank accounts and records of the MGA in a form usable to the commissioner. The records shall be retained according to § 56-6-154 [repealed]; (5) The contract may not be assigned in whole or in part by the MGA; (6) (A) Appropriate underwriting guidelines including: (i) The maximum annual premium volume; (ii) The basis of the rates to be charged; (iii) The types of risks which may be written; (iv) Maximum limits of liability; (v) Applicable exclusions; (vi) Territorial limitations; (vii) Policy cancellation provisions; and (viii) The maximum policy period. (B) The insurer shall have the right to cancel or nonrenew any policy of insurance, subject to the applicable laws and regulations concerning the cancellation and nonrenewal of insurance policies; (7) If the contract permits the MGA to settle claims on behalf of the insurer: (A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the commissioner or exceeds the limit set by the company, whichever is less; (ii) Involves a coverage dispute; (iii) May exceed the MGA's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less; (C) All claim files will be the joint property of the insurer and MGA. Upon an order of liquidation of the insurer, the files shall become the sole property of the insurer or its estate. The MGA shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the MGA may be terminated for cause upon the insurer's written notice to the MGA or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination; (8) Where electronic claims files are in existence, the contract must address the timely transmission of the data; (9) If the contract provides for a sharing of interim profits by the MGA, and the MGA has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the MGA until one (1) year after they are earned for property insurance business and five (5) years after they are earned on casualty business, and not until the profits have been verified pursuant to § 56-6-505 ; and (10) The MGA shall not: (A) Bind reinsurance or retrocessions on behalf of the insurer, except that the MGA may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules; (B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which the producer is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed one percent (1%) of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a sub-MGA. Acts 1991, ch. 142, § 7.
No person, firm, association or corporation acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between the parties that sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of responsibilities, and that contains the following minimum provisions:
(1) The insurer may terminate the contract for cause upon written notice to the MGA. The insurer may suspend the underwriting authority of the MGA during the pendency of any dispute regarding the cause for termination;
(2) The MGA will render accounts to the insurer detailing all transactions and remit all funds due under the contract to the insurer on not less than a monthly basis;
(3) All funds collected for the account of an insurer will be held by the MGA in a fiduciary capacity in a bank that is a member of the federal reserve system or is a state bank covered by federal deposit insurance. This account shall be used for all payments on behalf of the insurer. The MGA may retain no more than three (3) months estimated claims payments and allocated loss adjustment expenses;
(4) Separate records of business written by the MGA will be maintained. The insurer shall have access and right to copy all accounts and records related to its business in a form usable by the insurer, and the commissioner shall have access to all books, bank accounts and records of the MGA in a form usable to the commissioner. The records shall be retained according to § 56-6-154 [repealed];
(5) The contract may not be assigned in whole or in part by the MGA;
(6) (A) Appropriate underwriting guidelines including: (i) The maximum annual premium volume; (ii) The basis of the rates to be charged; (iii) The types of risks which may be written; (iv) Maximum limits of liability; (v) Applicable exclusions; (vi) Territorial limitations; (vii) Policy cancellation provisions; and (viii) The maximum policy period. (B) The insurer shall have the right to cancel or nonrenew any policy of insurance, subject to the applicable laws and regulations concerning the cancellation and nonrenewal of insurance policies;
(A) Appropriate underwriting guidelines including: (i) The maximum annual premium volume; (ii) The basis of the rates to be charged; (iii) The types of risks which may be written; (iv) Maximum limits of liability; (v) Applicable exclusions; (vi) Territorial limitations; (vii) Policy cancellation provisions; and (viii) The maximum policy period.
(i) The maximum annual premium volume;
(ii) The basis of the rates to be charged;
(iii) The types of risks which may be written;
(iv) Maximum limits of liability;
(v) Applicable exclusions;
(vi) Territorial limitations;
(vii) Policy cancellation provisions; and
(viii) The maximum policy period.
(B) The insurer shall have the right to cancel or nonrenew any policy of insurance, subject to the applicable laws and regulations concerning the cancellation and nonrenewal of insurance policies;
(7) If the contract permits the MGA to settle claims on behalf of the insurer: (A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the commissioner or exceeds the limit set by the company, whichever is less; (ii) Involves a coverage dispute; (iii) May exceed the MGA's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less; (C) All claim files will be the joint property of the insurer and MGA. Upon an order of liquidation of the insurer, the files shall become the sole property of the insurer or its estate. The MGA shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the MGA may be terminated for cause upon the insurer's written notice to the MGA or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination;
(A) All claims must be reported to the company in a timely manner;
(B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the commissioner or exceeds the limit set by the company, whichever is less; (ii) Involves a coverage dispute; (iii) May exceed the MGA's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less;
(i) Has the potential to exceed an amount determined by the commissioner or exceeds the limit set by the company, whichever is less;
(ii) Involves a coverage dispute;
(iii) May exceed the MGA's claims settlement authority;
(iv) Is open for more than six (6) months; or
(v) Is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less;
(C) All claim files will be the joint property of the insurer and MGA. Upon an order of liquidation of the insurer, the files shall become the sole property of the insurer or its estate. The MGA shall have reasonable access to and the right to copy the files on a timely basis; and
(D) Any settlement authority granted to the MGA may be terminated for cause upon the insurer's written notice to the MGA or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination;
(8) Where electronic claims files are in existence, the contract must address the timely transmission of the data;
(9) If the contract provides for a sharing of interim profits by the MGA, and the MGA has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the MGA until one (1) year after they are earned for property insurance business and five (5) years after they are earned on casualty business, and not until the profits have been verified pursuant to § 56-6-505 ; and
(10) The MGA shall not: (A) Bind reinsurance or retrocessions on behalf of the insurer, except that the MGA may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules; (B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which the producer is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed one percent (1%) of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a sub-MGA.
(A) Bind reinsurance or retrocessions on behalf of the insurer, except that the MGA may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules;
(B) Commit the insurer to participate in insurance or reinsurance syndicates;
(C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which the producer is appointed;
(D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed one percent (1%) of the insurer's policyholder's surplus as of December 31 of the last completed calendar year;
(E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer;
(F) Permit its subproducer to serve on the insurer's board of directors;
(G) Jointly employ an individual who is employed with the insurer; or
(H) Appoint a sub-MGA.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-50-105 — TN Code / Title 56 / Chapter 50 / Section 56-50-105
Approval of viatical settlement contracts and disclosure statements
Status: in_force

A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in the contract fail to meet the requirements of this chapter, including, but not limited to §§ 56-50-108 , 56-50-110 , 56-50-113 and 56-50-114(b) , or are unreasonable, contrary to the interests of the public or otherwise misleading or unfair to the viator. At the commissioner's discretion, the commissioner may require the submission of advertising material prior to its use in this state. Acts 2009, ch. 604, § 6.
A person shall not use a viatical settlement contract form or provide to a viator a disclosure statement form in this state unless first filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in the contract fail to meet the requirements of this chapter, including, but not limited to §§ 56-50-108 , 56-50-110 , 56-50-113 and 56-50-114(b) , or are unreasonable, contrary to the interests of the public or otherwise misleading or unfair to the viator. At the commissioner's discretion, the commissioner may require the submission of advertising material prior to its use in this state.
Acts 2009, ch. 604, § 6.
Tenn. Code Ann. § 56-14-101 — TN Code / Title 56 / Chapter 14 / Section 56-14-101
Short title - Applicability
Status: in_force

(a) This chapter shall be known and may be cited as the "Surplus Lines Insurance Act." This part shall apply to surplus lines transactions where the insured's home state, as defined by § 56-14-102 , is this state. (b) This chapter shall apply to surplus lines transactions where the insured's home state, as defined by § 56-14-102 , is this state. Acts 1969, ch. 270, § 1; T.C.A., § 56-3801; Acts 2011, ch. 446, § 1.
(a) This chapter shall be known and may be cited as the "Surplus Lines Insurance Act." This part shall apply to surplus lines transactions where the insured's home state, as defined by § 56-14-102 , is this state.
(b) This chapter shall apply to surplus lines transactions where the insured's home state, as defined by § 56-14-102 , is this state.
Acts 1969, ch. 270, § 1; T.C.A., § 56-3801; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-3-705 — TN Code / Title 56 / Chapter 3 / Section 56-3-705
Purchases and sales which are exempt
Status: in_force

(a) Section 56-3-703 does not apply to any purchase and sale, or sale and purchase, and § 56-3-704 does not apply to any sale of an equity security of a domestic stock insurance company not then or theretofore held by the dealer in an investment account, by a dealer in the ordinary course of business and incident to the establishment or maintenance by the dealer of a primary or secondary market, otherwise than on an exchange as defined in the Securities Exchange Act of 1934 ( 15 U.S.C. § 78a et seq.), for the security. (b) The commissioner may, by rules and regulations the commissioner deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market. Acts 1965, ch. 95, § 4; T.C.A., §§ 56-253, 56-335.
(a) Section 56-3-703 does not apply to any purchase and sale, or sale and purchase, and § 56-3-704 does not apply to any sale of an equity security of a domestic stock insurance company not then or theretofore held by the dealer in an investment account, by a dealer in the ordinary course of business and incident to the establishment or maintenance by the dealer of a primary or secondary market, otherwise than on an exchange as defined in the Securities Exchange Act of 1934 ( 15 U.S.C. § 78a et seq.), for the security.
(b) The commissioner may, by rules and regulations the commissioner deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market.
Acts 1965, ch. 95, § 4; T.C.A., §§ 56-253, 56-335.
Tenn. Code Ann. § 56-9-506 — TN Code / Title 56 / Chapter 9 / Section 56-9-506
Insurers may contest actions of supervisor
Status: in_force

During the period of supervision, the insurer may contest an action taken or proposed to be taken by the supervisor, specifying the manner wherein the action being complained of would not result in improving the condition of the insurer. Denial of the insurer's request upon reconsideration entitles the insurer to request a proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1991, ch. 142, § 4.
During the period of supervision, the insurer may contest an action taken or proposed to be taken by the supervisor, specifying the manner wherein the action being complained of would not result in improving the condition of the insurer. Denial of the insurer's request upon reconsideration entitles the insurer to request a proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-13-305 — TN Code / Title 56 / Chapter 13 / Section 56-13-305
Filing of reports and statements
Status: in_force

Prior to March 1 of each year, or with the approval of the commissioner within sixty (60) days after its fiscal year-end, a branch captive insurance company shall file with the commissioner a copy of all reports and statements required to be filed under the laws of the jurisdiction in which the alien captive insurance company is formed, verified by oath of two (2) of its executive officers. If the commissioner is satisfied that the annual report filed by the alien captive insurance company in its domiciliary jurisdiction provides adequate information concerning the financial condition of the alien captive insurance company, the commissioner may waive the requirement for completion of the captive annual statement for business written in the alien jurisdiction. Acts 2011, ch. 468, § 1.
Prior to March 1 of each year, or with the approval of the commissioner within sixty (60) days after its fiscal year-end, a branch captive insurance company shall file with the commissioner a copy of all reports and statements required to be filed under the laws of the jurisdiction in which the alien captive insurance company is formed, verified by oath of two (2) of its executive officers. If the commissioner is satisfied that the annual report filed by the alien captive insurance company in its domiciliary jurisdiction provides adequate information concerning the financial condition of the alien captive insurance company, the commissioner may waive the requirement for completion of the captive annual statement for business written in the alien jurisdiction.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-25-104 — TN Code / Title 56 / Chapter 25 / Section 56-25-104
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Benefit contract" means the agreement for provision of benefits authorized by § 56-25-401 , as that agreement is described in § 56-25-404 ; (2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract; (3) "Certificate" means the document issued as written evidence of the benefit contract; (4) "Commissioner" means the commissioner of commerce and insurance; (5) "Laws" means the society's articles of incorporation, charter, constitution and bylaws, however designated; (6) "Lodge" means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation; (7) "Premiums" means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate; (8) "Rules" means all rules, regulations or resolutions adopted by the supreme governing body or board of directors that are intended to have general application to the members of the society; and (9) "Society" means fraternal benefit society, unless otherwise indicated. Acts 1990, ch. 703, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Benefit contract" means the agreement for provision of benefits authorized by § 56-25-401 , as that agreement is described in § 56-25-404 ;
(2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract;
(3) "Certificate" means the document issued as written evidence of the benefit contract;
(4) "Commissioner" means the commissioner of commerce and insurance;
(5) "Laws" means the society's articles of incorporation, charter, constitution and bylaws, however designated;
(6) "Lodge" means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation;
(7) "Premiums" means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate;
(8) "Rules" means all rules, regulations or resolutions adopted by the supreme governing body or board of directors that are intended to have general application to the members of the society; and
(9) "Society" means fraternal benefit society, unless otherwise indicated.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-35-109 — TN Code / Title 56 / Chapter 35 / Section 56-35-109
Foreign corporations - Commissioner appointed to accept process
Status: in_force

Any foreign title insurance company desiring to transact a title insurance business in this state must first file with the commissioner a written power of attorney appointing and authorizing the commissioner as its agent for the purpose of acknowledging or receiving service of process and upon whom process may be served, in all proceedings that may be instituted against the company in any court of this state, or in any court of the United States in this state, which power of attorney shall continue in force so long as any liability remains outstanding against the insurer in this state. Acts 1955, ch. 173, § 6; T.C.A., § 56-3409.
Any foreign title insurance company desiring to transact a title insurance business in this state must first file with the commissioner a written power of attorney appointing and authorizing the commissioner as its agent for the purpose of acknowledging or receiving service of process and upon whom process may be served, in all proceedings that may be instituted against the company in any court of this state, or in any court of the United States in this state, which power of attorney shall continue in force so long as any liability remains outstanding against the insurer in this state.
Acts 1955, ch. 173, § 6; T.C.A., § 56-3409.
Tenn. Code Ann. § 56-26-305 — TN Code / Title 56 / Chapter 26 / Section 56-26-305
Powers of commissioner
Status: in_force

The commissioner has the power and authority to enforce this part, including the power to promulgate reasonable rules and regulations, including, but not limited to: (1) Diagnostic categories that will be used; (2) Information that major purchasers may receive; (3) Fees that major purchasers may reasonably be charged for data requests; (4) Conditions under which data may be deemed to be reasonably available; (5) Information that must be reported and in what format or form; and (6) Any other matter necessary to implement this part. Acts 1980, ch. 876, § 5.
The commissioner has the power and authority to enforce this part, including the power to promulgate reasonable rules and regulations, including, but not limited to:
(1) Diagnostic categories that will be used;
(2) Information that major purchasers may receive;
(3) Fees that major purchasers may reasonably be charged for data requests;
(4) Conditions under which data may be deemed to be reasonably available;
(5) Information that must be reported and in what format or form; and
(6) Any other matter necessary to implement this part.
Acts 1980, ch. 876, § 5.
Tenn. Code Ann. § 56-18-111 — TN Code / Title 56 / Chapter 18 / Section 56-18-111
Procedure at policyholders' meeting to consider conversion - Payment for shares by corporation
Status: in_force

(a) The policyholders' meeting for the purpose of voting on the plan of mutualization shall be conducted in the manner provided in the mutualization plan; provided, that policyholders may vote in person, by proxy, or by mail and all votes shall be cast by ballot on a uniform ballot furnished by the corporation. The commissioner shall appoint no fewer than three (3) nor more than five (5) inspectors who shall observe the voting at the meeting and report to the commissioner as to the procedures employed at the meeting to verify the ballots, to ascertain their validity, and to establish the qualification of the voters. The inspectors shall canvass the vote in the presence of at least two (2) representatives named by the corporation, and shall certify to the commissioner and to the corporation the result of the vote. All necessary actual expenses, including reasonable per diem for the inspectors, incurred by the inspectors in performing the services, shall be paid by the corporation upon the certificate of the commissioner. (b) Every payment for the acquisition of any shares of the capital stock of the corporation, the purchase price of which is not fixed by the plan, shall be subject to the approval of the commissioner. Neither the plan, nor any payment, shall be approved by the commissioner, unless at the time of the approvals, respectively, the corporation, after deducting the aggregate sum appropriated by the plan for the acquisition of any part or all of its capital stock, and in the case of any payment not fixed by the plan and subject to separate approval after the approval of the plan, after deducting also the amount of the payment, shall be possessed of assets sufficient to maintain its deposit theretofore made with the commissioner, and not less than the liabilities of the corporation required by law, including the net values of its outstanding contracts computed according to the standard adopted by the corporation under the applicable statutes of this state. Acts 1949, ch. 91, § 3; C. Supp. 1950, § 6433.15 (Williams, §§ 6433.18, 6433.19); T.C.A. (orig. ed.), § 56-1612.
(a) The policyholders' meeting for the purpose of voting on the plan of mutualization shall be conducted in the manner provided in the mutualization plan; provided, that policyholders may vote in person, by proxy, or by mail and all votes shall be cast by ballot on a uniform ballot furnished by the corporation. The commissioner shall appoint no fewer than three (3) nor more than five (5) inspectors who shall observe the voting at the meeting and report to the commissioner as to the procedures employed at the meeting to verify the ballots, to ascertain their validity, and to establish the qualification of the voters. The inspectors shall canvass the vote in the presence of at least two (2) representatives named by the corporation, and shall certify to the commissioner and to the corporation the result of the vote. All necessary actual expenses, including reasonable per diem for the inspectors, incurred by the inspectors in performing the services, shall be paid by the corporation upon the certificate of the commissioner.
(b) Every payment for the acquisition of any shares of the capital stock of the corporation, the purchase price of which is not fixed by the plan, shall be subject to the approval of the commissioner. Neither the plan, nor any payment, shall be approved by the commissioner, unless at the time of the approvals, respectively, the corporation, after deducting the aggregate sum appropriated by the plan for the acquisition of any part or all of its capital stock, and in the case of any payment not fixed by the plan and subject to separate approval after the approval of the plan, after deducting also the amount of the payment, shall be possessed of assets sufficient to maintain its deposit theretofore made with the commissioner, and not less than the liabilities of the corporation required by law, including the net values of its outstanding contracts computed according to the standard adopted by the corporation under the applicable statutes of this state.
Acts 1949, ch. 91, § 3; C. Supp. 1950, § 6433.15 (Williams, §§ 6433.18, 6433.19); T.C.A. (orig. ed.), § 56-1612.
Tenn. Code Ann. § 56-7-134 — TN Code / Title 56 / Chapter 7 / Section 56-7-134
Medical records release authorization
Status: in_force

(a) In connection with a claim for death benefits payable under a life insurance policy or an annuity contract, the following persons are authorized to execute a medical records release authorization that may be required by the insurance company that issued the life insurance policy or annuity contract: (1) The personal representative of the decedent's estate, if any; (2) A beneficiary of the death benefits named in the policy or contract; or (3) A person who has filed an affidavit pursuant to § 30-4-103 in connection with the decedent's estate. (b) Unless prohibited by federal law, a health care provider licensed under title 33, title 63 or title 68 shall honor a medical records release authorization executed in accordance with this section. (c) Nothing in this section shall be construed as affecting the ability of a health care provider to charge for copies of medical records in accordance with any applicable law. Acts 2012, ch. 886, § 9.
(a) In connection with a claim for death benefits payable under a life insurance policy or an annuity contract, the following persons are authorized to execute a medical records release authorization that may be required by the insurance company that issued the life insurance policy or annuity contract: (1) The personal representative of the decedent's estate, if any; (2) A beneficiary of the death benefits named in the policy or contract; or (3) A person who has filed an affidavit pursuant to § 30-4-103 in connection with the decedent's estate.
(1) The personal representative of the decedent's estate, if any;
(2) A beneficiary of the death benefits named in the policy or contract; or
(3) A person who has filed an affidavit pursuant to § 30-4-103 in connection with the decedent's estate.
(b) Unless prohibited by federal law, a health care provider licensed under title 33, title 63 or title 68 shall honor a medical records release authorization executed in accordance with this section.
(c) Nothing in this section shall be construed as affecting the ability of a health care provider to charge for copies of medical records in accordance with any applicable law.
Acts 2012, ch. 886, § 9.
Tenn. Code Ann. § 56-8-205 — TN Code / Title 56 / Chapter 8 / Section 56-8-205
Permissible actions by insurers
Status: in_force

Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action: (1) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion; (2) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and (3) Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience. Acts 1996, ch. 723, § 4.
Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:
(1) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;
(2) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and
(3) Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.
Acts 1996, ch. 723, § 4.
Tenn. Code Ann. § 56-54-111 — TN Code / Title 56 / Chapter 54 / Section 56-54-111
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 12; 2011 , ch. 112, § 2.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 12; 2011 , ch. 112, § 2.
Tenn. Code Ann. § 56-7-312 — TN Code / Title 56 / Chapter 7 / Section 56-7-312
Stipulated form of insurance or cash equal to net reserve upon default
Status: in_force

(a) This section applies only to policies of life insurance issued prior to the operative date of § 56-7-401 , the Standard Nonforfeiture Law. (b) In the event of default in the payment of any premium due on any policy, there shall be secured to the owner of the policy a stipulated form of insurance as may be specified in the policy, the net value of which shall be at least equal to the reserve at the date of default on the policy and on any dividend additions thereto according to the mortality table and the rate of interest for computing the reserve as specified in the policy, less a sum of not more than two and one half percent (21/2%) of the amount insured by the policy and of any existing dividend additions thereto and less any existing indebtedness to the company on the policy at the time of default; provided, that not less than three (3) full years' premiums shall have been paid; and provided, further, that the policy shall not be continued in force by virtue of any automatic loan provision in the policy. (c) There shall also be secured to the owner of the policy the right to surrender the policy to the company at its home office within one (1) month from the date of default for a specified cash value at least equal to the sum that would otherwise be available for the purchase of insurance, and the payment of which cash value by the company shall not be deferred for more than six (6) months after application for the payment is made. Acts 1907, ch. 454, § 3; Shan., § 3348a35; Code 1932, § 6210; Acts 1945, ch. 56, § 5; C. Supp. 1950, § 6210; T.C.A. (orig. ed.), § 56-1123.
(a) This section applies only to policies of life insurance issued prior to the operative date of § 56-7-401 , the Standard Nonforfeiture Law.
(b) In the event of default in the payment of any premium due on any policy, there shall be secured to the owner of the policy a stipulated form of insurance as may be specified in the policy, the net value of which shall be at least equal to the reserve at the date of default on the policy and on any dividend additions thereto according to the mortality table and the rate of interest for computing the reserve as specified in the policy, less a sum of not more than two and one half percent (21/2%) of the amount insured by the policy and of any existing dividend additions thereto and less any existing indebtedness to the company on the policy at the time of default; provided, that not less than three (3) full years' premiums shall have been paid; and provided, further, that the policy shall not be continued in force by virtue of any automatic loan provision in the policy.
(c) There shall also be secured to the owner of the policy the right to surrender the policy to the company at its home office within one (1) month from the date of default for a specified cash value at least equal to the sum that would otherwise be available for the purchase of insurance, and the payment of which cash value by the company shall not be deferred for more than six (6) months after application for the payment is made.
Acts 1907, ch. 454, § 3; Shan., § 3348a35; Code 1932, § 6210; Acts 1945, ch. 56, § 5; C. Supp. 1950, § 6210; T.C.A. (orig. ed.), § 56-1123.
Tenn. Code Ann. § 56-42-101 — TN Code / Title 56 / Chapter 42 / Section 56-42-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Long-Term Care Insurance Act." Acts 1988, ch. 873, § 3.
This chapter shall be known and may be cited as the "Long-Term Care Insurance Act."
Acts 1988, ch. 873, § 3.
Tenn. Code Ann. § 56-7-3721 — TN Code / Title 56 / Chapter 7 / Section 56-7-3721
Provider notification to health carrier
Status: in_force

If a health carrier requires a healthcare provider to notify the health carrier that an enrollee has received a healthcare service or has been admitted to a facility, such notification requirement includes, if applicable, one (1) additional business day if the notification deadline falls on a weekend or state or federal holiday. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
If a health carrier requires a healthcare provider to notify the health carrier that an enrollee has received a healthcare service or has been admitted to a facility, such notification requirement includes, if applicable, one (1) additional business day if the notification deadline falls on a weekend or state or federal holiday.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-2-408 — TN Code / Title 56 / Chapter 2 / Section 56-2-408
Licenses of foreign insurance companies expire on July 1
Status: in_force

All licenses authorizing foreign insurance companies to transact their business in the state shall terminate or expire on July 1 next succeeding the date of their issuance, unless sooner revoked by the commissioner. Acts 1903, ch. 442, § 1; 1917, ch. 65, § 1; Shan., § 3302a1; Code 1932, § 6119; Acts 1947, ch. 91, § 1; C. Supp. 1950, § 6119; T.C.A. (orig. ed.), §§ 56-313, 56-235.
All licenses authorizing foreign insurance companies to transact their business in the state shall terminate or expire on July 1 next succeeding the date of their issuance, unless sooner revoked by the commissioner.
Acts 1903, ch. 442, § 1; 1917, ch. 65, § 1; Shan., § 3302a1; Code 1932, § 6119; Acts 1947, ch. 91, § 1; C. Supp. 1950, § 6119; T.C.A. (orig. ed.), §§ 56-313, 56-235.
Tenn. Code Ann. § 56-6-409 — TN Code / Title 56 / Chapter 6 / Section 56-6-409
Notice to insured persons - Notice to persons purchasing coverage
Status: in_force

(a) Where the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer, to insured individuals, advising them of the identity of and relationship among the administrator, the policyholder and the insurer. (b) Where an administrator collects funds, it must identify and state separately in writing to the person paying to the administrator any charge or premium for insurance coverage the amount of the charge or premium specified by the insurer for the insurance coverage. Acts 1980, ch. 640, § 9.
(a) Where the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer, to insured individuals, advising them of the identity of and relationship among the administrator, the policyholder and the insurer.
(b) Where an administrator collects funds, it must identify and state separately in writing to the person paying to the administrator any charge or premium for insurance coverage the amount of the charge or premium specified by the insurer for the insurance coverage.
Acts 1980, ch. 640, § 9.
Tenn. Code Ann. § 56-12-105 — TN Code / Title 56 / Chapter 12 / Section 56-12-105
Creation of association
Status: in_force

(a) There is created a nonprofit unincorporated legal entity to be known as the Tennessee insurance guaranty association. (b) All insurers defined as member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. (c) The association shall perform its functions under a plan of operation established and approved under § 56-12-109 and shall exercise its powers through a board of directors established under § 56-12-107 . (d) For purposes of assessment, and the maintenance of records, the association shall be divided into two (2) separate accounts as follows: (1) The workers' compensation insurance account; and (2) The account for all other insurance to which this part applies. Acts 1971, ch. 180, § 5; T.C.A., § 56-4005.
(a) There is created a nonprofit unincorporated legal entity to be known as the Tennessee insurance guaranty association.
(b) All insurers defined as member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state.
(c) The association shall perform its functions under a plan of operation established and approved under § 56-12-109 and shall exercise its powers through a board of directors established under § 56-12-107 .
(d) For purposes of assessment, and the maintenance of records, the association shall be divided into two (2) separate accounts as follows: (1) The workers' compensation insurance account; and (2) The account for all other insurance to which this part applies.
(1) The workers' compensation insurance account; and
(2) The account for all other insurance to which this part applies.
Acts 1971, ch. 180, § 5; T.C.A., § 56-4005.
Tenn. Code Ann. § 56-1-103 — TN Code / Title 56 / Chapter 1 / Section 56-1-103
Adoption of data disclosure requirements - Requests for data concerning rate adjustments
Status: in_force

(a) The commissioner shall adopt data disclosure requirements developed by the National Association of Insurance Commissioners for Property and Casualty Insurors. (b) The commissioner is authorized to request other data that the commissioner deems necessary in considering requests for rate adjustments. Acts 1987, ch. 438, § 1.
(a) The commissioner shall adopt data disclosure requirements developed by the National Association of Insurance Commissioners for Property and Casualty Insurors.
(b) The commissioner is authorized to request other data that the commissioner deems necessary in considering requests for rate adjustments.
Acts 1987, ch. 438, § 1.
Tenn. Code Ann. § 56-7-1106 — TN Code / Title 56 / Chapter 7 / Section 56-7-1106
Collision insurance purchased as a condition to financing automobile purchase
Status: in_force

When a creditor or lender requires a borrower to purchase collision insurance as a condition to obtaining a loan to purchase an automobile, and sells collision, but not liability, insurance to the borrower, then the creditor or lender shall provide written notice to the borrower that no liability insurance is being sold. This written notice shall be signed by the borrower and explained to the borrower as a part of or together with the loan papers executed by the borrower. Acts 1981, ch. 409, § 1.
When a creditor or lender requires a borrower to purchase collision insurance as a condition to obtaining a loan to purchase an automobile, and sells collision, but not liability, insurance to the borrower, then the creditor or lender shall provide written notice to the borrower that no liability insurance is being sold. This written notice shall be signed by the borrower and explained to the borrower as a part of or together with the loan papers executed by the borrower.
Acts 1981, ch. 409, § 1.
Tenn. Code Ann. § 56-6-913 — TN Code / Title 56 / Chapter 6 / Section 56-6-913
Fees charged by public adjuster - Commissions, service fees or other valuable consideration - Fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim
Status: in_force

(a) A public adjuster may charge the insured a reasonable fee. If a contract between the public adjuster and the insured is formed before the insurance carrier has made an offer of settlement, then the public adjuster may not charge a fee that is greater than fifteen percent (15%) of the total proceeds of the insurance settlement. If a contract between the public adjuster and the insured is formed after the insurance carrier has made an offer of settlement, then the public adjuster may not charge any more than twenty-five percent (25%) of the difference between the insurance company's last offer to the insured prior to the public adjuster contract with that insured and the last offer after the public adjuster entered a contract with the insured and negotiated, if any, additional settlement proceeds. If the insured has obtained a home mortgage in the amount of one hundred percent (100%) of the appraised value of the home, then a public adjuster may charge a fee not to exceed ten percent (10%) of the total proceeds of an insurance settlement that is a total loss of the home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first twelve (12) months of the term of the home mortgage. This limitation applies regardless of when a contract is entered into between the public adjuster and the insured; provided, however, that a public adjuster shall charge no fee on any advance payment prior to the contract between the insured and the public adjuster to the insured. Nothing in this subsection (a) prohibits a public adjuster from charging a variation of fees, so long as those fees do not exceed the amounts prescribed in this subsection (a). This subsection (a) shall not apply to commercial insurance. (b) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating, resolving or working in connection with, claims in this state, if that person is required to be licensed under this part and is not so licensed. (c) A public adjuster shall not accept a commission, service fee or other valuable consideration for investigating or settling claims in this state, if the adjuster is required to be licensed under this part and is not so licensed. (d) No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim. Acts 2006, ch. 997, § 14.
(a) A public adjuster may charge the insured a reasonable fee. If a contract between the public adjuster and the insured is formed before the insurance carrier has made an offer of settlement, then the public adjuster may not charge a fee that is greater than fifteen percent (15%) of the total proceeds of the insurance settlement. If a contract between the public adjuster and the insured is formed after the insurance carrier has made an offer of settlement, then the public adjuster may not charge any more than twenty-five percent (25%) of the difference between the insurance company's last offer to the insured prior to the public adjuster contract with that insured and the last offer after the public adjuster entered a contract with the insured and negotiated, if any, additional settlement proceeds. If the insured has obtained a home mortgage in the amount of one hundred percent (100%) of the appraised value of the home, then a public adjuster may charge a fee not to exceed ten percent (10%) of the total proceeds of an insurance settlement that is a total loss of the home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first twelve (12) months of the term of the home mortgage. This limitation applies regardless of when a contract is entered into between the public adjuster and the insured; provided, however, that a public adjuster shall charge no fee on any advance payment prior to the contract between the insured and the public adjuster to the insured. Nothing in this subsection (a) prohibits a public adjuster from charging a variation of fees, so long as those fees do not exceed the amounts prescribed in this subsection (a). This subsection (a) shall not apply to commercial insurance.
(b) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating, resolving or working in connection with, claims in this state, if that person is required to be licensed under this part and is not so licensed.
(c) A public adjuster shall not accept a commission, service fee or other valuable consideration for investigating or settling claims in this state, if the adjuster is required to be licensed under this part and is not so licensed.
(d) No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim.
Acts 2006, ch. 997, § 14.
Tenn. Code Ann. § 56-7-127 — TN Code / Title 56 / Chapter 7 / Section 56-7-127
Major medical insurance coverage for a catastrophic illness requiring in-patient hospital care
Status: in_force

(a) It is the intent of the general assembly that the availability and affordability of basic major medical insurance coverage for a catastrophic illness requiring inpatient hospital care is essential for many Tennesseans who are uninsured. (b) To that extent, insurance providers in this state are encouraged to develop a plan that provides only major medical insurance coverage for a catastrophic illness requiring inpatient hospital care. (c) The plans developed under this section are not required to provide the mandated coverage or the mandated offers of coverage required pursuant to part 23, 24, 25, or 26 of this chapter, except to the extent that a specific mandated coverage is essential to the provision of basic health care for the catastrophic illness requiring inpatient hospital care. (d) Prior to being offered for sale in this state, the plan shall be submitted to the commissioner for approval, modification or disapproval. Upon receipt of approval for the plan by the commissioner, the carrier may use the certified plan until the plan is disapproved by the commissioner. (e) The commissioner is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section. Acts 2004, ch. 550, § 1.
(a) It is the intent of the general assembly that the availability and affordability of basic major medical insurance coverage for a catastrophic illness requiring inpatient hospital care is essential for many Tennesseans who are uninsured.
(b) To that extent, insurance providers in this state are encouraged to develop a plan that provides only major medical insurance coverage for a catastrophic illness requiring inpatient hospital care.
(c) The plans developed under this section are not required to provide the mandated coverage or the mandated offers of coverage required pursuant to part 23, 24, 25, or 26 of this chapter, except to the extent that a specific mandated coverage is essential to the provision of basic health care for the catastrophic illness requiring inpatient hospital care.
(d) Prior to being offered for sale in this state, the plan shall be submitted to the commissioner for approval, modification or disapproval. Upon receipt of approval for the plan by the commissioner, the carrier may use the certified plan until the plan is disapproved by the commissioner.
(e) The commissioner is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Acts 2004, ch. 550, § 1.
Tenn. Code Ann. § 56-20-110 — TN Code / Title 56 / Chapter 20 / Section 56-20-110
Exclusion from membership - Policies cancelled or withdrawn - Effect
Status: in_force

Any member who neglects or refuses to pay an assessment may for this reason, or for any other reason satisfactory to the directors or executive committee, be excluded by a majority of the directors or executive committee, or as the bylaws may prescribe, from the corporation; and when thus excluded, the secretary shall cancel or withdraw the person's policy or policies and notify the person of the fact, which shall prevent the person's recovering for any loss or damage sustained after the exclusion. Acts 1895, ch. 220, § 8; Shan., § 3362; Code 1932, § 6244; T.C.A. (orig. ed.), § 56-1910.
Any member who neglects or refuses to pay an assessment may for this reason, or for any other reason satisfactory to the directors or executive committee, be excluded by a majority of the directors or executive committee, or as the bylaws may prescribe, from the corporation; and when thus excluded, the secretary shall cancel or withdraw the person's policy or policies and notify the person of the fact, which shall prevent the person's recovering for any loss or damage sustained after the exclusion.
Acts 1895, ch. 220, § 8; Shan., § 3362; Code 1932, § 6244; T.C.A. (orig. ed.), § 56-1910.
Tenn. Code Ann. § 56-4-218 — TN Code / Title 56 / Chapter 4 / Section 56-4-218
Reciprocity of treatment
Status: in_force

(a) When, by the laws of any other state or foreign country, any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions are imposed upon Tennessee insurance companies doing business in the other state or foreign country, or upon their agents in the other state or foreign country, that are in excess of the taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions imposed upon the insurance companies of the other state or foreign country doing business in this state, or that might seek to do business in this state, or upon their agents in the state, so long as the laws continue in force, the same premium or income or other taxes, or fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions and restrictions of whatever kind shall be imposed upon the companies of the other state or foreign country doing business in this state, or upon their agents in this state. The commissioner shall compute the burden of premium taxes on the basis of the basic premium tax rate levied by the laws of the other state or foreign country for the kind of business transacted without reduction in the basic premium rate for investments that a like Tennessee company may qualify for or as a result of investments the company may have made in Tennessee securities. Any tax, license or other obligation imposed by any city, county or other political subdivision of a state or foreign country on the Tennessee insurance companies shall be deemed to be imposed by the state or foreign country within the meaning of this section, and the commissioner, for the purpose of this section, shall compute the burden of the tax, license or other obligation on an aggregate statewide or foreign countrywide basis as an addition to the rate of tax and to the charges that are or would be payable by similar Tennessee insurance companies in the state or foreign country. This section shall be applied on a retaliatory basis without consideration of any reciprocity an insurance company domiciled in another state or foreign country may claim due to lower premium or income or other taxes, or lower fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions that are imposed upon the insurance companies of other states or foreign countries doing business in this state. Each foreign insurance company doing business in this state shall furnish, over the signature and oath of its responsible officers, the necessary information for the computation of the taxes upon forms prescribed by the commissioner. The commissioner may issue any and all necessary regulations to carry out the purposes of this section. This section shall not apply to ad valorem taxes on real or personal property, to personal income taxes, or to any examination fees provided in § 56-1-413 . (b) The time, period and manner of payment of the retaliatory tax shall be the same in all cases as that of the gross premium tax provided for in § 56-4-205 , and no interest charges or credits shall be made or allowed for use or loss of use of funds due to any conflict of the time, period or manner of payment in this state and the time, period or manner in a foreign state or country. (c) Notwithstanding any other provision under this title, claims challenging liability imposed by this section must be brought in the chancery court of Davidson County pursuant to the procedures set out in title 67, chapter 1, part 9. Amended by 2017 Tenn. Acts, ch. 423,s 1, eff. 5/18/2017. Amended by 2015 Tenn. Acts, ch. 155,s 14, eff. 1/1/2016. Acts 1945, ch. 3, § 9; C. Supp. 1950, § 1248.49 (Williams, § 1248.177); Acts 1953, ch. 49, § 2; 1957, ch. 185, § 1; 1965, ch. 232, § 1; 1979, ch. 314, § 1; T.C.A. (orig. ed.), § 56-423; Acts 1985, ch. 354, § 2.
(a) When, by the laws of any other state or foreign country, any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions are imposed upon Tennessee insurance companies doing business in the other state or foreign country, or upon their agents in the other state or foreign country, that are in excess of the taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions imposed upon the insurance companies of the other state or foreign country doing business in this state, or that might seek to do business in this state, or upon their agents in the state, so long as the laws continue in force, the same premium or income or other taxes, or fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions and restrictions of whatever kind shall be imposed upon the companies of the other state or foreign country doing business in this state, or upon their agents in this state. The commissioner shall compute the burden of premium taxes on the basis of the basic premium tax rate levied by the laws of the other state or foreign country for the kind of business transacted without reduction in the basic premium rate for investments that a like Tennessee company may qualify for or as a result of investments the company may have made in Tennessee securities. Any tax, license or other obligation imposed by any city, county or other political subdivision of a state or foreign country on the Tennessee insurance companies shall be deemed to be imposed by the state or foreign country within the meaning of this section, and the commissioner, for the purpose of this section, shall compute the burden of the tax, license or other obligation on an aggregate statewide or foreign countrywide basis as an addition to the rate of tax and to the charges that are or would be payable by similar Tennessee insurance companies in the state or foreign country. This section shall be applied on a retaliatory basis without consideration of any reciprocity an insurance company domiciled in another state or foreign country may claim due to lower premium or income or other taxes, or lower fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions that are imposed upon the insurance companies of other states or foreign countries doing business in this state. Each foreign insurance company doing business in this state shall furnish, over the signature and oath of its responsible officers, the necessary information for the computation of the taxes upon forms prescribed by the commissioner. The commissioner may issue any and all necessary regulations to carry out the purposes of this section. This section shall not apply to ad valorem taxes on real or personal property, to personal income taxes, or to any examination fees provided in § 56-1-413 .
(b) The time, period and manner of payment of the retaliatory tax shall be the same in all cases as that of the gross premium tax provided for in § 56-4-205 , and no interest charges or credits shall be made or allowed for use or loss of use of funds due to any conflict of the time, period or manner of payment in this state and the time, period or manner in a foreign state or country.
(c) Notwithstanding any other provision under this title, claims challenging liability imposed by this section must be brought in the chancery court of Davidson County pursuant to the procedures set out in title 67, chapter 1, part 9.
Amended by 2017 Tenn. Acts, ch. 423,s 1, eff. 5/18/2017.
Amended by 2015 Tenn. Acts, ch. 155,s 14, eff. 1/1/2016.
Acts 1945, ch. 3, § 9; C. Supp. 1950, § 1248.49 (Williams, § 1248.177); Acts 1953, ch. 49, § 2; 1957, ch. 185, § 1; 1965, ch. 232, § 1; 1979, ch. 314, § 1; T.C.A. (orig. ed.), § 56-423; Acts 1985, ch. 354, § 2.
Tenn. Code Ann. § 56-9-202 — TN Code / Title 56 / Chapter 9 / Section 56-9-202
Records of delinquency proceedings - Confidentiality
Status: in_force

(a) In all proceedings and judicial reviews under § 56-9-201 , all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the chancery court of Davidson County, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until the court order, all papers filed with the clerk of the chancery court of Davidson County shall be held by the clerk in a confidential file. (b) Subsection (a) shall not be applicable in any proceeding where the insurer on the date of the filing of the proceeding had derived fifty-one percent (51%) or more of its revenue for the past twelve (12) months from a contract or contracts with a governmental entity to provide health care services to enrollees in a publicly funded medical assistance program pursuant to title 71. In these cases, the records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceeding and that reflect the financial solvency of the insurer, shall be open to public inspection under the Tennessee Public Records Act, compiled in title 10, chapter 7, unless otherwise required to be maintained as confidential under federal or state law. An insurer within fifteen (15) days from the date of seizure may apply to the court for a stay of application of this subsection (b), or for a protective order for particularized information that is proprietary in nature, the disclosure of which would be injurious to the rehabilitation of the insurer. This subsection (b) shall be stayed from the date of seizure until a court of competent jurisdiction rules on the application for a stay or a protective order. Acts 1991, ch. 142, § 4; 2002, ch. 660, § 1.
(a) In all proceedings and judicial reviews under § 56-9-201 , all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the chancery court of Davidson County, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until the court order, all papers filed with the clerk of the chancery court of Davidson County shall be held by the clerk in a confidential file.
(b) Subsection (a) shall not be applicable in any proceeding where the insurer on the date of the filing of the proceeding had derived fifty-one percent (51%) or more of its revenue for the past twelve (12) months from a contract or contracts with a governmental entity to provide health care services to enrollees in a publicly funded medical assistance program pursuant to title 71. In these cases, the records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceeding and that reflect the financial solvency of the insurer, shall be open to public inspection under the Tennessee Public Records Act, compiled in title 10, chapter 7, unless otherwise required to be maintained as confidential under federal or state law. An insurer within fifteen (15) days from the date of seizure may apply to the court for a stay of application of this subsection (b), or for a protective order for particularized information that is proprietary in nature, the disclosure of which would be injurious to the rehabilitation of the insurer. This subsection (b) shall be stayed from the date of seizure until a court of competent jurisdiction rules on the application for a stay or a protective order.
Acts 1991, ch. 142, § 4; 2002, ch. 660, § 1.
Tenn. Code Ann. § 56-55-102 — TN Code / Title 56 / Chapter 55 / Section 56-55-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Administrator" means a third party, other than the warrantor, who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Incidental costs" means expenses specified in the warranty, incurred by the warranty holder, related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, but not be limited to, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees; (4) (A) "Vehicle protection product" means a vehicle protection device, system, or service that: (i) Is installed on or applied to a vehicle; (ii) Is designed to prevent loss or damage to a vehicle from a specific cause; and (iii) Includes a written warranty; (B) "Vehicle protection product" includes, but is not limited to, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices; (5) "Vehicle protection product warrantor" or "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. "Warrantor" does not include an authorized insurer; (6) "Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides that, if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty; (7) "Warranty holder" means the person who purchases a vehicle protection product or who is a permitted transferee; and (8) "Warranty reimbursement insurance policy" means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor, or to pay on behalf of the warrantor, all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor. Acts 2005, ch. 244, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Administrator" means a third party, other than the warrantor, who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Incidental costs" means expenses specified in the warranty, incurred by the warranty holder, related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, but not be limited to, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees;
(4) (A) "Vehicle protection product" means a vehicle protection device, system, or service that: (i) Is installed on or applied to a vehicle; (ii) Is designed to prevent loss or damage to a vehicle from a specific cause; and (iii) Includes a written warranty; (B) "Vehicle protection product" includes, but is not limited to, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices;
(A) "Vehicle protection product" means a vehicle protection device, system, or service that: (i) Is installed on or applied to a vehicle; (ii) Is designed to prevent loss or damage to a vehicle from a specific cause; and (iii) Includes a written warranty;
(i) Is installed on or applied to a vehicle;
(ii) Is designed to prevent loss or damage to a vehicle from a specific cause; and
(iii) Includes a written warranty;
(B) "Vehicle protection product" includes, but is not limited to, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices;
(5) "Vehicle protection product warrantor" or "warrantor" means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. "Warrantor" does not include an authorized insurer;
(6) "Vehicle protection product warranty" or "warranty" means a written agreement by a warrantor that provides that, if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty;
(7) "Warranty holder" means the person who purchases a vehicle protection product or who is a permitted transferee; and
(8) "Warranty reimbursement insurance policy" means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor, or to pay on behalf of the warrantor, all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
Acts 2005, ch. 244, § 3.
Tenn. Code Ann. § 56-7-3705 — TN Code / Title 56 / Chapter 7 / Section 56-7-3705
Prior authorization submissions
Status: in_force

(a) A prior authorization request under this section that has not been submitted as an urgent care request by the healthcare provider is deemed approved within seven (7) calendar days, or after the date and time of submission if the health carrier or utilization review organization, or its designee: (1) Fails to approve or deny the request; (2) Fails to request from the healthcare provider all additional information needed to make a decision; or (3) Except for a prior authorization for a prescription drug, fails to notify the healthcare provider that prior authorization is being questioned for medical necessity. (b) The utilization review organization has an additional five (5) calendar days to process the prior authorization once the healthcare provider submits the requested additional information. (c) Except as provided in subsection (e), the prior authorization request process must not exceed seventeen (17) calendar days. Failure by a healthcare provider to submit the required documentation within seventeen (17) days necessitates the provider requesting a new prior authorization. (d) If notice is provided pursuant to subdivision (a)(3), then the notice must include the following: (1) A direct phone number to the utilization review organization; (2) Hours of business operation of the utilization review organization's physician with decision-making authority to review the prior authorization; and (3) A statement that there is an opportunity to discuss the medical necessity of the healthcare service directly with the healthcare professional who will be responsible for approving or denying the prior authorization of the healthcare service under review. (e) If a notice complies with subdivision (d), then the prior authorization request process must not exceed seventeen (17) days. Failure by a healthcare provider to submit the required documentation within seventeen (17) days necessitates the provider requesting a new prior authorization. (f) A prior authorization request under this section that has been submitted as an urgent care request by the healthcare provider is deemed approved by the utilization review organization if the utilization review organization fails to approve or deny the request, or request all additional information needed to make a decision within seventy-two (72) hours plus, if applicable, one (1) additional business day, after the date and time of submission of the prior authorization request. The healthcare provider shall submit requested additional information within seventy-two (72) hours, plus, if applicable, one (1) additional business day, of receiving a request for additional information. If additional information is requested, then the prior authorization request is deemed approved by the health carrier or utilization review organization if it fails to grant the request, deny the request, or otherwise respond to the request of the healthcare provider within seventy-two (72) hours, plus, if applicable, one (1) additional business day, after the date and time of the submission for all requested additional information. Failure by a provider to submit the required documentation within seventy-two (72) hours, plus, if applicable, one (1) additional business day, necessitates the healthcare provider requesting a new prior authorization. (g) A health carrier that provides coverage for emergency services in an emergency department of a hospital or freestanding emergency room facility shall comply with § 56-7-2355 and shall not require a prior authorization for such emergency services. (h) A healthcare professional must submit a request for a prior authorization at least five (5) calendar days prior to the provision of the service or therapy for non-urgent prior authorizations. (i) This section applies only to electronic submissions, unless the utilization review organization or health carrier does not allow electronic submission of prior authorizations. (j) For the purposes of this section, health carriers are not required to provide the notice in accordance with § 56-7-3703 in writing. Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
(a) A prior authorization request under this section that has not been submitted as an urgent care request by the healthcare provider is deemed approved within seven (7) calendar days, or after the date and time of submission if the health carrier or utilization review organization, or its designee: (1) Fails to approve or deny the request; (2) Fails to request from the healthcare provider all additional information needed to make a decision; or (3) Except for a prior authorization for a prescription drug, fails to notify the healthcare provider that prior authorization is being questioned for medical necessity.
(1) Fails to approve or deny the request;
(2) Fails to request from the healthcare provider all additional information needed to make a decision; or
(3) Except for a prior authorization for a prescription drug, fails to notify the healthcare provider that prior authorization is being questioned for medical necessity.
(b) The utilization review organization has an additional five (5) calendar days to process the prior authorization once the healthcare provider submits the requested additional information.
(c) Except as provided in subsection (e), the prior authorization request process must not exceed seventeen (17) calendar days. Failure by a healthcare provider to submit the required documentation within seventeen (17) days necessitates the provider requesting a new prior authorization.
(d) If notice is provided pursuant to subdivision (a)(3), then the notice must include the following: (1) A direct phone number to the utilization review organization; (2) Hours of business operation of the utilization review organization's physician with decision-making authority to review the prior authorization; and (3) A statement that there is an opportunity to discuss the medical necessity of the healthcare service directly with the healthcare professional who will be responsible for approving or denying the prior authorization of the healthcare service under review.
(1) A direct phone number to the utilization review organization;
(2) Hours of business operation of the utilization review organization's physician with decision-making authority to review the prior authorization; and
(3) A statement that there is an opportunity to discuss the medical necessity of the healthcare service directly with the healthcare professional who will be responsible for approving or denying the prior authorization of the healthcare service under review.
(e) If a notice complies with subdivision (d), then the prior authorization request process must not exceed seventeen (17) days. Failure by a healthcare provider to submit the required documentation within seventeen (17) days necessitates the provider requesting a new prior authorization.
(f) A prior authorization request under this section that has been submitted as an urgent care request by the healthcare provider is deemed approved by the utilization review organization if the utilization review organization fails to approve or deny the request, or request all additional information needed to make a decision within seventy-two (72) hours plus, if applicable, one (1) additional business day, after the date and time of submission of the prior authorization request. The healthcare provider shall submit requested additional information within seventy-two (72) hours, plus, if applicable, one (1) additional business day, of receiving a request for additional information. If additional information is requested, then the prior authorization request is deemed approved by the health carrier or utilization review organization if it fails to grant the request, deny the request, or otherwise respond to the request of the healthcare provider within seventy-two (72) hours, plus, if applicable, one (1) additional business day, after the date and time of the submission for all requested additional information. Failure by a provider to submit the required documentation within seventy-two (72) hours, plus, if applicable, one (1) additional business day, necessitates the healthcare provider requesting a new prior authorization.
(g) A health carrier that provides coverage for emergency services in an emergency department of a hospital or freestanding emergency room facility shall comply with § 56-7-2355 and shall not require a prior authorization for such emergency services.
(h) A healthcare professional must submit a request for a prior authorization at least five (5) calendar days prior to the provision of the service or therapy for non-urgent prior authorizations.
(i) This section applies only to electronic submissions, unless the utilization review organization or health carrier does not allow electronic submission of prior authorizations.
(j) For the purposes of this section, health carriers are not required to provide the notice in accordance with § 56-7-3703 in writing.
Amended by 2023 Tenn. Acts, ch. 395, s 4, eff. 1/1/2025.
Tenn. Code Ann. § 56-11-110 — TN Code / Title 56 / Chapter 11 / Section 56-11-110
Injunctions - Prohibited voting of securities - Sequestration of voting securities
Status: in_force

(a) Injunctions. Whenever it appears to the commissioner that any insurer or health maintenance organization, or any director, officer, employee or agent thereof, has committed or is about to commit a violation of this part or of any rule, regulation, or order issued by the commissioner under this part, the commissioner may apply to the chancery court to enjoin the insurer or health maintenance organization or any director, officer, employee or agent of the insurer or health maintenance organization from violating or continuing to violate this part or any such rule, regulation or order, and for other equitable relief as the nature of the case and the interest of the insurer or health maintenance organization's policyholders, enrollees, providers, creditors, and shareholders or the public may require. (b) Voting of Securities; When Prohibited. No security that is the subject of any agreement or arrangement regarding acquisition, or that is acquired or to be acquired, in contravention of this part or of any rule, regulation or order issued by the commissioner under this part may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of the securities, unless the action would materially affect control of the insurer or health maintenance organization or unless the courts of this state have so ordered. If an insurer or health maintenance organization or the commissioner has reason to believe that any security of the insurer or health maintenance organization has been or is about to be acquired in contravention of this part or of any rule, regulation or order issued by the commissioner under this part, the insurer or health maintenance organization or the commissioner may apply to the chancery court of Davidson County to enjoin any offer, request, invitation, agreement or acquisition made in contravention of § 56-11-103 or any rule, regulation, or order issued by the commissioner under § 56-11-103 to enjoin the voting of any security so acquired, to void any vote of the security already cast at any meeting of shareholders and for other equitable relief as the nature of the case and the interest of the insurer or health maintenance organization's policyholders, enrollees, providers, creditors and shareholders or the public may require. (c) Sequestration of Voting Securities. In any case where a person has acquired or is proposing to acquire any voting securities in violation of this part or any rule, regulation or order issued by the commissioner under this part, the chancery court of Davidson County may, on such notice as the court deems appropriate, upon the application of the insurer or health maintenance organization or the commissioner, seize or sequester any voting securities of the insurer or health maintenance organization owned directly or indirectly by the person, and issue the order with respect thereto as may be appropriate to effectuate this part. Notwithstanding any other law, for the purposes of this part, situs of the ownership of the securities of domestic insurers or health maintenance organizations shall be deemed to be in this state. Amended by 2014 Tenn. Acts, ch. 583,Secs.s1, s18, s19 eff. 3/28/2014. Acts 1986, ch. 572, § 10; 2000, ch. 708, § 3h; T.C.A. § 56-11-210 .
(a) Injunctions. Whenever it appears to the commissioner that any insurer or health maintenance organization, or any director, officer, employee or agent thereof, has committed or is about to commit a violation of this part or of any rule, regulation, or order issued by the commissioner under this part, the commissioner may apply to the chancery court to enjoin the insurer or health maintenance organization or any director, officer, employee or agent of the insurer or health maintenance organization from violating or continuing to violate this part or any such rule, regulation or order, and for other equitable relief as the nature of the case and the interest of the insurer or health maintenance organization's policyholders, enrollees, providers, creditors, and shareholders or the public may require.
(b) Voting of Securities; When Prohibited. No security that is the subject of any agreement or arrangement regarding acquisition, or that is acquired or to be acquired, in contravention of this part or of any rule, regulation or order issued by the commissioner under this part may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of the securities, unless the action would materially affect control of the insurer or health maintenance organization or unless the courts of this state have so ordered. If an insurer or health maintenance organization or the commissioner has reason to believe that any security of the insurer or health maintenance organization has been or is about to be acquired in contravention of this part or of any rule, regulation or order issued by the commissioner under this part, the insurer or health maintenance organization or the commissioner may apply to the chancery court of Davidson County to enjoin any offer, request, invitation, agreement or acquisition made in contravention of § 56-11-103 or any rule, regulation, or order issued by the commissioner under § 56-11-103 to enjoin the voting of any security so acquired, to void any vote of the security already cast at any meeting of shareholders and for other equitable relief as the nature of the case and the interest of the insurer or health maintenance organization's policyholders, enrollees, providers, creditors and shareholders or the public may require.
(c) Sequestration of Voting Securities. In any case where a person has acquired or is proposing to acquire any voting securities in violation of this part or any rule, regulation or order issued by the commissioner under this part, the chancery court of Davidson County may, on such notice as the court deems appropriate, upon the application of the insurer or health maintenance organization or the commissioner, seize or sequester any voting securities of the insurer or health maintenance organization owned directly or indirectly by the person, and issue the order with respect thereto as may be appropriate to effectuate this part. Notwithstanding any other law, for the purposes of this part, situs of the ownership of the securities of domestic insurers or health maintenance organizations shall be deemed to be in this state.
Amended by 2014 Tenn. Acts, ch. 583,Secs.s1, s18, s19 eff. 3/28/2014.
Acts 1986, ch. 572, § 10; 2000, ch. 708, § 3h; T.C.A. § 56-11-210 .
Tenn. Code Ann. § 56-13-307 — TN Code / Title 56 / Chapter 13 / Section 56-13-307
Taxation
Status: in_force

In the case of a branch captive insurance company, the tax provided for in § 56-13-114 shall apply only to the branch business of such company. Acts 2011, ch. 468, § 1.
In the case of a branch captive insurance company, the tax provided for in § 56-13-114 shall apply only to the branch business of such company.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-7-202 — TN Code / Title 56 / Chapter 7 / Section 56-7-202
Insurance on married person's life, effected by spouse, not liable to debts of insured
Status: in_force

Whenever a married person causes life insurance to be effected upon the person's spouse's life, it shall in no case be subject to the debts of the insured, but shall inure to the benefit of the surviving spouse and children, or surviving spouse or children, as the case may be; however, any life insurance proceeds payable to the testate estate shall pass under the dispositive provisions of the will, but shall not be subject to the debts of the deceased spouse unless specifically charged with the debts in the will. Code 1858, § 2479 (deriv. Acts 1845-1846, ch. 216, § 3); Shan., § 4232; mod. Code 1932, § 8457; Acts 1969, ch. 234, § 1; T.C.A. (orig. ed.), § 56-1109.
Whenever a married person causes life insurance to be effected upon the person's spouse's life, it shall in no case be subject to the debts of the insured, but shall inure to the benefit of the surviving spouse and children, or surviving spouse or children, as the case may be; however, any life insurance proceeds payable to the testate estate shall pass under the dispositive provisions of the will, but shall not be subject to the debts of the deceased spouse unless specifically charged with the debts in the will.
Code 1858, § 2479 (deriv. Acts 1845-1846, ch. 216, § 3); Shan., § 4232; mod. Code 1932, § 8457; Acts 1969, ch. 234, § 1; T.C.A. (orig. ed.), § 56-1109.
Tenn. Code Ann. § 56-4-206 — TN Code / Title 56 / Chapter 4 / Section 56-4-206
Tax on workers' compensation insurers
Status: in_force

Every insurance company writing workers' compensation insurance under the Workers' Compensation Law, compiled in title 50, chapter 6, shall be subject to and pay a tax of four percent (4%) on gross premiums collected for workers' compensation insurance, plus a surcharge of four tenths of one percent (0.4%) on gross premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in title 50, chapter 3. This tax shall be paid at the same time and in the same manner as the tax levied upon insurance companies by § 56-4-205 ; provided, that the surcharge of four tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section does not apply to any employer who employs ten (10) or fewer employees, unless the employer is in the business of construction or manufacturing. Acts 1945, ch. 3, § 2; C. Supp. 1950, § 1248.42 (Williams, § 1248.170); T.C.A. (orig. ed.), § 56-409; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 1, 4.
Every insurance company writing workers' compensation insurance under the Workers' Compensation Law, compiled in title 50, chapter 6, shall be subject to and pay a tax of four percent (4%) on gross premiums collected for workers' compensation insurance, plus a surcharge of four tenths of one percent (0.4%) on gross premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in title 50, chapter 3. This tax shall be paid at the same time and in the same manner as the tax levied upon insurance companies by § 56-4-205 ; provided, that the surcharge of four tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section does not apply to any employer who employs ten (10) or fewer employees, unless the employer is in the business of construction or manufacturing.
Acts 1945, ch. 3, § 2; C. Supp. 1950, § 1248.42 (Williams, § 1248.170); T.C.A. (orig. ed.), § 56-409; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 1, 4.
Tenn. Code Ann. § 56-18-114 — TN Code / Title 56 / Chapter 18 / Section 56-18-114
Powers of corporation upon conversion
Status: in_force

When a stock life insurance corporation has become converted into a mutual life insurance corporation as provided in this chapter, it shall have all the rights, privileges and powers conferred upon it by its charter and any amendments to its charter, and all the rights, privileges and powers conferred by general laws of this state either expressly applicable to a mutual life insurance corporation or containing general language within the scope and purview of which a mutual life insurance corporation falls. Acts 1949, ch. 91, § 13; C. Supp. 1950, § 6433.25 (Williams, § 6433.29); T.C.A. (orig. ed.), § 56-1615.
When a stock life insurance corporation has become converted into a mutual life insurance corporation as provided in this chapter, it shall have all the rights, privileges and powers conferred upon it by its charter and any amendments to its charter, and all the rights, privileges and powers conferred by general laws of this state either expressly applicable to a mutual life insurance corporation or containing general language within the scope and purview of which a mutual life insurance corporation falls.
Acts 1949, ch. 91, § 13; C. Supp. 1950, § 6433.25 (Williams, § 6433.29); T.C.A. (orig. ed.), § 56-1615.
Tenn. Code Ann. § 56-7-603 — TN Code / Title 56 / Chapter 7 / Section 56-7-603
Shopping and decision support program
Status: in_force

(a) (1) Beginning upon approval of the next health insurance rate filing on or after January 1, 2021, a carrier offering a health plan in this state shall implement a shopping and decision support program that provides shopping capabilities and decision support services for enrollees in a health plan. In addition to the requirements of § 56-7-610 , beginning on January 1, 2021, a carrier may provide incentives for enrollees in a health plan who elect to receive a comparable healthcare service from a network provider that is covered by the health plan and that is paid less than the average allowed amount paid by that carrier to network providers for that comparable healthcare service before and after an enrollee's out-of-pocket limit has been met. (2) In addition to the requirements of § 56-7-610 , incentives, effective January 1, 2021, may be calculated as a percentage of the difference between the amount actually paid by the carrier for a given comparable healthcare service and the average allowed amount for that service. Incentives may be provided as a cash payment to the enrollee, a credit toward the enrollee's annual in-network deductible and out-of-pocket limit, or a credit or reduction of a premium, a copayment, cost sharing, or a deductible. (3) The shopping and decision support program may provide each enrollee with at least fifty percent (50%) of the carrier's saved costs for each comparable healthcare service. However, the shopping and decision support program may exclude incentive payments, credits, or reductions for services where the savings to the carrier is fifty dollars ($50.00) or less. (4) The average allowed amount must be based on the actual allowed amounts paid to network providers under the enrollee's health plan within a reasonable timeframe, not to exceed one (1) year. (5) Annually, at enrollment or renewal, a carrier shall provide, at a minimum, notice to enrollees of the right to obtain information described in subdivision (a)(4) and the process for obtaining the information, and a description of how to earn any incentives. A carrier shall provide this notice on the carrier's website and in health plan materials provided to enrollees. (b) An insurance carrier shall make the shopping and decision support program available as a component of all health plans offered by the carrier in this state. (c) Prior to offering the shopping and decision support program to any enrollee, a carrier shall file a description of the shopping and decision support program established by the carrier pursuant to this section with the department. The insurance carrier has discretion as to the appropriate format for providing the information required and may customize the format in order to provide the most relevant information necessary to permit the department to determine compliance. The department may review the filing made by the carrier to determine if the carrier's shopping and decision support program complies with this section. (d) (1) Beginning January 1, 2022, a carrier shall annually file with the department for the most recent calendar year the total number of comparable healthcare service incentive payments made pursuant to this section, the use of comparable healthcare services by category of service for which comparable healthcare service incentive payments were made, the total incentive payments made to enrollees, the average amount of incentive payments made by service for the transactions, and the total number and percentage of a carrier's enrollees that participated in the transactions. (2) Beginning in 2022 and by April 1 of each year thereafter, the commissioner shall submit an aggregate report for all carriers filing the information required by this subsection (d) to the commerce and labor committee of the senate and the insurance committee of the house of representatives. The commissioner may set reasonable limits on the annual reporting requirements on carriers to focus on the more popular comparable healthcare services. Amended by 2023 Tenn. Acts, ch. 244, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 244, s 5, eff. 7/1/2023. Acts 2019, ch. 407, § 1.
(a) (1) Beginning upon approval of the next health insurance rate filing on or after January 1, 2021, a carrier offering a health plan in this state shall implement a shopping and decision support program that provides shopping capabilities and decision support services for enrollees in a health plan. In addition to the requirements of § 56-7-610 , beginning on January 1, 2021, a carrier may provide incentives for enrollees in a health plan who elect to receive a comparable healthcare service from a network provider that is covered by the health plan and that is paid less than the average allowed amount paid by that carrier to network providers for that comparable healthcare service before and after an enrollee's out-of-pocket limit has been met. (2) In addition to the requirements of § 56-7-610 , incentives, effective January 1, 2021, may be calculated as a percentage of the difference between the amount actually paid by the carrier for a given comparable healthcare service and the average allowed amount for that service. Incentives may be provided as a cash payment to the enrollee, a credit toward the enrollee's annual in-network deductible and out-of-pocket limit, or a credit or reduction of a premium, a copayment, cost sharing, or a deductible. (3) The shopping and decision support program may provide each enrollee with at least fifty percent (50%) of the carrier's saved costs for each comparable healthcare service. However, the shopping and decision support program may exclude incentive payments, credits, or reductions for services where the savings to the carrier is fifty dollars ($50.00) or less. (4) The average allowed amount must be based on the actual allowed amounts paid to network providers under the enrollee's health plan within a reasonable timeframe, not to exceed one (1) year. (5) Annually, at enrollment or renewal, a carrier shall provide, at a minimum, notice to enrollees of the right to obtain information described in subdivision (a)(4) and the process for obtaining the information, and a description of how to earn any incentives. A carrier shall provide this notice on the carrier's website and in health plan materials provided to enrollees.
(1) Beginning upon approval of the next health insurance rate filing on or after January 1, 2021, a carrier offering a health plan in this state shall implement a shopping and decision support program that provides shopping capabilities and decision support services for enrollees in a health plan. In addition to the requirements of § 56-7-610 , beginning on January 1, 2021, a carrier may provide incentives for enrollees in a health plan who elect to receive a comparable healthcare service from a network provider that is covered by the health plan and that is paid less than the average allowed amount paid by that carrier to network providers for that comparable healthcare service before and after an enrollee's out-of-pocket limit has been met.
(2) In addition to the requirements of § 56-7-610 , incentives, effective January 1, 2021, may be calculated as a percentage of the difference between the amount actually paid by the carrier for a given comparable healthcare service and the average allowed amount for that service. Incentives may be provided as a cash payment to the enrollee, a credit toward the enrollee's annual in-network deductible and out-of-pocket limit, or a credit or reduction of a premium, a copayment, cost sharing, or a deductible.
(3) The shopping and decision support program may provide each enrollee with at least fifty percent (50%) of the carrier's saved costs for each comparable healthcare service. However, the shopping and decision support program may exclude incentive payments, credits, or reductions for services where the savings to the carrier is fifty dollars ($50.00) or less.
(4) The average allowed amount must be based on the actual allowed amounts paid to network providers under the enrollee's health plan within a reasonable timeframe, not to exceed one (1) year.
(5) Annually, at enrollment or renewal, a carrier shall provide, at a minimum, notice to enrollees of the right to obtain information described in subdivision (a)(4) and the process for obtaining the information, and a description of how to earn any incentives. A carrier shall provide this notice on the carrier's website and in health plan materials provided to enrollees.
(b) An insurance carrier shall make the shopping and decision support program available as a component of all health plans offered by the carrier in this state.
(c) Prior to offering the shopping and decision support program to any enrollee, a carrier shall file a description of the shopping and decision support program established by the carrier pursuant to this section with the department. The insurance carrier has discretion as to the appropriate format for providing the information required and may customize the format in order to provide the most relevant information necessary to permit the department to determine compliance. The department may review the filing made by the carrier to determine if the carrier's shopping and decision support program complies with this section.
(d) (1) Beginning January 1, 2022, a carrier shall annually file with the department for the most recent calendar year the total number of comparable healthcare service incentive payments made pursuant to this section, the use of comparable healthcare services by category of service for which comparable healthcare service incentive payments were made, the total incentive payments made to enrollees, the average amount of incentive payments made by service for the transactions, and the total number and percentage of a carrier's enrollees that participated in the transactions. (2) Beginning in 2022 and by April 1 of each year thereafter, the commissioner shall submit an aggregate report for all carriers filing the information required by this subsection (d) to the commerce and labor committee of the senate and the insurance committee of the house of representatives. The commissioner may set reasonable limits on the annual reporting requirements on carriers to focus on the more popular comparable healthcare services.
(1) Beginning January 1, 2022, a carrier shall annually file with the department for the most recent calendar year the total number of comparable healthcare service incentive payments made pursuant to this section, the use of comparable healthcare services by category of service for which comparable healthcare service incentive payments were made, the total incentive payments made to enrollees, the average amount of incentive payments made by service for the transactions, and the total number and percentage of a carrier's enrollees that participated in the transactions.
(2) Beginning in 2022 and by April 1 of each year thereafter, the commissioner shall submit an aggregate report for all carriers filing the information required by this subsection (d) to the commerce and labor committee of the senate and the insurance committee of the house of representatives. The commissioner may set reasonable limits on the annual reporting requirements on carriers to focus on the more popular comparable healthcare services.
Amended by 2023 Tenn. Acts, ch. 244, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 244, s 5, eff. 7/1/2023.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-7-2310 — TN Code / Title 56 / Chapter 7 / Section 56-7-2310
Character of life insurance policies to be printed or stamped thereon
Status: in_force

All life insurance companies authorized to do the business of life insurance in this state are required to print, in conspicuous type, on the face or first page of each policy sold to citizens of this state, words correctly describing the character of the policy. Acts 1905, ch. 392, § 1; Shan., § 3348a15; Code 1932, § 6186; Acts 1976, ch. 417, § 5; T.C.A. (orig. ed.), § 56-1115; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-304.
All life insurance companies authorized to do the business of life insurance in this state are required to print, in conspicuous type, on the face or first page of each policy sold to citizens of this state, words correctly describing the character of the policy.
Acts 1905, ch. 392, § 1; Shan., § 3348a15; Code 1932, § 6186; Acts 1976, ch. 417, § 5; T.C.A. (orig. ed.), § 56-1115; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-304.
Tenn. Code Ann. § 56-16-208 — TN Code / Title 56 / Chapter 16 / Section 56-16-208
Assessments - Time limit for paying
Status: in_force

Every subscriber of a domestic reciprocal having contingent assessment liability shall be liable for and shall pay the subscriber's share of any assessment computed in accordance with § 56-16-207 if, while the policy is in force or within one (1) year after its termination, the subscriber is notified: (1) By the attorney of the attorney's intention to levy the assessment; or (2) That delinquency proceedings have been commenced against the reciprocal under chapter 9 of this title, and the department or receiver intends to levy an assessment. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-308.
Every subscriber of a domestic reciprocal having contingent assessment liability shall be liable for and shall pay the subscriber's share of any assessment computed in accordance with § 56-16-207 if, while the policy is in force or within one (1) year after its termination, the subscriber is notified:
(1) By the attorney of the attorney's intention to levy the assessment; or
(2) That delinquency proceedings have been commenced against the reciprocal under chapter 9 of this title, and the department or receiver intends to levy an assessment.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-308.
Tenn. Code Ann. § 56-51-145 — TN Code / Title 56 / Chapter 51 / Section 56-51-145
Fees
Status: in_force

Every prepaid limited health service organization subject to this chapter must pay to the department the following fees: (1) For filing an application for a certificate of authority: five hundred dollars ($500); (2) For filing an amendment to organization documents that require approval: fifty dollars ($50.00); (3) Each annual report: one hundred dollars ($100); and (4) For each renewal of certificate of authority each year: one hundred dollars ($100). Acts 2000, ch. 948, § 45.
Every prepaid limited health service organization subject to this chapter must pay to the department the following fees:
(1) For filing an application for a certificate of authority: five hundred dollars ($500);
(2) For filing an amendment to organization documents that require approval: fifty dollars ($50.00);
(3) Each annual report: one hundred dollars ($100); and
(4) For each renewal of certificate of authority each year: one hundred dollars ($100).
Acts 2000, ch. 948, § 45.
Tenn. Code Ann. § 56-28-108 — TN Code / Title 56 / Chapter 28 / Section 56-28-108
Acquisition and administrative expenses
Status: in_force

All acquisition and administrative expenses in connection with the hospital service corporation shall at all times be limited after the first year of operation so as not to exceed twenty-five percent (25%) of the total net premium income of the corporation. All acquisition and administrative expenses shall be subject to the approval of the commissioner. Acts 1945, ch. 98, § 12; C. Supp. 1950, § 4186.12; T.C.A. (orig. ed.), § 56-3008.
All acquisition and administrative expenses in connection with the hospital service corporation shall at all times be limited after the first year of operation so as not to exceed twenty-five percent (25%) of the total net premium income of the corporation. All acquisition and administrative expenses shall be subject to the approval of the commissioner.
Acts 1945, ch. 98, § 12; C. Supp. 1950, § 4186.12; T.C.A. (orig. ed.), § 56-3008.
Tenn. Code Ann. § 56-8-105 — TN Code / Title 56 / Chapter 8 / Section 56-8-105
Unfair claims practice
Status: in_force

Any of the following acts by an insurer or person constitutes an unfair claims practice: (1) Knowingly misrepresenting relevant facts or policy provisions relating to coverages at issue; (2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies; (3) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies; (4) Except when the prompt and good faith payment of claims is governed by more specific standards, not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear; (5) Compelling insureds or beneficiaries to a life insurance contract to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them; provided, that equal consideration shall be given to the relationship between the amount claimed and the amounts ultimately recovered through litigation or other valid legal arguments; (6) Refusing to pay claims without conducting a reasonable investigation except when denied because of an electronic submission error by the claimant; (7) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; (8) Attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application; provided, that this subdivision (8) does not apply to settlement of, or attempts to settle, claims by third-party claimants; (9) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured; (10) Making claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made. Nothing in this subdivision (10) shall be construed to require specific coverage identification for payments made to meet urgent needs of an insured; provided, that the insured, at or before the final settlement of the claim, receives a written explanation indicating the coverage or coverages under which the payments are made; (11) Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form. Nothing contained in this subdivision (11) shall be construed as obligating any insurer to make a decision upon any claim without sufficient investigation and information to determine if the claim, or any part of the claim, is false, fraudulent, or for an excessive amount; (12) Failing, in the case of claims denials or offers of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such actions. Nothing contained in this subdivision (12) shall be construed as obligating any insurer to make a decision upon any claim without sufficient investigation and information to determine if the claim, or any part of the claim, is false, fraudulent, or for an excessive amount. Further, this subdivision (12) shall not apply to denials of, or offers of compromise settlement of, third-party claims; (13) In response to a request for claims forms, failing to provide forms necessary to present claims within fifteen (15) calendar days of such a request with reasonable explanations regarding their use; (14) If the insurer owns a repairer or requires a repairer to be used, the insurer's failure to adopt and implement reasonable standards to assure that the repairs are performed in a workmanlike manner; or (15) Failing to make payment of workers' compensation benefits as such payment is required by the commissioner of labor and workforce development or by title 50, chapter 6. Acts 2008, ch. 1079, §§ 1, 6.
Any of the following acts by an insurer or person constitutes an unfair claims practice:
(1) Knowingly misrepresenting relevant facts or policy provisions relating to coverages at issue;
(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;
(3) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies;
(4) Except when the prompt and good faith payment of claims is governed by more specific standards, not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear;
(5) Compelling insureds or beneficiaries to a life insurance contract to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them; provided, that equal consideration shall be given to the relationship between the amount claimed and the amounts ultimately recovered through litigation or other valid legal arguments;
(6) Refusing to pay claims without conducting a reasonable investigation except when denied because of an electronic submission error by the claimant;
(7) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(8) Attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application; provided, that this subdivision (8) does not apply to settlement of, or attempts to settle, claims by third-party claimants;
(9) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured;
(10) Making claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made. Nothing in this subdivision (10) shall be construed to require specific coverage identification for payments made to meet urgent needs of an insured; provided, that the insured, at or before the final settlement of the claim, receives a written explanation indicating the coverage or coverages under which the payments are made;
(11) Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form. Nothing contained in this subdivision (11) shall be construed as obligating any insurer to make a decision upon any claim without sufficient investigation and information to determine if the claim, or any part of the claim, is false, fraudulent, or for an excessive amount;
(12) Failing, in the case of claims denials or offers of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such actions. Nothing contained in this subdivision (12) shall be construed as obligating any insurer to make a decision upon any claim without sufficient investigation and information to determine if the claim, or any part of the claim, is false, fraudulent, or for an excessive amount. Further, this subdivision (12) shall not apply to denials of, or offers of compromise settlement of, third-party claims;
(13) In response to a request for claims forms, failing to provide forms necessary to present claims within fifteen (15) calendar days of such a request with reasonable explanations regarding their use;
(14) If the insurer owns a repairer or requires a repairer to be used, the insurer's failure to adopt and implement reasonable standards to assure that the repairs are performed in a workmanlike manner; or
(15) Failing to make payment of workers' compensation benefits as such payment is required by the commissioner of labor and workforce development or by title 50, chapter 6.
Acts 2008, ch. 1079, §§ 1, 6.
Tenn. Code Ann. § 56-6-703 — TN Code / Title 56 / Chapter 6 / Section 56-6-703
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Adverse determination" has the same meaning as defined in § 56-61-102 ; (2) "Clinical criteria" means the written policies, screening procedures, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by the utilization review agent to determine the necessity and appropriateness of health care services; (3) "Commissioner" means the commissioner of commerce and insurance; (4) "Enrollee" means an individual who has contracted for or who participates in coverage under an insurance policy, a health maintenance organization contract, a health service corporation contract, an employee welfare benefit plan, a hospital or medical services plan, or any other benefit program providing payment, reimbursement, or indemnification for health care costs for the individual or the individual's eligible dependents; (5) "Final adverse determination" has the same meaning as defined in § 56-61-102 ; (6) "Health care service" means health care procedures, treatments, or services provided by a facility licensed in this state or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in this state; (7) "Healthcare facility" means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11, or title 33; (8) "Medical necessity" has the same meaning as defined in § 56-61-102 ; (9) "Preauthorization" means the process by which the utilization review agent determines the medical necessity of otherwise covered health care services prior to the rendering of such health care services including, but not limited to, preadmission review, pretreatment review, utilization, and case management; (10) "Provider of record" means the physician or other licensed practitioner identified to the utilization review agent as having primary responsibility for the care, treatment, and services rendered to an individual; (11) (A) "Utilization review" means a system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state; (B) "Utilization review" does not include elective requests for clarification of coverage; and (12) "Utilization review agent" means any person or entity, including the state, performing utilization review, except: (A) An agency of the federal government; (B) An agent acting on behalf of the federal government, but only to the extent that the agent is providing services to the federal government; (C) A hospital's internal quality assurance program; (D) An employee of a utilization review agent; or (E) Health maintenance organizations licensed and regulated by the commissioner, but only to the extent of providing utilization review to their own members. Amended by 2022 Tenn. Acts, ch. 664, s 1, eff. 1/1/2023. Amended by 2014 Tenn. Acts, ch. 731, s 1, eff. 1/15/2015. Acts 1992, ch. 812, § 4.
As used in this part, unless the context otherwise requires:
(1) "Adverse determination" has the same meaning as defined in § 56-61-102 ;
(2) "Clinical criteria" means the written policies, screening procedures, decision rules, decision abstracts, clinical protocols, practice guidelines, and medical protocols used by the utilization review agent to determine the necessity and appropriateness of health care services;
(3) "Commissioner" means the commissioner of commerce and insurance;
(4) "Enrollee" means an individual who has contracted for or who participates in coverage under an insurance policy, a health maintenance organization contract, a health service corporation contract, an employee welfare benefit plan, a hospital or medical services plan, or any other benefit program providing payment, reimbursement, or indemnification for health care costs for the individual or the individual's eligible dependents;
(5) "Final adverse determination" has the same meaning as defined in § 56-61-102 ;
(6) "Health care service" means health care procedures, treatments, or services provided by a facility licensed in this state or provided by a doctor of medicine, a doctor of osteopathy, or a health care professional licensed in this state;
(7) "Healthcare facility" means an institution, place, or building providing healthcare services that is required to be licensed under title 68, chapter 11, or title 33;
(8) "Medical necessity" has the same meaning as defined in § 56-61-102 ;
(9) "Preauthorization" means the process by which the utilization review agent determines the medical necessity of otherwise covered health care services prior to the rendering of such health care services including, but not limited to, preadmission review, pretreatment review, utilization, and case management;
(10) "Provider of record" means the physician or other licensed practitioner identified to the utilization review agent as having primary responsibility for the care, treatment, and services rendered to an individual;
(11) (A) "Utilization review" means a system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state; (B) "Utilization review" does not include elective requests for clarification of coverage; and
(A) "Utilization review" means a system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state;
(B) "Utilization review" does not include elective requests for clarification of coverage; and
(12) "Utilization review agent" means any person or entity, including the state, performing utilization review, except: (A) An agency of the federal government; (B) An agent acting on behalf of the federal government, but only to the extent that the agent is providing services to the federal government; (C) A hospital's internal quality assurance program; (D) An employee of a utilization review agent; or (E) Health maintenance organizations licensed and regulated by the commissioner, but only to the extent of providing utilization review to their own members.
(A) An agency of the federal government;
(B) An agent acting on behalf of the federal government, but only to the extent that the agent is providing services to the federal government;
(C) A hospital's internal quality assurance program;
(D) An employee of a utilization review agent; or
(E) Health maintenance organizations licensed and regulated by the commissioner, but only to the extent of providing utilization review to their own members.
Amended by 2022 Tenn. Acts, ch. 664, s 1, eff. 1/1/2023.
Amended by 2014 Tenn. Acts, ch. 731, s 1, eff. 1/15/2015.
Acts 1992, ch. 812, § 4.
Tenn. Code Ann. § 56-7-2368 — TN Code / Title 56 / Chapter 7 / Section 56-7-2368
Health insurance coverage for hearing aids for children
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Child" or "children" means any person under eighteen (18) years of age; and (2) "Hearing aid" means any wearable, nonexperimental, nondisposable instrument or device designed for the ear and used to aid or compensate for impaired human hearing, including earmolds and services necessary to select, fit, and adjust the hearing aid, but excluding batteries, cords, and other assistive listening devices such as FM systems. (b) Every individual or group health insurance policy providing coverage on an expense-incurred basis, every policy or contract issued by a hospital or medical service corporation, every individual or group service contract issued by a health maintenance organization, and every self-insured group arrangement to the extent not preempted by federal law, which is delivered, issued for delivery, or renewed in this state on or after January 1, 2012, shall provide coverage of up to one thousand dollars ($1,000) per individual hearing aid per ear, every three (3) years, for every child covered by such policy whether as a dependent of the policy holder or otherwise. (c) The insured may choose a hearing aid exceeding one thousand dollars ($1,000) and pay the difference in cost above the amount of coverage required by this section. Reimbursement shall be provided according to the respective principles and policies of the insurer. (d) The insurer may require the policyholder to provide a prescription by a licensed audiologist or physician or show proof through other suitable documentation of the need for a hearing aid, and this section shall not preclude the insurer from conducting managed care, medical necessity, or utilization review or prevent the operation of such policy provisions as deductibles, coinsurance, allowable charge limitations, coordination of benefits or provisions restricting coverage to services by licensed, certified or carrier-approved providers or facilities. (e) This section shall not apply to insurance coverage providing benefits for the following: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily injury or death by accident, or both; and (9) Other limited benefit policies. (f) This section shall not apply to TennCare or any successor program provided for in title 71, chapter 5. Acts 2011, ch. 199, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Child" or "children" means any person under eighteen (18) years of age; and (2) "Hearing aid" means any wearable, nonexperimental, nondisposable instrument or device designed for the ear and used to aid or compensate for impaired human hearing, including earmolds and services necessary to select, fit, and adjust the hearing aid, but excluding batteries, cords, and other assistive listening devices such as FM systems.
(1) "Child" or "children" means any person under eighteen (18) years of age; and
(2) "Hearing aid" means any wearable, nonexperimental, nondisposable instrument or device designed for the ear and used to aid or compensate for impaired human hearing, including earmolds and services necessary to select, fit, and adjust the hearing aid, but excluding batteries, cords, and other assistive listening devices such as FM systems.
(b) Every individual or group health insurance policy providing coverage on an expense-incurred basis, every policy or contract issued by a hospital or medical service corporation, every individual or group service contract issued by a health maintenance organization, and every self-insured group arrangement to the extent not preempted by federal law, which is delivered, issued for delivery, or renewed in this state on or after January 1, 2012, shall provide coverage of up to one thousand dollars ($1,000) per individual hearing aid per ear, every three (3) years, for every child covered by such policy whether as a dependent of the policy holder or otherwise.
(c) The insured may choose a hearing aid exceeding one thousand dollars ($1,000) and pay the difference in cost above the amount of coverage required by this section. Reimbursement shall be provided according to the respective principles and policies of the insurer.
(d) The insurer may require the policyholder to provide a prescription by a licensed audiologist or physician or show proof through other suitable documentation of the need for a hearing aid, and this section shall not preclude the insurer from conducting managed care, medical necessity, or utilization review or prevent the operation of such policy provisions as deductibles, coinsurance, allowable charge limitations, coordination of benefits or provisions restricting coverage to services by licensed, certified or carrier-approved providers or facilities.
(e) This section shall not apply to insurance coverage providing benefits for the following: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily injury or death by accident, or both; and (9) Other limited benefit policies.
(1) Hospital confinement indemnity;
(2) Disability income;
(3) Accident only;
(4) Long-term care;
(5) Medicare supplement;
(6) Limited benefit health;
(7) Specified disease indemnity;
(8) Sickness or bodily injury or death by accident, or both; and
(9) Other limited benefit policies.
(f) This section shall not apply to TennCare or any successor program provided for in title 71, chapter 5.
Acts 2011, ch. 199, § 1.
Tenn. Code Ann. § 56-9-322 — TN Code / Title 56 / Chapter 9 / Section 56-9-322
Liquidator's proposal to disburse assets - Required provisions of proposal - Application to court for approval of proposal - Notice of application
Status: in_force

(a) Within one hundred twenty (120) days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as the assets become available, to a guaranty association or foreign guaranty association having obligations because of the insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination. (b) The proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in § 56-9-330 , Classes 1 and 2; (2) Disbursement of the assets marshalled to date and subsequent disbursement of assets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and foreign guaranty associations entitled to the disbursements; (4) The securing by the liquidator from each of the associations entitled to disbursements pursuant to this section of an agreement to return to the liquidator the assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in § 56-9-330 in accordance with the priorities. No bond shall be required of any such association; and (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on the assets and any other matter as the court may direct. (c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments made or to be made thereby for which the associations could assert a claim against the liquidator, and shall further provide that, if the assets available for disbursement from time to time do not equal or exceed the amount of the claim payments made or to be made by the association, then disbursements shall be in the amount of available assets. (d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or health insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or health insurance or annuities or to any other entity or organization reinsuring, assuming or guaranteeing policies or contracts of insurance under the acts creating the associations. (e) Notice of the application shall be given to the association in, and to the commissioners of insurance of, each of the states. This notice shall be deemed to have been given when deposited in the United States certified mail, first class postage prepaid, at least thirty (30) days prior to submission of the application to the court. Action on the application may be taken by the court; provided, that the above required notice has been given; and provided further, that the liquidator's proposal complies with subdivisions (b)(1) and (2). Acts 1991, ch. 142, § 4.
(a) Within one hundred twenty (120) days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as the assets become available, to a guaranty association or foreign guaranty association having obligations because of the insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination.
(b) The proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in § 56-9-330 , Classes 1 and 2; (2) Disbursement of the assets marshalled to date and subsequent disbursement of assets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and foreign guaranty associations entitled to the disbursements; (4) The securing by the liquidator from each of the associations entitled to disbursements pursuant to this section of an agreement to return to the liquidator the assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in § 56-9-330 in accordance with the priorities. No bond shall be required of any such association; and (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on the assets and any other matter as the court may direct.
(1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in § 56-9-330 , Classes 1 and 2;
(2) Disbursement of the assets marshalled to date and subsequent disbursement of assets as they become available;
(3) Equitable allocation of disbursements to each of the guaranty associations and foreign guaranty associations entitled to the disbursements;
(4) The securing by the liquidator from each of the associations entitled to disbursements pursuant to this section of an agreement to return to the liquidator the assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in § 56-9-330 in accordance with the priorities. No bond shall be required of any such association; and
(5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on the assets and any other matter as the court may direct.
(c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments made or to be made thereby for which the associations could assert a claim against the liquidator, and shall further provide that, if the assets available for disbursement from time to time do not equal or exceed the amount of the claim payments made or to be made by the association, then disbursements shall be in the amount of available assets.
(d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or health insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or health insurance or annuities or to any other entity or organization reinsuring, assuming or guaranteeing policies or contracts of insurance under the acts creating the associations.
(e) Notice of the application shall be given to the association in, and to the commissioners of insurance of, each of the states. This notice shall be deemed to have been given when deposited in the United States certified mail, first class postage prepaid, at least thirty (30) days prior to submission of the application to the court. Action on the application may be taken by the court; provided, that the above required notice has been given; and provided further, that the liquidator's proposal complies with subdivisions (b)(1) and (2).
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-9-402 — TN Code / Title 56 / Chapter 9 / Section 56-9-402
Application by commissioner to liquidate assets of foreign or alien insurer - Grounds - Notice to insurer - Issuance of order by court - Receiver - Payment of claims after liquidation
Status: in_force

(a) If no domiciliary receiver has been appointed, the commissioner may apply to the chancery court of Davidson County by verified petition for an order directing the commissioner to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds in § 56-9-301 or § 56-9-306 ; or (2) Any of the grounds specified in § 56-9-401(a)(2)-(4) . (b) When an order is sought under subsection (a), the court shall cause the insurer to be given the notice and time to respond thereto as is reasonable under the circumstances. (c) If it appears to the court that the best interests of creditors, policyholders and the public so require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the chancery court of Davidson County, or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. (d) (1) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under § 56-9-404 . (2) If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under § 56-9-404 . (e) On the same grounds as are specified in subsection (a), the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part that the commissioner deems desirable for the protection of the policyholders and creditors in this state. (f) The court may order the commissioner, when the commissioner has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with this section. Acts 1991, ch. 142, § 4.
(a) If no domiciliary receiver has been appointed, the commissioner may apply to the chancery court of Davidson County by verified petition for an order directing the commissioner to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds in § 56-9-301 or § 56-9-306 ; or (2) Any of the grounds specified in § 56-9-401(a)(2)-(4) .
(1) Any of the grounds in § 56-9-301 or § 56-9-306 ; or
(2) Any of the grounds specified in § 56-9-401(a)(2)-(4) .
(b) When an order is sought under subsection (a), the court shall cause the insurer to be given the notice and time to respond thereto as is reasonable under the circumstances.
(c) If it appears to the court that the best interests of creditors, policyholders and the public so require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the chancery court of Davidson County, or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(d) (1) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under § 56-9-404 . (2) If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under § 56-9-404 .
(1) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under § 56-9-404 .
(2) If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under § 56-9-404 .
(e) On the same grounds as are specified in subsection (a), the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part that the commissioner deems desirable for the protection of the policyholders and creditors in this state.
(f) The court may order the commissioner, when the commissioner has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with this section.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-6-108 — TN Code / Title 56 / Chapter 6 / Section 56-6-108
Nonresident licensing
Status: in_force

(a) Unless denied licensure pursuant to § 56-6-112 , a nonresident person shall receive an insurance producer license if: (1) The person is currently licensed as a resident insurance producer and is in good standing in the person's home state; (2) The person has submitted the proper request for licensure and has paid the applicable fees required by § 56-6-121 ; (3) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person's home state, or in lieu of the same, a completed uniform application; and (4) The person's home state awards insurance producer licenses to residents of this state on the same basis. (b) The commissioner may verify the insurance producer's licensing status through any producer database maintained by the NAIC, its affiliates or subsidiaries. (c) A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty (30) days of the change of legal residence. No fee or license application is required. (d) Notwithstanding any other provision of this part, a person licensed as a surplus lines producer in the person's home state shall receive a surplus lines producer license in this state pursuant to subsection (a). Except as provided in subsection (a), nothing in this section otherwise amends or supersedes the Surplus Lines Insurance Act, compiled in chapter 14 of this title. (e) Notwithstanding any other provision of this part, a person licensed as a limited line credit insurance producer or any other type of limited lines insurance producer in the person's home state shall receive a nonresident limited lines producer license, pursuant to subsection (a), as long as the license is granted to residents of this state. The license shall grant the nonresident the same scope of authority as granted a resident insurance producer holding the license in this state. Acts 2002, ch. 798, § 9.
(a) Unless denied licensure pursuant to § 56-6-112 , a nonresident person shall receive an insurance producer license if: (1) The person is currently licensed as a resident insurance producer and is in good standing in the person's home state; (2) The person has submitted the proper request for licensure and has paid the applicable fees required by § 56-6-121 ; (3) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person's home state, or in lieu of the same, a completed uniform application; and (4) The person's home state awards insurance producer licenses to residents of this state on the same basis.
(1) The person is currently licensed as a resident insurance producer and is in good standing in the person's home state;
(2) The person has submitted the proper request for licensure and has paid the applicable fees required by § 56-6-121 ;
(3) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person's home state, or in lieu of the same, a completed uniform application; and
(4) The person's home state awards insurance producer licenses to residents of this state on the same basis.
(b) The commissioner may verify the insurance producer's licensing status through any producer database maintained by the NAIC, its affiliates or subsidiaries.
(c) A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty (30) days of the change of legal residence. No fee or license application is required.
(d) Notwithstanding any other provision of this part, a person licensed as a surplus lines producer in the person's home state shall receive a surplus lines producer license in this state pursuant to subsection (a). Except as provided in subsection (a), nothing in this section otherwise amends or supersedes the Surplus Lines Insurance Act, compiled in chapter 14 of this title.
(e) Notwithstanding any other provision of this part, a person licensed as a limited line credit insurance producer or any other type of limited lines insurance producer in the person's home state shall receive a nonresident limited lines producer license, pursuant to subsection (a), as long as the license is granted to residents of this state. The license shall grant the nonresident the same scope of authority as granted a resident insurance producer holding the license in this state.
Acts 2002, ch. 798, § 9.
Tenn. Code Ann. § 56-1-211 — TN Code / Title 56 / Chapter 1 / Section 56-1-211
Office to assist older persons concerning insurance
Status: in_force

(a) The commissioner shall establish within the department an office to assist older Tennesseans in understanding, evaluating, and comparing insurance products available to them. The projects, programs, and services of the office shall be coordinated with those of the commission on aging and disability created by § 52-8-102 . The office shall devote particular attention to addressing questions involving medicare supplement insurance policies. (b) Subject to the limits of any appropriation by the general assembly, the commissioner may, through the office established under subsection (a): (1) Employ or contract for the services of a consultant approved by the department of disability and aging; (2) Train the consultant to meet with and appear before senior citizens groups to disseminate and gather information on insurance products of interest to them; (3) Develop a computer system capable of comparing features and rates of various insurance policies; (4) Reimburse volunteers for travel expenses incurred in connection with the performance of duties assigned by the office; and (5) Undertake any other activities that are reasonably necessary to accomplish the purposes of this section. Amended by 2024 Tenn. Acts, ch. 688,s 142, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 141, eff. 7/1/2024. Acts 1988, ch. 986, § 2.
(a) The commissioner shall establish within the department an office to assist older Tennesseans in understanding, evaluating, and comparing insurance products available to them. The projects, programs, and services of the office shall be coordinated with those of the commission on aging and disability created by § 52-8-102 . The office shall devote particular attention to addressing questions involving medicare supplement insurance policies.
(b) Subject to the limits of any appropriation by the general assembly, the commissioner may, through the office established under subsection (a): (1) Employ or contract for the services of a consultant approved by the department of disability and aging; (2) Train the consultant to meet with and appear before senior citizens groups to disseminate and gather information on insurance products of interest to them; (3) Develop a computer system capable of comparing features and rates of various insurance policies; (4) Reimburse volunteers for travel expenses incurred in connection with the performance of duties assigned by the office; and (5) Undertake any other activities that are reasonably necessary to accomplish the purposes of this section.
(1) Employ or contract for the services of a consultant approved by the department of disability and aging;
(2) Train the consultant to meet with and appear before senior citizens groups to disseminate and gather information on insurance products of interest to them;
(3) Develop a computer system capable of comparing features and rates of various insurance policies;
(4) Reimburse volunteers for travel expenses incurred in connection with the performance of duties assigned by the office; and
(5) Undertake any other activities that are reasonably necessary to accomplish the purposes of this section.
Amended by 2024 Tenn. Acts, ch. 688,s 142, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 141, eff. 7/1/2024.
Acts 1988, ch. 986, § 2.
Tenn. Code Ann. § 56-30-115 — TN Code / Title 56 / Chapter 30 / Section 56-30-115
Purchase of liability insurance authorized
Status: in_force

A dental service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any dentist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any dentist in the course of rendering dental services to beneficiaries. Acts 1961, ch. 340, § 14; T.C.A., §56-3515; Acts 2012 , ch. 798, § 24.
A dental service plan corporation is authorized to purchase a contract of insurance protecting the corporation or any officer or employee of the corporation, or any dentist from liability for injuries resulting from negligence, misfeasance, malfeasance, nonfeasance or health care liability on the part of any officer or employee of the corporation, or on the part of any dentist in the course of rendering dental services to beneficiaries.
Acts 1961, ch. 340, § 14; T.C.A., §56-3515; Acts 2012 , ch. 798, § 24.
Tenn. Code Ann. § 56-7-1104 — TN Code / Title 56 / Chapter 7 / Section 56-7-1104
Requiring whereabouts of insured
Status: in_force

(a) Upon a sheriff's return of "not to be found" within the particular county, or upon the secretary of state being unable to complete process upon the defendant or defendants, the plaintiff may serve demand notice upon the liability insurance carrier to reveal the location and whereabouts of the defendant automobile owner or operator. (b) If the carrier is not a domestic company, the demand notice shall be through the commissioner. The demand notice shall be by certified mail with a return receipt requested and shall include a certified copy of the sheriff's return. (c) The liability insurance carrier shall, upon notice, reveal to the plaintiff or the plaintiff's attorney any information it possesses as to the location of the defendant automobile operator or owner. Acts 1976, ch. 612, § 2; T.C.A., § 56-1174.
(a) Upon a sheriff's return of "not to be found" within the particular county, or upon the secretary of state being unable to complete process upon the defendant or defendants, the plaintiff may serve demand notice upon the liability insurance carrier to reveal the location and whereabouts of the defendant automobile owner or operator.
(b) If the carrier is not a domestic company, the demand notice shall be through the commissioner. The demand notice shall be by certified mail with a return receipt requested and shall include a certified copy of the sheriff's return.
(c) The liability insurance carrier shall, upon notice, reveal to the plaintiff or the plaintiff's attorney any information it possesses as to the location of the defendant automobile operator or owner.
Acts 1976, ch. 612, § 2; T.C.A., § 56-1174.
Tenn. Code Ann. § 56-7-2703 — TN Code / Title 56 / Chapter 7 / Section 56-7-2703
Discrimination on grounds of genetic services prohibited
Status: in_force

A health insurance provider may not deny or cancel health insurance coverage, or vary the premiums, terms, or conditions for health insurance coverage, for an individual or a family member of an individual on the basis that the individual or family member of an individual has requested or received genetic services. Amended by 2023 Tenn. Acts, ch. 246, s 4, eff. 7/1/2023. Acts 1997 , ch. 121, § 2.
A health insurance provider may not deny or cancel health insurance coverage, or vary the premiums, terms, or conditions for health insurance coverage, for an individual or a family member of an individual on the basis that the individual or family member of an individual has requested or received genetic services.
Amended by 2023 Tenn. Acts, ch. 246, s 4, eff. 7/1/2023.
Acts 1997 , ch. 121, § 2.
Tenn. Code Ann. § 56-7-3605 — TN Code / Title 56 / Chapter 7 / Section 56-7-3605
Policy details and requirements
Status: in_force

A policy of insurance issued under this part must set forth the details and requirements with respect to each reason an employee is entitled to take family leave under the policy. Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
A policy of insurance issued under this part must set forth the details and requirements with respect to each reason an employee is entitled to take family leave under the policy.
Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 56-3-404 — TN Code / Title 56 / Chapter 3 / Section 56-3-404
Acquisition of stock
Status: in_force

(a) Notwithstanding any of the provisions or limitations of this section or of any other section of this code, a domestic insurance company may, at the time of original issue or at any other time, with the approval of the commissioner, acquire and hold: (1) More than fifty percent (50%) of the shares of outstanding voting stock of any other solvent insurance company, domestic or foreign; (2) More than fifty percent (50%) of the shares of outstanding voting stock of any domestic or foreign business corporation other than an insurance company, which corporation was formed or acquired for, and necessary and incidental to, the convenient operation of its insurance business, the administration of any of its lawful investments or the lawful business of any affiliated company; provided, that the stock or shares in any real estate company and the real property owned by the company shall be subject to §§ 56-3-405 and 56-3-406 , and the amount invested in the stock or shares shall be included with the aggregate of all the insurance company's holdings and investments for the purposes of § 56-3-405(6) ; or (3) Stock of an insurance company formed under the laws of a foreign country, but the aggregate amount of the holdings shall not exceed five percent (5%) of the admitted assets of the insurance company. (b) The total holdings of a domestic insurance company of shares of voting stock authorized to be acquired and held under this section, together with the investments made under the authority of § 56-3-402(3) and (4) , shall not at any time exceed the amount by which the capital and surplus of the company exceed the minimum capital and surplus required for the kind of insurance it is authorized to transact in this state; provided, that for purposes of determining the holdings of the stock pursuant to this section, the value of the stock shall be computed at cost or at market value on the December 31 preceding, whichever is lower and that, if there is no market on that date, then at cost or book value on that date, whichever is lower. Acts 1979, ch. 305, § 4; T.C.A., § 56-364.
(a) Notwithstanding any of the provisions or limitations of this section or of any other section of this code, a domestic insurance company may, at the time of original issue or at any other time, with the approval of the commissioner, acquire and hold: (1) More than fifty percent (50%) of the shares of outstanding voting stock of any other solvent insurance company, domestic or foreign; (2) More than fifty percent (50%) of the shares of outstanding voting stock of any domestic or foreign business corporation other than an insurance company, which corporation was formed or acquired for, and necessary and incidental to, the convenient operation of its insurance business, the administration of any of its lawful investments or the lawful business of any affiliated company; provided, that the stock or shares in any real estate company and the real property owned by the company shall be subject to §§ 56-3-405 and 56-3-406 , and the amount invested in the stock or shares shall be included with the aggregate of all the insurance company's holdings and investments for the purposes of § 56-3-405(6) ; or (3) Stock of an insurance company formed under the laws of a foreign country, but the aggregate amount of the holdings shall not exceed five percent (5%) of the admitted assets of the insurance company.
(1) More than fifty percent (50%) of the shares of outstanding voting stock of any other solvent insurance company, domestic or foreign;
(2) More than fifty percent (50%) of the shares of outstanding voting stock of any domestic or foreign business corporation other than an insurance company, which corporation was formed or acquired for, and necessary and incidental to, the convenient operation of its insurance business, the administration of any of its lawful investments or the lawful business of any affiliated company; provided, that the stock or shares in any real estate company and the real property owned by the company shall be subject to §§ 56-3-405 and 56-3-406 , and the amount invested in the stock or shares shall be included with the aggregate of all the insurance company's holdings and investments for the purposes of § 56-3-405(6) ; or
(3) Stock of an insurance company formed under the laws of a foreign country, but the aggregate amount of the holdings shall not exceed five percent (5%) of the admitted assets of the insurance company.
(b) The total holdings of a domestic insurance company of shares of voting stock authorized to be acquired and held under this section, together with the investments made under the authority of § 56-3-402(3) and (4) , shall not at any time exceed the amount by which the capital and surplus of the company exceed the minimum capital and surplus required for the kind of insurance it is authorized to transact in this state; provided, that for purposes of determining the holdings of the stock pursuant to this section, the value of the stock shall be computed at cost or at market value on the December 31 preceding, whichever is lower and that, if there is no market on that date, then at cost or book value on that date, whichever is lower.
Acts 1979, ch. 305, § 4; T.C.A., § 56-364.
Tenn. Code Ann. § 56-50-115 — TN Code / Title 56 / Chapter 50 / Section 56-50-115
Injunctions - Civil remedies - Cease and desist
Status: in_force

(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any regulation implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation. (b) Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction. (c) A violation of this chapter attendant to the execution of a viatical settlement purchase agreement renders the viatical settlement purchase agreement voidable and subject to rescission by the viatical settlement purchaser, upon return of the policy received to the viatical settlement provider. Suit for rescission may be brought in a court of competent jurisdiction or where the alleged violator resides or has a principal place of business or where the alleged violation occurred. (d) The commissioner may issue, in accordance with § 56-2-305 , a cease and desist order upon a person that violates this chapter, any regulation or order adopted by the commissioner or any written agreement entered into with the commissioner. (e) When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety (90) days. If the commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (f) In addition to the penalties and other enforcement provisions of this chapter, any person that violates this chapter is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. Imposition of civil penalties shall be pursuant to an order of the commissioner issued under the Uniform Administrative Procedures Act. The commissioner's order may require a person found to be in violation of this chapter to make restitution to persons aggrieved by violations of this chapter. (g) (1) It is an offense to commit a fraudulent viatical settlement act. A violation of this subdivision (g)(1) is an offense graded as provided in § 39-14-105 , based upon the greater of: (A) The value of property, services or other benefit wrongfully obtained or attempted to be obtained; or (B) The aggregate economic loss suffered by any person as a result of the violation. (2) A person who commits an offense as provided in subdivision (g)(1) shall be ordered to pay restitution to persons aggrieved by such act in addition to any other punishment provided for such offense. (h) Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator. Acts 2009, ch. 604, § 16.
(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any regulation implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation.
(b) Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.
(c) A violation of this chapter attendant to the execution of a viatical settlement purchase agreement renders the viatical settlement purchase agreement voidable and subject to rescission by the viatical settlement purchaser, upon return of the policy received to the viatical settlement provider. Suit for rescission may be brought in a court of competent jurisdiction or where the alleged violator resides or has a principal place of business or where the alleged violation occurred.
(d) The commissioner may issue, in accordance with § 56-2-305 , a cease and desist order upon a person that violates this chapter, any regulation or order adopted by the commissioner or any written agreement entered into with the commissioner.
(e) When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety (90) days. If the commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(f) In addition to the penalties and other enforcement provisions of this chapter, any person that violates this chapter is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. Imposition of civil penalties shall be pursuant to an order of the commissioner issued under the Uniform Administrative Procedures Act. The commissioner's order may require a person found to be in violation of this chapter to make restitution to persons aggrieved by violations of this chapter.
(g) (1) It is an offense to commit a fraudulent viatical settlement act. A violation of this subdivision (g)(1) is an offense graded as provided in § 39-14-105 , based upon the greater of: (A) The value of property, services or other benefit wrongfully obtained or attempted to be obtained; or (B) The aggregate economic loss suffered by any person as a result of the violation. (2) A person who commits an offense as provided in subdivision (g)(1) shall be ordered to pay restitution to persons aggrieved by such act in addition to any other punishment provided for such offense.
(1) It is an offense to commit a fraudulent viatical settlement act. A violation of this subdivision (g)(1) is an offense graded as provided in § 39-14-105 , based upon the greater of: (A) The value of property, services or other benefit wrongfully obtained or attempted to be obtained; or (B) The aggregate economic loss suffered by any person as a result of the violation.
(A) The value of property, services or other benefit wrongfully obtained or attempted to be obtained; or
(B) The aggregate economic loss suffered by any person as a result of the violation.
(2) A person who commits an offense as provided in subdivision (g)(1) shall be ordered to pay restitution to persons aggrieved by such act in addition to any other punishment provided for such offense.
(h) Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator.
Acts 2009, ch. 604, § 16.
Tenn. Code Ann. § 56-2-604 — TN Code / Title 56 / Chapter 2 / Section 56-2-604
Personal service on agent or representative - Copy of process to defendant - Filing with clerk
Status: in_force

Service of process in the action, suit or proceeding shall, in addition to the manner provided in § 56-2-603 , be valid if: (1) Served upon any person within the state who, in this state on behalf of the insurer is soliciting insurance, is making, issuing or delivering any contract of insurance, or collecting or receiving any premium, membership fee, assessment or other consideration for insurance; (2) A copy of the process is sent within ten (10) days thereafter by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant; and (3) The defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear, or within a further time that the court allows. Acts 1955, ch. 2, § 2; T.C.A., §§ 56-330, 56-249.
Service of process in the action, suit or proceeding shall, in addition to the manner provided in § 56-2-603 , be valid if:
(1) Served upon any person within the state who, in this state on behalf of the insurer is soliciting insurance, is making, issuing or delivering any contract of insurance, or collecting or receiving any premium, membership fee, assessment or other consideration for insurance;
(2) A copy of the process is sent within ten (10) days thereafter by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant; and
(3) The defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear, or within a further time that the court allows.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-330, 56-249.
Tenn. Code Ann. § 56-47-108 — TN Code / Title 56 / Chapter 47 / Section 56-47-108
Recovery for economic injuries
Status: in_force

(a) (1) Any person economically injured by reason of a violation of § 56-47-104 may recover for the economic injury from the person violating § 56-47-104 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-104 directly resulting from the violation; and (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs. (2) An action maintained under this subsection (a) may neither be certified as a class action nor be made part of a class action. (b) (1) Any person economically injured by reason of a violation of § 56-47-103 may recover for the economic injury from the person violating § 56-47-103 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-103 directly resulting from the violation; (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs; (iii) All other economic damages directly resulting from the violation of § 56-47-103 ; (iv) Reasonable investigative fees based on a reasonable estimate of the time and expense incurred in the investigation of the violation or violations of § 56-47-103 proved at trial; and (v) A penalty of no less than one thousand dollars ($1,000) and no greater than ten thousand dollars ($10,000). (2) An action maintained under this subsection (b) may neither be certified as a class action nor be made part of a class action. (c) Any person injured in the course of employment or in such person's business or property by a person violating § 56-47-103 , upon a showing of clear and convincing evidence that the violation was part of a pattern or practice of such violations, shall be entitled to recover threefold the injured person's economic damages. An action for treble damages must be brought within one (1) year of the last to occur of the violations. One third (1/3) of the treble damages awarded shall be payable to the state to be used solely for the purpose of investigation and prosecution of violations of this chapter or other fraudulent behavior relating to insurance transactions, and/or for public education relating to workers' compensation insurance fraud. An action maintained under this subsection (c) may neither be certified as a class action nor be made part of a class action, unless the violations of § 56-47-103 giving rise to the action resulted in criminal conviction of the violator or violators under § 56-47-105 . (d) (1) The attorney general and reporter has the authority to maintain civil proceedings on behalf of the department of commerce and insurance and any victims of violations of § 56-47-103 . In any such action, the court shall proceed as soon as practicable to the hearing and determination of the proceedings. Pending final determination of the proceedings, the court may at any time enter restraining orders or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. (2) The court has the jurisdiction to prevent and restrain violations of § 56-47-103 by issuing appropriate orders. (3) In any action commenced under this subsection (d), the court, upon finding that any person has violated § 56-47-103 , shall levy a fine of up to five thousand dollars ($5,000) for each violation. (e) Any court in which a prosecution for violation of § 56-47-103 is pending shall have authority to stay or limit proceedings in any civil action regarding the same or related conduct. Any court in which is pending a civil action brought pursuant to subsection (d) may stay or limit proceedings in actions brought pursuant to subsections (a)-(c) regarding the same or related conduct, or may transfer the actions or consolidate them before itself or allow the plaintiffs in such actions to participate in the action brought pursuant to subsection (d), as it shall prescribe. (f) Any civil cause of action under this section for violation of § 56-47-103 or § 56-47-104 must be brought within one (1) year of the commission of the last occurring of the acts constituting the violation, or within one (1) year of the time the plaintiff discovered, or with reasonable diligence could have discovered, the acts, whichever is later. (g) Any person economically injured by reason of a violation of § 56-47-103 or § 56-47-104 may recover under only one (1) of the subsections in this section. Acts 1996, ch. 944, § 48.
(a) (1) Any person economically injured by reason of a violation of § 56-47-104 may recover for the economic injury from the person violating § 56-47-104 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-104 directly resulting from the violation; and (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs. (2) An action maintained under this subsection (a) may neither be certified as a class action nor be made part of a class action.
(1) Any person economically injured by reason of a violation of § 56-47-104 may recover for the economic injury from the person violating § 56-47-104 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-104 directly resulting from the violation; and (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs.
(i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-104 directly resulting from the violation; and
(ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs.
(2) An action maintained under this subsection (a) may neither be certified as a class action nor be made part of a class action.
(b) (1) Any person economically injured by reason of a violation of § 56-47-103 may recover for the economic injury from the person violating § 56-47-103 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-103 directly resulting from the violation; (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs; (iii) All other economic damages directly resulting from the violation of § 56-47-103 ; (iv) Reasonable investigative fees based on a reasonable estimate of the time and expense incurred in the investigation of the violation or violations of § 56-47-103 proved at trial; and (v) A penalty of no less than one thousand dollars ($1,000) and no greater than ten thousand dollars ($10,000). (2) An action maintained under this subsection (b) may neither be certified as a class action nor be made part of a class action.
(1) Any person economically injured by reason of a violation of § 56-47-103 may recover for the economic injury from the person violating § 56-47-103 , in any appropriate court, the following: (i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-103 directly resulting from the violation; (ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs; (iii) All other economic damages directly resulting from the violation of § 56-47-103 ; (iv) Reasonable investigative fees based on a reasonable estimate of the time and expense incurred in the investigation of the violation or violations of § 56-47-103 proved at trial; and (v) A penalty of no less than one thousand dollars ($1,000) and no greater than ten thousand dollars ($10,000).
(i) Return of any profit, benefit, compensation or payment received by the person violating § 56-47-103 directly resulting from the violation;
(ii) Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs;
(iii) All other economic damages directly resulting from the violation of § 56-47-103 ;
(iv) Reasonable investigative fees based on a reasonable estimate of the time and expense incurred in the investigation of the violation or violations of § 56-47-103 proved at trial; and
(v) A penalty of no less than one thousand dollars ($1,000) and no greater than ten thousand dollars ($10,000).
(2) An action maintained under this subsection (b) may neither be certified as a class action nor be made part of a class action.
(c) Any person injured in the course of employment or in such person's business or property by a person violating § 56-47-103 , upon a showing of clear and convincing evidence that the violation was part of a pattern or practice of such violations, shall be entitled to recover threefold the injured person's economic damages. An action for treble damages must be brought within one (1) year of the last to occur of the violations. One third (1/3) of the treble damages awarded shall be payable to the state to be used solely for the purpose of investigation and prosecution of violations of this chapter or other fraudulent behavior relating to insurance transactions, and/or for public education relating to workers' compensation insurance fraud. An action maintained under this subsection (c) may neither be certified as a class action nor be made part of a class action, unless the violations of § 56-47-103 giving rise to the action resulted in criminal conviction of the violator or violators under § 56-47-105 .
(d) (1) The attorney general and reporter has the authority to maintain civil proceedings on behalf of the department of commerce and insurance and any victims of violations of § 56-47-103 . In any such action, the court shall proceed as soon as practicable to the hearing and determination of the proceedings. Pending final determination of the proceedings, the court may at any time enter restraining orders or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper. (2) The court has the jurisdiction to prevent and restrain violations of § 56-47-103 by issuing appropriate orders. (3) In any action commenced under this subsection (d), the court, upon finding that any person has violated § 56-47-103 , shall levy a fine of up to five thousand dollars ($5,000) for each violation.
(1) The attorney general and reporter has the authority to maintain civil proceedings on behalf of the department of commerce and insurance and any victims of violations of § 56-47-103 . In any such action, the court shall proceed as soon as practicable to the hearing and determination of the proceedings. Pending final determination of the proceedings, the court may at any time enter restraining orders or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.
(2) The court has the jurisdiction to prevent and restrain violations of § 56-47-103 by issuing appropriate orders.
(3) In any action commenced under this subsection (d), the court, upon finding that any person has violated § 56-47-103 , shall levy a fine of up to five thousand dollars ($5,000) for each violation.
(e) Any court in which a prosecution for violation of § 56-47-103 is pending shall have authority to stay or limit proceedings in any civil action regarding the same or related conduct. Any court in which is pending a civil action brought pursuant to subsection (d) may stay or limit proceedings in actions brought pursuant to subsections (a)-(c) regarding the same or related conduct, or may transfer the actions or consolidate them before itself or allow the plaintiffs in such actions to participate in the action brought pursuant to subsection (d), as it shall prescribe.
(f) Any civil cause of action under this section for violation of § 56-47-103 or § 56-47-104 must be brought within one (1) year of the commission of the last occurring of the acts constituting the violation, or within one (1) year of the time the plaintiff discovered, or with reasonable diligence could have discovered, the acts, whichever is later.
(g) Any person economically injured by reason of a violation of § 56-47-103 or § 56-47-104 may recover under only one (1) of the subsections in this section.
Acts 1996, ch. 944, § 48.
Tenn. Code Ann. § 56-7-3604 — TN Code / Title 56 / Chapter 7 / Section 56-7-3604
Policy requirements - Regulatory authority
Status: in_force

(a) Family leave insurance may be written as: (1) An amendment or rider to a group disability income policy or life insurance policy, included in a group disability income policy or life insurance policy; or (2) A separate group insurance policy purchased by an employer. (b) Notwithstanding this title to the contrary, an insurer licensed in this state to sell life insurance or disability income insurance may issue a policy of family leave insurance in accordance with rules adopted by the commissioner. (c) The commissioner may promulgate rules to carry out this part and authorize the sale of family leave insurance in this state. The rules must be adopted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
(a) Family leave insurance may be written as: (1) An amendment or rider to a group disability income policy or life insurance policy, included in a group disability income policy or life insurance policy; or (2) A separate group insurance policy purchased by an employer.
(1) An amendment or rider to a group disability income policy or life insurance policy, included in a group disability income policy or life insurance policy; or
(2) A separate group insurance policy purchased by an employer.
(b) Notwithstanding this title to the contrary, an insurer licensed in this state to sell life insurance or disability income insurance may issue a policy of family leave insurance in accordance with rules adopted by the commissioner.
(c) The commissioner may promulgate rules to carry out this part and authorize the sale of family leave insurance in this state. The rules must be adopted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 56-13-303 — TN Code / Title 56 / Chapter 13 / Section 56-13-303
Security for payment of liabilities
Status: in_force

(a) No branch captive insurance company shall be issued a license by the commissioner unless it possesses and maintains, as security for the payment of liabilities attributable to the branch operations: (1) An amount equal to the amount set forth in § 56-13-105 as the minimum capital requirement for a pure captive insurance company; and (2) Reserves on such insurance policies or such reinsurance contracts as may be issued or assumed by the branch captive insurance company through its branch operations, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses, and unearned premiums with regard to business written through the branch operations; provided, however, that, the commissioner may permit a branch captive insurance company to credit against any such reserve requirement any security for loss reserves that the branch captive insurance company may post with a ceding insurer or that may be posted by a reinsurer with the branch captive insurance company, and in either case if such security remains posted. (b) Subject to the prior approval of the commissioner, the amounts required in subsection (a) may be held in the form of: (1) A trust formed under a trust agreement and funded by assets acceptable to the commissioner; (2) An irrevocable letter of credit issued or confirmed by a bank approved by the commissioner; (3) With respect to the amounts required in subdivision (a)(1) only, cash on deposit with the commissioner; or (4) Any combination of subdivisions (b)(1)-(3). Acts 2011, ch. 468, § 1.
(a) No branch captive insurance company shall be issued a license by the commissioner unless it possesses and maintains, as security for the payment of liabilities attributable to the branch operations: (1) An amount equal to the amount set forth in § 56-13-105 as the minimum capital requirement for a pure captive insurance company; and (2) Reserves on such insurance policies or such reinsurance contracts as may be issued or assumed by the branch captive insurance company through its branch operations, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses, and unearned premiums with regard to business written through the branch operations; provided, however, that, the commissioner may permit a branch captive insurance company to credit against any such reserve requirement any security for loss reserves that the branch captive insurance company may post with a ceding insurer or that may be posted by a reinsurer with the branch captive insurance company, and in either case if such security remains posted.
(1) An amount equal to the amount set forth in § 56-13-105 as the minimum capital requirement for a pure captive insurance company; and
(2) Reserves on such insurance policies or such reinsurance contracts as may be issued or assumed by the branch captive insurance company through its branch operations, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses, and unearned premiums with regard to business written through the branch operations; provided, however, that, the commissioner may permit a branch captive insurance company to credit against any such reserve requirement any security for loss reserves that the branch captive insurance company may post with a ceding insurer or that may be posted by a reinsurer with the branch captive insurance company, and in either case if such security remains posted.
(b) Subject to the prior approval of the commissioner, the amounts required in subsection (a) may be held in the form of: (1) A trust formed under a trust agreement and funded by assets acceptable to the commissioner; (2) An irrevocable letter of credit issued or confirmed by a bank approved by the commissioner; (3) With respect to the amounts required in subdivision (a)(1) only, cash on deposit with the commissioner; or (4) Any combination of subdivisions (b)(1)-(3).
(1) A trust formed under a trust agreement and funded by assets acceptable to the commissioner;
(2) An irrevocable letter of credit issued or confirmed by a bank approved by the commissioner;
(3) With respect to the amounts required in subdivision (a)(1) only, cash on deposit with the commissioner; or
(4) Any combination of subdivisions (b)(1)-(3).
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-7-306 — TN Code / Title 56 / Chapter 7 / Section 56-7-306
Revocation of license for violation of Section 56-7-305 or Section 56-7-2310
Status: in_force

The license of any insurance company doing business in this state may be revoked by the commissioner for violating § 56-7-305 or § 56-7-2310 . Acts 1905, ch. 392, § 3; Shan., § 3348a17; Code 1932, § 6188; T.C.A. (orig. ed.), § 56-1117.
The license of any insurance company doing business in this state may be revoked by the commissioner for violating § 56-7-305 or § 56-7-2310 .
Acts 1905, ch. 392, § 3; Shan., § 3348a17; Code 1932, § 6188; T.C.A. (orig. ed.), § 56-1117.
Tenn. Code Ann. § 56-7-2301 — TN Code / Title 56 / Chapter 7 / Section 56-7-2301
Health insurance - Newly born children - Coverage - Notification
Status: in_force

(a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation that provide coverage for a child of the insured or subscriber shall, as to the child's coverage, also provide that the health insurance benefits applicable to children, if any, shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. (b) The coverage for newly born children shall, in addition to coverage for infants placed in the well-child care unit, consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities. The coverage of newly born infants and pregnant women shall also include coverage for testing as provided in § 68-5-401(a)(2) . (c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fee must be furnished to the insurer or nonprofit service or indemnity corporation within thirty-one (31) days after the date of birth in order to have the coverage continue beyond the thirty-one-day period. (d) The requirements of this section apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state more than one hundred twenty (120) days after July 1, 1974, and to those policies and subscriber contracts that are substantially amended after July 1, 1980. (e) If and only if a person or the person's spouse is pregnant at the time health insurance coverage is purchased, then at the time of the purchase this section may be contractually waived with respect to health insurance coverage for an unborn child and/or the right of the person to purchase health insurance coverage for the unborn child. Acts 1974, ch. 422, § 1; 1976, ch. 493, § 1; T.C.A., § 56-1165; Acts 1980, ch. 525, § 1; 1982, ch. 710, §§ 1-3; 1992, ch. 984, § 1; T.C.A. § 56-7-1001(a)-(d) ; Acts 1995, ch. 334, § 1; 1997, ch. 312, § 2.
(a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation that provide coverage for a child of the insured or subscriber shall, as to the child's coverage, also provide that the health insurance benefits applicable to children, if any, shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth.
(b) The coverage for newly born children shall, in addition to coverage for infants placed in the well-child care unit, consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities. The coverage of newly born infants and pregnant women shall also include coverage for testing as provided in § 68-5-401(a)(2) .
(c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child and payment of the required premium or fee must be furnished to the insurer or nonprofit service or indemnity corporation within thirty-one (31) days after the date of birth in order to have the coverage continue beyond the thirty-one-day period.
(d) The requirements of this section apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state more than one hundred twenty (120) days after July 1, 1974, and to those policies and subscriber contracts that are substantially amended after July 1, 1980.
(e) If and only if a person or the person's spouse is pregnant at the time health insurance coverage is purchased, then at the time of the purchase this section may be contractually waived with respect to health insurance coverage for an unborn child and/or the right of the person to purchase health insurance coverage for the unborn child.
Acts 1974, ch. 422, § 1; 1976, ch. 493, § 1; T.C.A., § 56-1165; Acts 1980, ch. 525, § 1; 1982, ch. 710, §§ 1-3; 1992, ch. 984, § 1; T.C.A. § 56-7-1001(a)-(d) ; Acts 1995, ch. 334, § 1; 1997, ch. 312, § 2.