Tenn. Code Ann. § 56-6-1104 — TN Code / Title 56 / Chapter 6 / Section 56-6-1104
Employees not subject to licensure under certain conditions
Status: in_force

(a) Notwithstanding any law to the contrary, the employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this part; provided, that: (1) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to § 56-6-1102 ; (2) The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the vendors. The training required by this subdivision (a)(2) shall comply with the following: (A) The training shall be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance; (B) The training may be provided in electronic form. If the training is conducted in an electronic form the supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the supervising entity; and (C) Each employee and authorized representative shall receive basic instruction concerning the portable electronics insurance offered to customers and the disclosures required under § 56-6-1103 ; (3) No employee or authorized representative of a vendor of portable electronics shall advertise, represent, or otherwise hold himself or herself out as a non limited lines licensed insurance producer; and (4) No employee or authorized representative of a vendor shall be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage; provided, however, that the employee or authorized representative may receive compensation for activities under the limited lines license which is incidental to his or her overall compensation. (b) (1) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase or lease of the portable electronics or related services. (2) Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account; provided, that the vendor is authorized by the insurer to hold such funds in a nonsegregated account and remits such amounts to the supervising entity within sixty (60) days of receipt. (3) All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. (4) Vendors may receive compensation for billing and collection services. Acts 2011, ch. 312, § 5.
(a) Notwithstanding any law to the contrary, the employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this part; provided, that: (1) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to § 56-6-1102 ; (2) The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the vendors. The training required by this subdivision (a)(2) shall comply with the following: (A) The training shall be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance; (B) The training may be provided in electronic form. If the training is conducted in an electronic form the supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the supervising entity; and (C) Each employee and authorized representative shall receive basic instruction concerning the portable electronics insurance offered to customers and the disclosures required under § 56-6-1103 ; (3) No employee or authorized representative of a vendor of portable electronics shall advertise, represent, or otherwise hold himself or herself out as a non limited lines licensed insurance producer; and (4) No employee or authorized representative of a vendor shall be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage; provided, however, that the employee or authorized representative may receive compensation for activities under the limited lines license which is incidental to his or her overall compensation.
(1) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to § 56-6-1102 ;
(2) The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the vendors. The training required by this subdivision (a)(2) shall comply with the following: (A) The training shall be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance; (B) The training may be provided in electronic form. If the training is conducted in an electronic form the supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the supervising entity; and (C) Each employee and authorized representative shall receive basic instruction concerning the portable electronics insurance offered to customers and the disclosures required under § 56-6-1103 ;
(A) The training shall be delivered to employees and authorized representatives of a vendor who are directly engaged in the activity of selling or offering portable electronics insurance;
(B) The training may be provided in electronic form. If the training is conducted in an electronic form the supervising entity shall implement a supplemental education program regarding portable electronics insurance that is conducted and overseen by licensed employees of the supervising entity; and
(C) Each employee and authorized representative shall receive basic instruction concerning the portable electronics insurance offered to customers and the disclosures required under § 56-6-1103 ;
(3) No employee or authorized representative of a vendor of portable electronics shall advertise, represent, or otherwise hold himself or herself out as a non limited lines licensed insurance producer; and
(4) No employee or authorized representative of a vendor shall be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage; provided, however, that the employee or authorized representative may receive compensation for activities under the limited lines license which is incidental to his or her overall compensation.
(b) (1) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase or lease of the portable electronics or related services. (2) Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account; provided, that the vendor is authorized by the insurer to hold such funds in a nonsegregated account and remits such amounts to the supervising entity within sixty (60) days of receipt. (3) All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. (4) Vendors may receive compensation for billing and collection services.
(1) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the coverage is included with the purchase or lease of the portable electronics or related services.
(2) Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account; provided, that the vendor is authorized by the insurer to hold such funds in a nonsegregated account and remits such amounts to the supervising entity within sixty (60) days of receipt.
(3) All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.
(4) Vendors may receive compensation for billing and collection services.
Acts 2011, ch. 312, § 5.
Tenn. Code Ann. § 56-7-3403 — TN Code / Title 56 / Chapter 7 / Section 56-7-3403
Part definitions
Status: in_force

As used in this part: (1) "Account owner" means the owner of a retained asset account who is a resident of this state; (2) "Annuity" means any active annuity contract issued in this state other than an annuity used to fund an employment-based retirement plan or program where the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants or that is used to fund a pre-need funeral contract as defined in § 62-5-403 ; (3) "Asymmetric conduct" means an insurer's use of the DMF prior to July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under its policies might be deceased; (4) "Beneficiary" means an individual or other entity entitled to benefits under a policy or annuity; (5) "Death master file" or "DMF" means the death master file from the United States social security administration or any other database or service that an insurer may determine is substantially as inclusive as the death master file for determining that a person has reportedly died; (6) "Death master file match" or "DMF match" means a search of a DMF that results in a match of a person's social security number or name and date of birth; (7) "Insurer" means any insurance company authorized to transact life insurance business in this state; (8) "Person" means the policy insured, annuity owner, annuitant, or account owner, as applicable under the policy, annuity, or retained asset account subject to this part; (9) "Policy" means any policy or certificate of life insurance issued in this state, but does not include any policy or certificate of life insurance that provides a death benefit under: (A) An employee benefit plan subject to the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.; (B) Any federal employee benefit program; (C) Government plans or church plans as defined in the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.; (D) A policy or certificate of life insurance that is used to fund a pre-need funeral contract as defined in § 62-5-403 ; or (E) A policy or certificate of credit life or accident and health insurance; (10) "Record keeping services" means those circumstances under which the insurer has agreed with a group life insurance policyholder to be responsible for obtaining, maintaining, and administering in its own systems information about each individual insured under the policyholder's group life insurance contract at least the following information: (A) Individual insured's social security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status. Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
As used in this part:
(1) "Account owner" means the owner of a retained asset account who is a resident of this state;
(2) "Annuity" means any active annuity contract issued in this state other than an annuity used to fund an employment-based retirement plan or program where the insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants or that is used to fund a pre-need funeral contract as defined in § 62-5-403 ;
(3) "Asymmetric conduct" means an insurer's use of the DMF prior to July 1, 2015, in connection with searching for information regarding whether annuitants under the insurer's annuities might be deceased, but not in connection with whether the insureds under its policies might be deceased;
(4) "Beneficiary" means an individual or other entity entitled to benefits under a policy or annuity;
(5) "Death master file" or "DMF" means the death master file from the United States social security administration or any other database or service that an insurer may determine is substantially as inclusive as the death master file for determining that a person has reportedly died;
(6) "Death master file match" or "DMF match" means a search of a DMF that results in a match of a person's social security number or name and date of birth;
(7) "Insurer" means any insurance company authorized to transact life insurance business in this state;
(8) "Person" means the policy insured, annuity owner, annuitant, or account owner, as applicable under the policy, annuity, or retained asset account subject to this part;
(9) "Policy" means any policy or certificate of life insurance issued in this state, but does not include any policy or certificate of life insurance that provides a death benefit under: (A) An employee benefit plan subject to the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.; (B) Any federal employee benefit program; (C) Government plans or church plans as defined in the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.; (D) A policy or certificate of life insurance that is used to fund a pre-need funeral contract as defined in § 62-5-403 ; or (E) A policy or certificate of credit life or accident and health insurance;
(A) An employee benefit plan subject to the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.;
(B) Any federal employee benefit program;
(C) Government plans or church plans as defined in the Employee Retirement Income Security Act of 1974, as periodically amended, compiled at 29 U.S.C. § 1002 et seq.;
(D) A policy or certificate of life insurance that is used to fund a pre-need funeral contract as defined in § 62-5-403 ; or
(E) A policy or certificate of credit life or accident and health insurance;
(10) "Record keeping services" means those circumstances under which the insurer has agreed with a group life insurance policyholder to be responsible for obtaining, maintaining, and administering in its own systems information about each individual insured under the policyholder's group life insurance contract at least the following information: (A) Individual insured's social security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status.
(A) Individual insured's social security number or name and date of birth;
(B) Beneficiary designation information;
(C) Coverage eligibility;
(D) Benefit amount; and
(E) Premium payment status.
Added by 2014 Tenn. Acts, ch. 974,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 56-11-117 — TN Code / Title 56 / Chapter 11 / Section 56-11-117
Foreign insurers or health maintenance organizations
Status: in_force

(a) Solely for purposes of this part, a foreign insurer or foreign health maintenance organization that participates in the TennCare program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program is deemed to be a domestic insurer, and shall comply with any provisions of this part that apply to domestic insurers. (b) The confidentiality provisions of § 56-11-108 shall apply to all foreign insurers and foreign health maintenance organizations subject to this part pursuant to this section to the same and full extent as they apply to domestic insurers. (c) The commissioner shall have the authority to waive any portion of this part for such a foreign insurer or foreign health maintenance organization subject to this part pursuant to this section upon a determination that the foreign insurer or foreign health maintenance organization is subject to holding company requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in this part. The decision whether to exercise any authority under this subsection (c) is in the sole discretion of the commissioner. (d) A foreign insurer or foreign health maintenance organization deemed to be a domestic insurer under this section shall be considered a domestic insurer for the purposes of this part and shall not be considered a domestic insurer for any other purposes under this chapter, unless otherwise expressly stated. Acts 2014, ch. 583, § 25.
(a) Solely for purposes of this part, a foreign insurer or foreign health maintenance organization that participates in the TennCare program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program is deemed to be a domestic insurer, and shall comply with any provisions of this part that apply to domestic insurers.
(b) The confidentiality provisions of § 56-11-108 shall apply to all foreign insurers and foreign health maintenance organizations subject to this part pursuant to this section to the same and full extent as they apply to domestic insurers.
(c) The commissioner shall have the authority to waive any portion of this part for such a foreign insurer or foreign health maintenance organization subject to this part pursuant to this section upon a determination that the foreign insurer or foreign health maintenance organization is subject to holding company requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in this part. The decision whether to exercise any authority under this subsection (c) is in the sole discretion of the commissioner.
(d) A foreign insurer or foreign health maintenance organization deemed to be a domestic insurer under this section shall be considered a domestic insurer for the purposes of this part and shall not be considered a domestic insurer for any other purposes under this chapter, unless otherwise expressly stated.
Acts 2014, ch. 583, § 25.
Tenn. Code Ann. § 56-7-2303 — TN Code / Title 56 / Chapter 7 / Section 56-7-2303
Forfeiture and lapse restrictions
Status: in_force

(a) No insurance company doing business in this state shall declare any life insurance policy or any noncancellable or guaranteed renewable accident and health insurance policy owned by a resident of this state forfeited or lapsed within six (6) months after default in payment of any premium, installment or interest, unless a written or printed notice stating the amount of the premium, installment or interest due on the policy, the place where it shall be paid and the name and address of the person or company to which it is payable, has been duly addressed and mailed with the required postage affixed, to the policy owner at the policy owner's last known post office address as shown by the records of the insurance company, on or before the day the premium, installment or interest is due and payable, before the beginning of the period of grace. The notice shall also state that unless the premium or other sums are paid to the company or its agent, the policy will lapse or be forfeited, except as to nonforfeiture options that may be provided for by any life insurance policy. "Policy owner," as used in this section, means the owner of the policy, or other person designated as the person to receive premium notices, all as shown by the records of the insurance company. (b) The affidavit of any responsible officer, clerk or agent of the insurance company authorized to mail the notice that it is the standard practice of the company to duly address and mail to policyowners the notice required by this section shall be prima facie evidence that the notice has been duly given. (c) No action shall be maintained to recover under a lapsed or forfeited policy on the ground that the insurance company failed to comply with this section, unless instituted within two (2) years from the due date upon which default was made in paying the premium, installment or interest for which it is claimed that lapse or forfeiture ensued. (d) This section does not apply to group or group-type policies, to industrial life or accident and health policies, to any policies upon which premiums are payable monthly or at more frequent intervals, or to policies for which premiums are billed to and payable through an employer. Acts 1976, ch. 417, § 7; T.C.A., § 56-1176; Acts 1992, ch. 984, § 1; T.C.A. § 56-7-113 .
(a) No insurance company doing business in this state shall declare any life insurance policy or any noncancellable or guaranteed renewable accident and health insurance policy owned by a resident of this state forfeited or lapsed within six (6) months after default in payment of any premium, installment or interest, unless a written or printed notice stating the amount of the premium, installment or interest due on the policy, the place where it shall be paid and the name and address of the person or company to which it is payable, has been duly addressed and mailed with the required postage affixed, to the policy owner at the policy owner's last known post office address as shown by the records of the insurance company, on or before the day the premium, installment or interest is due and payable, before the beginning of the period of grace. The notice shall also state that unless the premium or other sums are paid to the company or its agent, the policy will lapse or be forfeited, except as to nonforfeiture options that may be provided for by any life insurance policy. "Policy owner," as used in this section, means the owner of the policy, or other person designated as the person to receive premium notices, all as shown by the records of the insurance company.
(b) The affidavit of any responsible officer, clerk or agent of the insurance company authorized to mail the notice that it is the standard practice of the company to duly address and mail to policyowners the notice required by this section shall be prima facie evidence that the notice has been duly given.
(c) No action shall be maintained to recover under a lapsed or forfeited policy on the ground that the insurance company failed to comply with this section, unless instituted within two (2) years from the due date upon which default was made in paying the premium, installment or interest for which it is claimed that lapse or forfeiture ensued.
(d) This section does not apply to group or group-type policies, to industrial life or accident and health policies, to any policies upon which premiums are payable monthly or at more frequent intervals, or to policies for which premiums are billed to and payable through an employer.
Acts 1976, ch. 417, § 7; T.C.A., § 56-1176; Acts 1992, ch. 984, § 1; T.C.A. § 56-7-113 .
Tenn. Code Ann. § 56-30-103 — TN Code / Title 56 / Chapter 30 / Section 56-30-103
Nonprofit dental service corporation - Creation
Status: in_force

Five (5) or more dentists duly licensed to practice under the laws of this state, who give advance written notice by registered or certified mail to the Tennessee Dental Association of their intent to organize a nonprofit dental service corporation, may associate themselves by written articles of association for the incorporation of a nonprofit dental service corporation. The board of each nonprofit dental service corporation must at all times include dentists who maintain an active license to practice under the laws of this state. The laws of this state relative to insurance companies or to the business of insurance, and acts in amendment of the laws or in addition to the laws, do not apply to any nonprofit dental service corporation unless expressly so provided in the laws or acts. Acts 1961, ch. 340, § 3; T.C.A., § 56-3503; Acts 1989, ch. 152, § 2; 2005, ch. 182, § 1.
Five (5) or more dentists duly licensed to practice under the laws of this state, who give advance written notice by registered or certified mail to the Tennessee Dental Association of their intent to organize a nonprofit dental service corporation, may associate themselves by written articles of association for the incorporation of a nonprofit dental service corporation. The board of each nonprofit dental service corporation must at all times include dentists who maintain an active license to practice under the laws of this state. The laws of this state relative to insurance companies or to the business of insurance, and acts in amendment of the laws or in addition to the laws, do not apply to any nonprofit dental service corporation unless expressly so provided in the laws or acts.
Acts 1961, ch. 340, § 3; T.C.A., § 56-3503; Acts 1989, ch. 152, § 2; 2005, ch. 182, § 1.
Tenn. Code Ann. § 56-7-2408 — TN Code / Title 56 / Chapter 7 / Section 56-7-2408
Reimbursement for services by nurse in advanced practice
Status: in_force

(a) Whenever any contract, plan, or policy of insurance issued in this state provides for reimbursement of any service that is within the lawful scope of practice of a nurse in advanced practice, the insured or other person entitled to benefits under the contract, plan, or policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician or a duly licensed nurse in advanced practice. As used in this section, "nurse in advanced practice" means a registered nurse who is duly licensed by the state board of nursing and who is also a nationally certified nurse practitioner, a nationally certified registered nurse anesthetist, or a nationally certified clinical specialist. (b) Reimbursements shall be made in a timely manner. (c) The provisions of this section relating to the services of a nurse in advanced practice apply to all contracts, plans, or policies issued or renewed on or after July 1, 1996. Acts 1996, ch. 627, § 1.
(a) Whenever any contract, plan, or policy of insurance issued in this state provides for reimbursement of any service that is within the lawful scope of practice of a nurse in advanced practice, the insured or other person entitled to benefits under the contract, plan, or policy shall be entitled to reimbursement for the services, whether the services are performed by a duly licensed physician or a duly licensed nurse in advanced practice. As used in this section, "nurse in advanced practice" means a registered nurse who is duly licensed by the state board of nursing and who is also a nationally certified nurse practitioner, a nationally certified registered nurse anesthetist, or a nationally certified clinical specialist.
(b) Reimbursements shall be made in a timely manner.
(c) The provisions of this section relating to the services of a nurse in advanced practice apply to all contracts, plans, or policies issued or renewed on or after July 1, 1996.
Acts 1996, ch. 627, § 1.
Tenn. Code Ann. § 56-32-122 — TN Code / Title 56 / Chapter 32 / Section 56-32-122
Acquisition of control of or merger of an HMO
Status: in_force

No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of an HMO or enter into any other agreement if, after the consummation of the agreement, that person would, directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of the HMO, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of an HMO, unless, at the time any offer, request or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the HMO, information required by § 56-11-103(b)(1)-(5) and (13) , and the offer, request, invitation, agreement or acquisition has been approved by the commissioner. Approval by the commissioner shall be governed by § 56-11-103(d)(1) and (2) . Acts 1986, ch. 713, § 22; 1993, ch. 253, § 15; 2000, ch. 708, § 3a; T.C.A. § 56-32-222.
No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of an HMO or enter into any other agreement if, after the consummation of the agreement, that person would, directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of the HMO, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of an HMO, unless, at the time any offer, request or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the HMO, information required by § 56-11-103(b)(1)-(5) and (13) , and the offer, request, invitation, agreement or acquisition has been approved by the commissioner. Approval by the commissioner shall be governed by § 56-11-103(d)(1) and (2) .
Acts 1986, ch. 713, § 22; 1993, ch. 253, § 15; 2000, ch. 708, § 3a; T.C.A. § 56-32-222.
Tenn. Code Ann. § 56-30-110 — TN Code / Title 56 / Chapter 30 / Section 56-30-110
Contracts approved by commissioner
Status: in_force

No corporation subject to this chapter may issue contracts until the commissioner has formally authorized the contracts to be issued. Acts 1961, ch. 340, § 10; T.C.A., § 56-3510.
No corporation subject to this chapter may issue contracts until the commissioner has formally authorized the contracts to be issued.
Acts 1961, ch. 340, § 10; T.C.A., § 56-3510.
Tenn. Code Ann. § 56-9-336 — TN Code / Title 56 / Chapter 9 / Section 56-9-336
Records of insurer
Status: in_force

Whenever it appears to the commissioner that the records of any insurer in process of liquidation, or completely liquidated, are no longer useful, the commissioner may recommend to the court, and the court shall direct, what records should be retained for future reference and what should be destroyed. Acts 1991, ch. 142, § 4.
Whenever it appears to the commissioner that the records of any insurer in process of liquidation, or completely liquidated, are no longer useful, the commissioner may recommend to the court, and the court shall direct, what records should be retained for future reference and what should be destroyed.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-13-107 — TN Code / Title 56 / Chapter 13 / Section 56-13-107
Organization of captive insurance company
Status: in_force

(a) A pure captive insurance company or agency captive insurance company may be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a nonprofit corporation with one (1) or more members, or as a limited liability company. (b) An association captive insurance company, an industrial insured captive insurance company, or a risk retention group may be: (1) Incorporated as a stock insurer with its capital divided into shares and held by the stockholders; (2) Incorporated as a mutual corporation; (3) Organized as a reciprocal insurer in accordance with chapter 16 of this title; or (4) Organized as a limited liability company. (c) A captive insurance company incorporated or organized in this state must have not less than one (1) incorporator or one (1) organizer. (d) The capital stock of a captive insurance company incorporated as a stock insurer may be authorized with no par value. (e) In the case of a captive insurance company formed as a: (1) Corporation, at least one (1) of the members of the board of directors shall be a resident of this state; (2) Reciprocal insurer, at least one (1) of the members of the subscribers' advisory committee shall be a resident of this state; and (3) Limited liability company, at least one (1) of the members or managers shall be a resident of this state. (f) Captive insurance companies formed as corporations, limited liability companies or as nonprofit corporations under this chapter shall have the privileges provided in and be subject to title 48 and this chapter, as applicable; provided, that this chapter shall control in the event of a conflict. Captive insurance companies formed as partnerships under this chapter shall have the privileges provided in and be subject to title 61 and this chapter, as applicable; provided, that this chapter shall control in the event of a conflict. (g) Mergers, consolidations, conversions, mutualizations, acquisitions, redomestications, or other similar transactions of captive insurance companies shall be subject to the same provisions of this title applicable to traditional insurance companies, except that: (1) The commissioner may, upon request of an insurer party to a merger authorized under this subsection (g), waive such applicable requirements; (2) The commissioner may waive or modify the requirements for public notice and hearing in accordance with rules which the commissioner may adopt addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing ten (10) days before the day set for the hearing, then the commissioner may cancel the hearing; and (3) An alien insurer may be a party to a merger authorized under this subsection (g); provided, that the requirements for a merger between a captive insurance company and a foreign insurer under this title shall apply to a merger between a captive insurance company and an alien insurer under this subsection (g). For the purposes of this subdivision (g)(3), an alien insurer shall be treated as a foreign insurer under this title and the jurisdiction of the alien shall be the equivalent of a state. (h) Captive insurance companies formed as reciprocal insurers under this chapter shall have the privileges provided in and be subject to chapter 16 of this title in addition to this chapter; provided, that this chapter shall control in the event of a conflict. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to chapter 16, such provisions shall not be applicable to a reciprocal insurer formed under this chapter unless such provisions are expressly made applicable to captive insurance companies under this chapter. (i) The articles of incorporation or bylaws of a captive insurance company formed as a corporation may authorize a quorum of its board of directors to consist of no fewer than one-third (1/3) of the fixed or prescribed number of directors. (j) The subscribers' agreement or other organizing document of a captive insurance company formed as a reciprocal insurer may authorize a quorum of its subscribers' advisory committee to consist of no fewer than one-third (1/3) of the number of its members. (k) With the commissioner's approval, a captive insurance company organized as a stock insurer may convert to a nonprofit corporation with one (1) or more members by filing with the secretary of state an election for such conversion; provided, that: (1) The election shall certify that, at the time of the company's original organization and at all times thereafter, the company has conducted its business in a manner not inconsistent with a nonprofit purpose as permitted by title 48, chapter 53; and (2) At the time of the filing of its election, the company shall file with both the commissioner and the secretary of state amended and restated articles of incorporation consistent with this chapter and with title 48, duly authorized by the corporation. (l) Title 48, chapter 61 shall not apply to a captive insurance company that is a nonprofit corporation in the case of any merger in which a captive insurance company merges with and into a captive insurance company organized as a nonprofit corporation under title 48 where the latter is the surviving corporation. (m) In the case of a captive insurance company formed as a limited liability company, a reciprocal insurance company or mutual insurance company, any proxy executed by the members, subscribers, and policyholders of each shall be valid if executed and transmitted in compliance with title 48. Amended by 2024 Tenn. Acts, ch. 643,s 7, eff. 4/4/2024. Amended by 2024 Tenn. Acts, ch. 643,s 6, eff. 4/4/2024. Amended by 2015 Tenn. Acts, ch. 156, Secs.s 5, s 6 eff. 4/17/2015. Acts 2011 , ch. 468, § 1.
(a) A pure captive insurance company or agency captive insurance company may be incorporated as a stock insurer with its capital divided into shares and held by the stockholders, as a nonprofit corporation with one (1) or more members, or as a limited liability company.
(b) An association captive insurance company, an industrial insured captive insurance company, or a risk retention group may be: (1) Incorporated as a stock insurer with its capital divided into shares and held by the stockholders; (2) Incorporated as a mutual corporation; (3) Organized as a reciprocal insurer in accordance with chapter 16 of this title; or (4) Organized as a limited liability company.
(1) Incorporated as a stock insurer with its capital divided into shares and held by the stockholders;
(2) Incorporated as a mutual corporation;
(3) Organized as a reciprocal insurer in accordance with chapter 16 of this title; or
(4) Organized as a limited liability company.
(c) A captive insurance company incorporated or organized in this state must have not less than one (1) incorporator or one (1) organizer.
(d) The capital stock of a captive insurance company incorporated as a stock insurer may be authorized with no par value.
(e) In the case of a captive insurance company formed as a: (1) Corporation, at least one (1) of the members of the board of directors shall be a resident of this state; (2) Reciprocal insurer, at least one (1) of the members of the subscribers' advisory committee shall be a resident of this state; and (3) Limited liability company, at least one (1) of the members or managers shall be a resident of this state.
(1) Corporation, at least one (1) of the members of the board of directors shall be a resident of this state;
(2) Reciprocal insurer, at least one (1) of the members of the subscribers' advisory committee shall be a resident of this state; and
(3) Limited liability company, at least one (1) of the members or managers shall be a resident of this state.
(f) Captive insurance companies formed as corporations, limited liability companies or as nonprofit corporations under this chapter shall have the privileges provided in and be subject to title 48 and this chapter, as applicable; provided, that this chapter shall control in the event of a conflict. Captive insurance companies formed as partnerships under this chapter shall have the privileges provided in and be subject to title 61 and this chapter, as applicable; provided, that this chapter shall control in the event of a conflict.
(g) Mergers, consolidations, conversions, mutualizations, acquisitions, redomestications, or other similar transactions of captive insurance companies shall be subject to the same provisions of this title applicable to traditional insurance companies, except that: (1) The commissioner may, upon request of an insurer party to a merger authorized under this subsection (g), waive such applicable requirements; (2) The commissioner may waive or modify the requirements for public notice and hearing in accordance with rules which the commissioner may adopt addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing ten (10) days before the day set for the hearing, then the commissioner may cancel the hearing; and (3) An alien insurer may be a party to a merger authorized under this subsection (g); provided, that the requirements for a merger between a captive insurance company and a foreign insurer under this title shall apply to a merger between a captive insurance company and an alien insurer under this subsection (g). For the purposes of this subdivision (g)(3), an alien insurer shall be treated as a foreign insurer under this title and the jurisdiction of the alien shall be the equivalent of a state.
(1) The commissioner may, upon request of an insurer party to a merger authorized under this subsection (g), waive such applicable requirements;
(2) The commissioner may waive or modify the requirements for public notice and hearing in accordance with rules which the commissioner may adopt addressing categories of transactions. If a notice of public hearing is required, but no one requests a hearing ten (10) days before the day set for the hearing, then the commissioner may cancel the hearing; and
(3) An alien insurer may be a party to a merger authorized under this subsection (g); provided, that the requirements for a merger between a captive insurance company and a foreign insurer under this title shall apply to a merger between a captive insurance company and an alien insurer under this subsection (g). For the purposes of this subdivision (g)(3), an alien insurer shall be treated as a foreign insurer under this title and the jurisdiction of the alien shall be the equivalent of a state.
(h) Captive insurance companies formed as reciprocal insurers under this chapter shall have the privileges provided in and be subject to chapter 16 of this title in addition to this chapter; provided, that this chapter shall control in the event of a conflict. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to chapter 16, such provisions shall not be applicable to a reciprocal insurer formed under this chapter unless such provisions are expressly made applicable to captive insurance companies under this chapter.
(i) The articles of incorporation or bylaws of a captive insurance company formed as a corporation may authorize a quorum of its board of directors to consist of no fewer than one-third (1/3) of the fixed or prescribed number of directors.
(j) The subscribers' agreement or other organizing document of a captive insurance company formed as a reciprocal insurer may authorize a quorum of its subscribers' advisory committee to consist of no fewer than one-third (1/3) of the number of its members.
(k) With the commissioner's approval, a captive insurance company organized as a stock insurer may convert to a nonprofit corporation with one (1) or more members by filing with the secretary of state an election for such conversion; provided, that: (1) The election shall certify that, at the time of the company's original organization and at all times thereafter, the company has conducted its business in a manner not inconsistent with a nonprofit purpose as permitted by title 48, chapter 53; and (2) At the time of the filing of its election, the company shall file with both the commissioner and the secretary of state amended and restated articles of incorporation consistent with this chapter and with title 48, duly authorized by the corporation.
(1) The election shall certify that, at the time of the company's original organization and at all times thereafter, the company has conducted its business in a manner not inconsistent with a nonprofit purpose as permitted by title 48, chapter 53; and
(2) At the time of the filing of its election, the company shall file with both the commissioner and the secretary of state amended and restated articles of incorporation consistent with this chapter and with title 48, duly authorized by the corporation.
(l) Title 48, chapter 61 shall not apply to a captive insurance company that is a nonprofit corporation in the case of any merger in which a captive insurance company merges with and into a captive insurance company organized as a nonprofit corporation under title 48 where the latter is the surviving corporation.
(m) In the case of a captive insurance company formed as a limited liability company, a reciprocal insurance company or mutual insurance company, any proxy executed by the members, subscribers, and policyholders of each shall be valid if executed and transmitted in compliance with title 48.
Amended by 2024 Tenn. Acts, ch. 643,s 7, eff. 4/4/2024.
Amended by 2024 Tenn. Acts, ch. 643,s 6, eff. 4/4/2024.
Amended by 2015 Tenn. Acts, ch. 156, Secs.s 5, s 6 eff. 4/17/2015.
Acts 2011 , ch. 468, § 1.
Tenn. Code Ann. § 56-3-707 — TN Code / Title 56 / Chapter 3 / Section 56-3-707
Conditions exempting equity securities
Status: in_force

Sections 56-3-702 - 56-3-704 do not apply to equity securities of a domestic stock insurance company if: (1) The securities are registered, or are required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78 l ); or (2) The domestic stock insurance company does not have any class of its equity securities held of record by one hundred (100) or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to §§ 56-3-702 - 56-3-704, except for this subdivision (2). Acts 1965, ch. 95, § 7; T.C.A., §§ 56-256, 56-338.
Sections 56-3-702 - 56-3-704 do not apply to equity securities of a domestic stock insurance company if:
(1) The securities are registered, or are required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78 l ); or
(2) The domestic stock insurance company does not have any class of its equity securities held of record by one hundred (100) or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to §§ 56-3-702 - 56-3-704, except for this subdivision (2).
Acts 1965, ch. 95, § 7; T.C.A., §§ 56-256, 56-338.
Tenn. Code Ann. § 56-2-704 — TN Code / Title 56 / Chapter 2 / Section 56-2-704
Enforcement of foreign decrees
Status: in_force

(a) Filing and Status. (1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of the chancery court of Davidson County. (2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree, shall treat the foreign decree in the same manner as a decree of that court. A foreign decree so filed has the same effect and shall be deemed as a decree of that court, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a decree of that court and may be enforced or satisfied in like manner. (b) Notice of Filing. (1) At the time of the filing of the foreign decree, the attorney general and reporter shall make and file with the clerk of the chancery court of Davidson County an affidavit setting forth the name and last known post office address of the defendant. (2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall make a note of the mailing in the docket. In addition, the attorney general and reporter may mail a notice of the filing of the foreign decree to the defendant and to the commissioner and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general and reporter has been filed. (3) No execution or other process for enforcement of a foreign decree filed under this part shall issue until thirty (30) days after the decree is filed. (c) Stay. (1) If the defendant shows the chancery court of Davidson County that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, that court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered. (2) If the defendant shows the court any ground upon which enforcement of a decree of the court would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree that is required in this state. (d) Fees. Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the chancery court of Davidson County. Acts 1969, ch. 315, § 1; T.C.A., § 56-263.
(a) Filing and Status. (1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of the chancery court of Davidson County. (2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree, shall treat the foreign decree in the same manner as a decree of that court. A foreign decree so filed has the same effect and shall be deemed as a decree of that court, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a decree of that court and may be enforced or satisfied in like manner.
(1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of the chancery court of Davidson County.
(2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree, shall treat the foreign decree in the same manner as a decree of that court. A foreign decree so filed has the same effect and shall be deemed as a decree of that court, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a decree of that court and may be enforced or satisfied in like manner.
(b) Notice of Filing. (1) At the time of the filing of the foreign decree, the attorney general and reporter shall make and file with the clerk of the chancery court of Davidson County an affidavit setting forth the name and last known post office address of the defendant. (2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall make a note of the mailing in the docket. In addition, the attorney general and reporter may mail a notice of the filing of the foreign decree to the defendant and to the commissioner and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general and reporter has been filed. (3) No execution or other process for enforcement of a foreign decree filed under this part shall issue until thirty (30) days after the decree is filed.
(1) At the time of the filing of the foreign decree, the attorney general and reporter shall make and file with the clerk of the chancery court of Davidson County an affidavit setting forth the name and last known post office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall make a note of the mailing in the docket. In addition, the attorney general and reporter may mail a notice of the filing of the foreign decree to the defendant and to the commissioner and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general and reporter has been filed.
(3) No execution or other process for enforcement of a foreign decree filed under this part shall issue until thirty (30) days after the decree is filed.
(c) Stay. (1) If the defendant shows the chancery court of Davidson County that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, that court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered. (2) If the defendant shows the court any ground upon which enforcement of a decree of the court would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree that is required in this state.
(1) If the defendant shows the chancery court of Davidson County that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, that court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.
(2) If the defendant shows the court any ground upon which enforcement of a decree of the court would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree that is required in this state.
(d) Fees. Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the chancery court of Davidson County.
Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the chancery court of Davidson County.
Acts 1969, ch. 315, § 1; T.C.A., § 56-263.
Tenn. Code Ann. § 56-3-104 — TN Code / Title 56 / Chapter 3 / Section 56-3-104
Investments of domestic company in which officers pecuniarily interested not to be allowed as an admitted asset
Status: in_force

No funds of a company invested in violation of § 56-3-103 shall be allowed by the commissioner as an admitted asset of the company. Acts 1917, ch. 124, § 2; Shan., § 3369a149; Code 1932, § 6442; T.C.A. (orig. ed.), §§ 56-222, 56-311.
No funds of a company invested in violation of § 56-3-103 shall be allowed by the commissioner as an admitted asset of the company.
Acts 1917, ch. 124, § 2; Shan., § 3369a149; Code 1932, § 6442; T.C.A. (orig. ed.), §§ 56-222, 56-311.
Tenn. Code Ann. § 56-51-121 — TN Code / Title 56 / Chapter 51 / Section 56-51-121
Construction of contracts
Status: in_force

Every prepaid limited health services contract must be construed according to the entirety of its terms and conditions as set forth in the contract and as amplified, extended, or modified by any application, endorsement, attachment, or addendum. Acts 2000, ch. 948, § 21.
Every prepaid limited health services contract must be construed according to the entirety of its terms and conditions as set forth in the contract and as amplified, extended, or modified by any application, endorsement, attachment, or addendum.
Acts 2000, ch. 948, § 21.
Tenn. Code Ann. § 56-51-123 — TN Code / Title 56 / Chapter 51 / Section 56-51-123
Notice of cancellation of contract
Status: in_force

(a) Except for nonpayment of premium or termination of eligibility, a prepaid limited health service organization may not cancel or otherwise terminate or fail to renew a prepaid limited health services contract without giving the subscriber and the health maintenance organization or state or federal agency with whom it has contracted at least forty-five (45) days' notice in writing of the cancellation, termination, or nonrenewal of the contract. The written notice must state the reason or reasons for the cancellation, termination, or nonrenewal. The only reasons for cancellation at the time other than the renewal period shall be as follows: (1) The subscriber's behavior is disruptive, unruly, abusive, unlawful, fraudulent, or uncooperative to the extent that the subscriber's continuing participation seriously impairs the organization's ability to provide services to other subscribers; (2) Fraud or material misrepresentation in applying for or presenting any claim for benefits under the contract; (3) Misuse of the documents provided as evidence of benefits available pursuant to the contract; or (4) Furnishing to the organization, by the subscriber, incorrect or incomplete information for the purposes of fraudulently obtaining services. (b) Prior to disenrollment, the organization must make an effort to resolve the problem through the grievance procedure and must determine that the subscriber's behavior is not due to use of the services provided or mental illness. All prepaid limited health services contracts must contain a clause that requires that this notice be given. In the case of a prepaid limited health services contract issued to an employer holding the contract on behalf of the subscriber group, the prepaid limited health service organization may make the notification through the employer, and, if the prepaid limited health service organization elects to take this action through the employer, the organization shall be deemed to have complied with this section upon notifying the employer of the requirements of this section and requesting the employer to forward the required notice to all subscribers. Acts 2000, ch. 948, § 23.
(a) Except for nonpayment of premium or termination of eligibility, a prepaid limited health service organization may not cancel or otherwise terminate or fail to renew a prepaid limited health services contract without giving the subscriber and the health maintenance organization or state or federal agency with whom it has contracted at least forty-five (45) days' notice in writing of the cancellation, termination, or nonrenewal of the contract. The written notice must state the reason or reasons for the cancellation, termination, or nonrenewal. The only reasons for cancellation at the time other than the renewal period shall be as follows: (1) The subscriber's behavior is disruptive, unruly, abusive, unlawful, fraudulent, or uncooperative to the extent that the subscriber's continuing participation seriously impairs the organization's ability to provide services to other subscribers; (2) Fraud or material misrepresentation in applying for or presenting any claim for benefits under the contract; (3) Misuse of the documents provided as evidence of benefits available pursuant to the contract; or (4) Furnishing to the organization, by the subscriber, incorrect or incomplete information for the purposes of fraudulently obtaining services.
(1) The subscriber's behavior is disruptive, unruly, abusive, unlawful, fraudulent, or uncooperative to the extent that the subscriber's continuing participation seriously impairs the organization's ability to provide services to other subscribers;
(2) Fraud or material misrepresentation in applying for or presenting any claim for benefits under the contract;
(3) Misuse of the documents provided as evidence of benefits available pursuant to the contract; or
(4) Furnishing to the organization, by the subscriber, incorrect or incomplete information for the purposes of fraudulently obtaining services.
(b) Prior to disenrollment, the organization must make an effort to resolve the problem through the grievance procedure and must determine that the subscriber's behavior is not due to use of the services provided or mental illness. All prepaid limited health services contracts must contain a clause that requires that this notice be given. In the case of a prepaid limited health services contract issued to an employer holding the contract on behalf of the subscriber group, the prepaid limited health service organization may make the notification through the employer, and, if the prepaid limited health service organization elects to take this action through the employer, the organization shall be deemed to have complied with this section upon notifying the employer of the requirements of this section and requesting the employer to forward the required notice to all subscribers.
Acts 2000, ch. 948, § 23.
Tenn. Code Ann. § 56-7-2812 — TN Code / Title 56 / Chapter 7 / Section 56-7-2812
Applicability of individual market requirements to excepted benefits under Section 56-7-2802 (10)
Status: in_force

The individual market requirements of this part shall not apply to any health insurance coverage in relation to its provision of excepted benefits described in § 56-7-2802(10)(A) or to those described in § 56-7-2802(10)(B), (C), or (D) if the benefits are provided under a separate policy, certificate or contract of insurance. A health insurance issuer offering health insurance coverage in connection with group health plans shall not be deemed to be a health insurance issuer offering individual health insurance coverage solely because the issuer offers a conversion policy. Acts 1997 , ch. 157, § 13.
The individual market requirements of this part shall not apply to any health insurance coverage in relation to its provision of excepted benefits described in § 56-7-2802(10)(A) or to those described in § 56-7-2802(10)(B), (C), or (D) if the benefits are provided under a separate policy, certificate or contract of insurance. A health insurance issuer offering health insurance coverage in connection with group health plans shall not be deemed to be a health insurance issuer offering individual health insurance coverage solely because the issuer offers a conversion policy.
Acts 1997 , ch. 157, § 13.
Tenn. Code Ann. § 56-14-110 — TN Code / Title 56 / Chapter 14 / Section 56-14-110
Validity of contracts
Status: in_force

(a) Insurance contracts procured as surplus line insurance coverage from unauthorized companies in accordance with this chapter shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect and extent as like contracts issued by authorized companies. (b) A contract of insurance placed in effect by an unauthorized company in violation of this chapter is unenforceable by the company. The insured shall not be precluded from enforcing the insured's rights in accordance with the terms and provisions of the contract. Acts 1969, ch. 270, § 10; T.C.A., § 56-3810; Acts 2011, ch. 446, § 1.
(a) Insurance contracts procured as surplus line insurance coverage from unauthorized companies in accordance with this chapter shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect and extent as like contracts issued by authorized companies.
(b) A contract of insurance placed in effect by an unauthorized company in violation of this chapter is unenforceable by the company. The insured shall not be precluded from enforcing the insured's rights in accordance with the terms and provisions of the contract.
Acts 1969, ch. 270, § 10; T.C.A., § 56-3810; Acts 2011, ch. 446, § 1.
Tenn. Code Ann. § 56-2-405 — TN Code / Title 56 / Chapter 2 / Section 56-2-405
Admission of companies of other countries - Deposits
Status: in_force

(a) Any foreign company, if incorporated or associated under the laws of any government or state other than the United States, shall not be admitted until, besides complying with the conditions of §§ 56-2-101 - 56-2-103, 56-2-113 - 56-2-115, 56-2-201 and 56-2-301, it has made a deposit with the state treasurer, or with the financial officer of some other state of the United States, a sum of not less than two hundred thousand dollars ($200,000). (b) The deposit must be in exclusive trust for the benefit and security of all the company's policyholders and creditors in the United States, and may be made in bonds of this state or of the United States, or of some state in the United States, or other good securities satisfactory to the commissioner. (c) The deposit shall be in lieu of any other deposit required of life insurance companies incorporated under the laws of any government or state other than the United States. Acts 1895, ch. 160, § 10; 1909, ch. 181, § 1; Shan., § 3293; Code 1932, § 6109; T.C.A. (orig. ed.), §§ 56-310, 56-232; Acts 1989, ch. 36, § 3.
(a) Any foreign company, if incorporated or associated under the laws of any government or state other than the United States, shall not be admitted until, besides complying with the conditions of §§ 56-2-101 - 56-2-103, 56-2-113 - 56-2-115, 56-2-201 and 56-2-301, it has made a deposit with the state treasurer, or with the financial officer of some other state of the United States, a sum of not less than two hundred thousand dollars ($200,000).
(b) The deposit must be in exclusive trust for the benefit and security of all the company's policyholders and creditors in the United States, and may be made in bonds of this state or of the United States, or of some state in the United States, or other good securities satisfactory to the commissioner.
(c) The deposit shall be in lieu of any other deposit required of life insurance companies incorporated under the laws of any government or state other than the United States.
Acts 1895, ch. 160, § 10; 1909, ch. 181, § 1; Shan., § 3293; Code 1932, § 6109; T.C.A. (orig. ed.), §§ 56-310, 56-232; Acts 1989, ch. 36, § 3.
Tenn. Code Ann. § 56-52-101 — TN Code / Title 56 / Chapter 52 / Section 56-52-101
Short title - Construction - Application
Status: in_force

(a) This chapter applies to charitable gift annuities issued by charitable organizations as defined in § 56-52-102 and shall be known and may be cited as the "Tennessee Charitable Gift Annuity Act of 2008." (b) The issuance of a charitable gift annuity by a charitable organization authorized under this chapter does not constitute engaging in the business of insurance in this state except to the extent otherwise provided in this chapter. (c) All annuities, including those issued by charitable organizations, that do not meet the requirements of this chapter shall be subject to regulation as annuities under all applicable chapters of this title, except for private annuities issued by a member of a transferor's immediate family. Acts 2008, ch. 831, §§ 1, 2.
(a) This chapter applies to charitable gift annuities issued by charitable organizations as defined in § 56-52-102 and shall be known and may be cited as the "Tennessee Charitable Gift Annuity Act of 2008."
(b) The issuance of a charitable gift annuity by a charitable organization authorized under this chapter does not constitute engaging in the business of insurance in this state except to the extent otherwise provided in this chapter.
(c) All annuities, including those issued by charitable organizations, that do not meet the requirements of this chapter shall be subject to regulation as annuities under all applicable chapters of this title, except for private annuities issued by a member of a transferor's immediate family.
Acts 2008, ch. 831, §§ 1, 2.
Tenn. Code Ann. § 56-2-409 — TN Code / Title 56 / Chapter 2 / Section 56-2-409
Renewal of license of foreign fire or marine companies - Terms
Status: in_force

Renewal of a license to transact the business of fire, fire marine, or marine insurance in this state, for companies or associations not incorporated under the laws of this state, shall only be issued after the secretary or manager of the company or association desiring to renew the license to do business in this state has first made oath that no policy or contract of insurance covering property located in the state has been issued, written, or placed during the twelve (12) months preceding, except by resident local agents of the company or association in the state, duly commissioned, and until and after the company or association has complied with all other laws of this state in respect to the admission of companies of other states and foreign countries. Acts 1899, ch. 430, § 2; Shan., § 3369a60; Code 1932, § 6342; T.C.A. (orig. ed.), §§ 56-314, 56-236.
Renewal of a license to transact the business of fire, fire marine, or marine insurance in this state, for companies or associations not incorporated under the laws of this state, shall only be issued after the secretary or manager of the company or association desiring to renew the license to do business in this state has first made oath that no policy or contract of insurance covering property located in the state has been issued, written, or placed during the twelve (12) months preceding, except by resident local agents of the company or association in the state, duly commissioned, and until and after the company or association has complied with all other laws of this state in respect to the admission of companies of other states and foreign countries.
Acts 1899, ch. 430, § 2; Shan., § 3369a60; Code 1932, § 6342; T.C.A. (orig. ed.), §§ 56-314, 56-236.
Tenn. Code Ann. § 56-3-103 — TN Code / Title 56 / Chapter 3 / Section 56-3-103
Officers must not be pecuniarily interested in investment or disposition of funds of domestic company
Status: in_force

(a) No director or other officer of any domestic insurance company organized under the laws of this state, and no member of a committee having any authority in the investment or disposition of its funds, shall accept, or be the beneficiary of, either directly or remotely, any fee, brokerage, commission, gift, or other consideration for or on account of any loan, deposit, purchase, sale, payment, or exchange made by or in behalf of the company, or be pecuniarily interested in the purchase, sale, or loan, either as borrower, principal, coprincipal, agent, or beneficiary, except that if a policyholder, the person shall be entitled to all the benefits accruing under the terms of the contract; provided, that this section shall not forbid the collection by attorneys of reasonable fees for the examination of titles and investigations of loans and investments. This section shall not bar a person who is an agent of an insurance company, in the normal course of business, from serving on the board or on a committee of an insurance company because the person receives commissions on insurance sales. (b) This section shall not bar or limit the ability of a director, officer, or committee member of an insurance company from: (1) Holding or owning stock or other ownership interest, if the stock or ownership interest has been disclosed to the insurance company, in a company or entity: (A) The shares of which are publicly traded on a national stock exchange or on an over-the-counter basis; (B) That is regulated by the federal reserve board, the federal deposit insurance corporation, the office of the comptroller of the currency, or the office of thrift supervision; or (C) That does business with the insurance company in the ordinary course of business and on terms no less favorable to the insurance company than are available to ordinary customers of the entity; (2) Receiving dividends or other distributions in the ordinary course of business from the stock or ownership interest; or (3) Serving as a director, officer, committee member, employee or agency of any entity listed in this subsection (b) and receiving fees or other compensation in the ordinary course of business for the service. Acts 1917, ch. 124, § 1; Shan., § 3369a148; Code 1932, § 6441; T.C.A. (orig. ed.), §§ 56-221, 56-310; Acts 1995, ch. 219, § 1; 1995, ch. 221, § 7; 2005, ch. 101, § 1.
(a) No director or other officer of any domestic insurance company organized under the laws of this state, and no member of a committee having any authority in the investment or disposition of its funds, shall accept, or be the beneficiary of, either directly or remotely, any fee, brokerage, commission, gift, or other consideration for or on account of any loan, deposit, purchase, sale, payment, or exchange made by or in behalf of the company, or be pecuniarily interested in the purchase, sale, or loan, either as borrower, principal, coprincipal, agent, or beneficiary, except that if a policyholder, the person shall be entitled to all the benefits accruing under the terms of the contract; provided, that this section shall not forbid the collection by attorneys of reasonable fees for the examination of titles and investigations of loans and investments. This section shall not bar a person who is an agent of an insurance company, in the normal course of business, from serving on the board or on a committee of an insurance company because the person receives commissions on insurance sales.
(b) This section shall not bar or limit the ability of a director, officer, or committee member of an insurance company from: (1) Holding or owning stock or other ownership interest, if the stock or ownership interest has been disclosed to the insurance company, in a company or entity: (A) The shares of which are publicly traded on a national stock exchange or on an over-the-counter basis; (B) That is regulated by the federal reserve board, the federal deposit insurance corporation, the office of the comptroller of the currency, or the office of thrift supervision; or (C) That does business with the insurance company in the ordinary course of business and on terms no less favorable to the insurance company than are available to ordinary customers of the entity; (2) Receiving dividends or other distributions in the ordinary course of business from the stock or ownership interest; or (3) Serving as a director, officer, committee member, employee or agency of any entity listed in this subsection (b) and receiving fees or other compensation in the ordinary course of business for the service.
(1) Holding or owning stock or other ownership interest, if the stock or ownership interest has been disclosed to the insurance company, in a company or entity: (A) The shares of which are publicly traded on a national stock exchange or on an over-the-counter basis; (B) That is regulated by the federal reserve board, the federal deposit insurance corporation, the office of the comptroller of the currency, or the office of thrift supervision; or (C) That does business with the insurance company in the ordinary course of business and on terms no less favorable to the insurance company than are available to ordinary customers of the entity;
(A) The shares of which are publicly traded on a national stock exchange or on an over-the-counter basis;
(B) That is regulated by the federal reserve board, the federal deposit insurance corporation, the office of the comptroller of the currency, or the office of thrift supervision; or
(C) That does business with the insurance company in the ordinary course of business and on terms no less favorable to the insurance company than are available to ordinary customers of the entity;
(2) Receiving dividends or other distributions in the ordinary course of business from the stock or ownership interest; or
(3) Serving as a director, officer, committee member, employee or agency of any entity listed in this subsection (b) and receiving fees or other compensation in the ordinary course of business for the service.
Acts 1917, ch. 124, § 1; Shan., § 3369a148; Code 1932, § 6441; T.C.A. (orig. ed.), §§ 56-221, 56-310; Acts 1995, ch. 219, § 1; 1995, ch. 221, § 7; 2005, ch. 101, § 1.
Tenn. Code Ann. § 56-30-119 — TN Code / Title 56 / Chapter 30 / Section 56-30-119
Fees and taxes
Status: in_force

Every dental service plan corporation or its agents, subject to this chapter, shall be subject to the fees and taxes as prescribed for life and health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of dental service plan corporations. Acts 1961, ch. 340, § 18; T.C.A., § 56-3519.
Every dental service plan corporation or its agents, subject to this chapter, shall be subject to the fees and taxes as prescribed for life and health and accident insurance companies and agents of the companies doing business in this state. It is not the purpose of this chapter to discriminate in favor of dental service plan corporations.
Acts 1961, ch. 340, § 18; T.C.A., § 56-3519.
Tenn. Code Ann. § 56-61-124 — TN Code / Title 56 / Chapter 61 / Section 56-61-124
Funding of external review
Status: in_force

The health carrier against which a request for a standard external review or an expedited external review is filed shall pay the cost of the external review organization for conducting the external review. Acts 2010, ch. 980, § 25.
The health carrier against which a request for a standard external review or an expedited external review is filed shall pay the cost of the external review organization for conducting the external review.
Acts 2010, ch. 980, § 25.
Tenn. Code Ann. § 56-25-703 — TN Code / Title 56 / Chapter 25 / Section 56-25-703
Offenses - Penalties
Status: in_force

(a) (1) It is an offense to intentionally make a false or fraudulent statement in or relating to any application for membership or for the purpose of obtaining money from or a benefit in a society. (2) A violation of subdivision (a)(1) is a Class A misdemeanor. (b) Any person who intentionally makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, commits the offense of perjury and shall be subject to the penalties therefor prescribed by law. (c) (1) It is an offense to solicit membership for, or in any manner assist in procuring membership in, any society not licensed to do business in this state. (2) A violation of subdivision (c)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for this classification. (d) (1) It is an offense to intentionally violate, or to neglect or refuse to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed. (2) A violation of subdivision (d)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for such classification. Acts 1990, ch. 703, § 1.
(a) (1) It is an offense to intentionally make a false or fraudulent statement in or relating to any application for membership or for the purpose of obtaining money from or a benefit in a society. (2) A violation of subdivision (a)(1) is a Class A misdemeanor.
(1) It is an offense to intentionally make a false or fraudulent statement in or relating to any application for membership or for the purpose of obtaining money from or a benefit in a society.
(2) A violation of subdivision (a)(1) is a Class A misdemeanor.
(b) Any person who intentionally makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, commits the offense of perjury and shall be subject to the penalties therefor prescribed by law.
(c) (1) It is an offense to solicit membership for, or in any manner assist in procuring membership in, any society not licensed to do business in this state. (2) A violation of subdivision (c)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for this classification.
(1) It is an offense to solicit membership for, or in any manner assist in procuring membership in, any society not licensed to do business in this state.
(2) A violation of subdivision (c)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for this classification.
(d) (1) It is an offense to intentionally violate, or to neglect or refuse to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed. (2) A violation of subdivision (d)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for such classification.
(1) It is an offense to intentionally violate, or to neglect or refuse to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed.
(2) A violation of subdivision (d)(1) is a Class B misdemeanor, punished only by the fine authorized in § 40-35-111 for such classification.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-40-105 — TN Code / Title 56 / Chapter 40 / Section 56-40-105
Rules and regulations
Status: in_force

The department shall promulgate necessary and appropriate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the effect and intent of this chapter. Acts 1987, ch. 365, § 5.
The department shall promulgate necessary and appropriate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the effect and intent of this chapter.
Acts 1987, ch. 365, § 5.
Tenn. Code Ann. § 56-11-118 — TN Code / Title 56 / Chapter 11 / Section 56-11-118
Construction with other laws
Status: in_force

To the extent that this part conflicts with or is inconsistent with any laws in this title, this part shall control. Acts 2014, ch. 583, § 25.
To the extent that this part conflicts with or is inconsistent with any laws in this title, this part shall control.
Acts 2014, ch. 583, § 25.
Tenn. Code Ann. § 56-26-101 — TN Code / Title 56 / Chapter 26 / Section 56-26-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires, "accident and sickness insurance" includes any policy or contract covering insurance against loss resulting from sickness or from bodily injury or death by accident, or both. The various types of such policies are defined in the following subdivisions: (1) (A) "Blanket accident and sickness insurance" means that form of accident and sickness insurance covering special groups of persons as enumerated in one (1) of the following divisions: (i) Under a policy issued to any common carrier, which shall be deemed the policyholder covering a group defined as all persons who may become passengers on the common carrier; (ii) Under a policy issued to an employer, who shall be deemed the policyholder, covering any group of employees defined by reference to exceptional hazards incident to the employment; (iii) Under a policy issued to a college, school or other institution of learning, or to the head or principal thereof, which or who shall be deemed the policyholder, covering students or teachers; (iv) Under a policy issued in the name of any volunteer fire department or first aid or other similar volunteer group, which shall be deemed the policyholder, covering all of the members of the department or group; or (v) Under a policy issued to any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a blanket accident and sickness policy. (B) An individual application is not required from a person covered under a blanket accident and sickness policy, nor is it necessary for the insurer to furnish each person a certificate; (2) "Cancellable" or "renewable at option of company" refers to and may be used only in policies under which the company reserves the right to cancel or nonrenew the policy of any individual insured either on any date on which a premium becomes due, or on the policy anniversary, or at any other date subject to refund of any unearned premium; (3) "Commissioner" means the commissioner of commerce and insurance; (4) "Franchise accident and sickness insurance" means that form of accident and sickness insurance issued to either of the following: (A) Three (3) or more employees of any corporation, copartnership or individual employer or any governmental corporation, agency or department thereof; or (B) Ten (10) or more members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two (2) years where the association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance; where the employees or members, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by the employees or members, under an arrangement whereby the premiums on the policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association or union for its members, or by some designated person acting on behalf of the employer, association or union; and (5) "Individual market" has the same meaning given in § 2791(e)(1)(A) of the Public Health Service Act ( 42 U.S.C. § 300gg-91 ); (6) (A) "Noncancellable" or "noncancellable and guaranteed renewable" or synonymous terms such as "guaranteed continuable" may be used only in a policy, which the insured has the right to continue in force by the timely payment of premiums set forth in the policy: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force. (B) Except as provided in subdivision (6)(A), "guaranteed renewable" may be used only in a policy that the insured has the right to continue in force by the timely payment of premiums: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes. (C) The limitation in subdivision (6)(A) on use of "noncancellable" also applies to any synonymous term such as "not cancellable," and the limitation in subdivision (6)(B) on use of "guaranteed renewable" applies to any synonymous term such as "guaranteed continuable"; (7) "Small employer" has the same meaning given in § 56-7-2203 . However, for purposes of qualifying to establish a liability pool under § 56-26-204(a) , all employees of all member employers participating in the provision of health insurance coverage must be included in the number of eligible employees; and (8) "Written approval" includes an electronic approval. Amended by 2020 Tenn. Acts, ch. 515, s 2, eff. 7/1/2020. Acts 1955, ch. 4, § 1; 1976, ch. 397, § 1; T.C.A., § 56-3301; Acts 2011 , ch. 344, § 11.
As used in this part, unless the context otherwise requires, "accident and sickness insurance" includes any policy or contract covering insurance against loss resulting from sickness or from bodily injury or death by accident, or both. The various types of such policies are defined in the following subdivisions:
(1) (A) "Blanket accident and sickness insurance" means that form of accident and sickness insurance covering special groups of persons as enumerated in one (1) of the following divisions: (i) Under a policy issued to any common carrier, which shall be deemed the policyholder covering a group defined as all persons who may become passengers on the common carrier; (ii) Under a policy issued to an employer, who shall be deemed the policyholder, covering any group of employees defined by reference to exceptional hazards incident to the employment; (iii) Under a policy issued to a college, school or other institution of learning, or to the head or principal thereof, which or who shall be deemed the policyholder, covering students or teachers; (iv) Under a policy issued in the name of any volunteer fire department or first aid or other similar volunteer group, which shall be deemed the policyholder, covering all of the members of the department or group; or (v) Under a policy issued to any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a blanket accident and sickness policy. (B) An individual application is not required from a person covered under a blanket accident and sickness policy, nor is it necessary for the insurer to furnish each person a certificate;
(A) "Blanket accident and sickness insurance" means that form of accident and sickness insurance covering special groups of persons as enumerated in one (1) of the following divisions: (i) Under a policy issued to any common carrier, which shall be deemed the policyholder covering a group defined as all persons who may become passengers on the common carrier; (ii) Under a policy issued to an employer, who shall be deemed the policyholder, covering any group of employees defined by reference to exceptional hazards incident to the employment; (iii) Under a policy issued to a college, school or other institution of learning, or to the head or principal thereof, which or who shall be deemed the policyholder, covering students or teachers; (iv) Under a policy issued in the name of any volunteer fire department or first aid or other similar volunteer group, which shall be deemed the policyholder, covering all of the members of the department or group; or (v) Under a policy issued to any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a blanket accident and sickness policy.
(i) Under a policy issued to any common carrier, which shall be deemed the policyholder covering a group defined as all persons who may become passengers on the common carrier;
(ii) Under a policy issued to an employer, who shall be deemed the policyholder, covering any group of employees defined by reference to exceptional hazards incident to the employment;
(iii) Under a policy issued to a college, school or other institution of learning, or to the head or principal thereof, which or who shall be deemed the policyholder, covering students or teachers;
(iv) Under a policy issued in the name of any volunteer fire department or first aid or other similar volunteer group, which shall be deemed the policyholder, covering all of the members of the department or group; or
(v) Under a policy issued to any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a blanket accident and sickness policy.
(B) An individual application is not required from a person covered under a blanket accident and sickness policy, nor is it necessary for the insurer to furnish each person a certificate;
(2) "Cancellable" or "renewable at option of company" refers to and may be used only in policies under which the company reserves the right to cancel or nonrenew the policy of any individual insured either on any date on which a premium becomes due, or on the policy anniversary, or at any other date subject to refund of any unearned premium;
(3) "Commissioner" means the commissioner of commerce and insurance;
(4) "Franchise accident and sickness insurance" means that form of accident and sickness insurance issued to either of the following: (A) Three (3) or more employees of any corporation, copartnership or individual employer or any governmental corporation, agency or department thereof; or (B) Ten (10) or more members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two (2) years where the association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance; where the employees or members, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by the employees or members, under an arrangement whereby the premiums on the policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association or union for its members, or by some designated person acting on behalf of the employer, association or union; and
(A) Three (3) or more employees of any corporation, copartnership or individual employer or any governmental corporation, agency or department thereof; or
(B) Ten (10) or more members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two (2) years where the association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance; where the employees or members, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by the employees or members, under an arrangement whereby the premiums on the policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association or union for its members, or by some designated person acting on behalf of the employer, association or union; and
(5) "Individual market" has the same meaning given in § 2791(e)(1)(A) of the Public Health Service Act ( 42 U.S.C. § 300gg-91 );
(6) (A) "Noncancellable" or "noncancellable and guaranteed renewable" or synonymous terms such as "guaranteed continuable" may be used only in a policy, which the insured has the right to continue in force by the timely payment of premiums set forth in the policy: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force. (B) Except as provided in subdivision (6)(A), "guaranteed renewable" may be used only in a policy that the insured has the right to continue in force by the timely payment of premiums: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes. (C) The limitation in subdivision (6)(A) on use of "noncancellable" also applies to any synonymous term such as "not cancellable," and the limitation in subdivision (6)(B) on use of "guaranteed renewable" applies to any synonymous term such as "guaranteed continuable";
(A) "Noncancellable" or "noncancellable and guaranteed renewable" or synonymous terms such as "guaranteed continuable" may be used only in a policy, which the insured has the right to continue in force by the timely payment of premiums set forth in the policy: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force.
(i) Until at least age fifty (50); or
(ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force.
(B) Except as provided in subdivision (6)(A), "guaranteed renewable" may be used only in a policy that the insured has the right to continue in force by the timely payment of premiums: (i) Until at least age fifty (50); or (ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes.
(i) Until at least age fifty (50); or
(ii) In the case of a policy issued after age forty-four (44), for at least five (5) years from its date of issue, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes.
(C) The limitation in subdivision (6)(A) on use of "noncancellable" also applies to any synonymous term such as "not cancellable," and the limitation in subdivision (6)(B) on use of "guaranteed renewable" applies to any synonymous term such as "guaranteed continuable";
(7) "Small employer" has the same meaning given in § 56-7-2203 . However, for purposes of qualifying to establish a liability pool under § 56-26-204(a) , all employees of all member employers participating in the provision of health insurance coverage must be included in the number of eligible employees; and
(8) "Written approval" includes an electronic approval.
Amended by 2020 Tenn. Acts, ch. 515, s 2, eff. 7/1/2020.
Acts 1955, ch. 4, § 1; 1976, ch. 397, § 1; T.C.A., § 56-3301; Acts 2011 , ch. 344, § 11.
Tenn. Code Ann. § 56-2-102 — TN Code / Title 56 / Chapter 2 / Section 56-2-102
Requisites for commencing business - Foreign insurance companies qualifying as domestic corporations - Foreign credit life reinsurance companies
Status: in_force

(a) No domestic insurance company or foreign insurance company shall commence business in this state until it has complied with § 56-2-101 , this section, §§ 56-2-103 , 56-2-104 , 56-2-113 - 56-2-115, 56-2-201, and 56-2-301, and has received from the commissioner a certificate of authority to do business. (b) Any company organized under the laws of any other state or country, and that is admitted to do business in this state for the purpose of writing insurance authorized by this chapter, upon complying with all of the requirements of law relative to the organization of domestic insurance companies and payment of fees by like domestic insurance corporations, and designating its principal place of business at a place in this state, may become a domestic corporation and be entitled to like certificates of its corporate existence and license to transact business in this state, and be subject in all respects to the authority and jurisdiction of this state. (c) A foreign credit life reinsurance company that meets the capital requirements of § 56-2-114(b) and that has at least fifty percent (50%) of its outstanding voting stock owned by persons or entities domiciled in this state, shall be entitled to obtain certificates of its corporate existence and shall be licensed to transact its business in this state, and be subject in all respects to the authority and jurisdiction of this state, if the following conditions are met: (1) Approval by the commissioner of commerce and insurance in its state of domicile to change its state of domicile to this state; (2) Submission to the Tennessee commissioner of commerce and insurance of a certificate of good standing from its state of domicile; (3) Compliance with all of the requirements of law relative to the organization of domestic insurance companies and payment of fees required by domestic insurance companies; and (4) Designation of a place in this state as its principal place of business. Acts 1895, ch. 160, § 9; Shan., § 3292; Code 1932, § 6107; C. Supp. 1950, § 6107; Acts 1951, ch. 212, § 1; mod. T.C.A. (orig. ed.), § 56-301; Acts 1955, ch. 13, § 1; 1978, ch. 511, § 1; T.C.A., § 56-202; Acts 1988, ch. 667, § 2.
(a) No domestic insurance company or foreign insurance company shall commence business in this state until it has complied with § 56-2-101 , this section, §§ 56-2-103 , 56-2-104 , 56-2-113 - 56-2-115, 56-2-201, and 56-2-301, and has received from the commissioner a certificate of authority to do business.
(b) Any company organized under the laws of any other state or country, and that is admitted to do business in this state for the purpose of writing insurance authorized by this chapter, upon complying with all of the requirements of law relative to the organization of domestic insurance companies and payment of fees by like domestic insurance corporations, and designating its principal place of business at a place in this state, may become a domestic corporation and be entitled to like certificates of its corporate existence and license to transact business in this state, and be subject in all respects to the authority and jurisdiction of this state.
(c) A foreign credit life reinsurance company that meets the capital requirements of § 56-2-114(b) and that has at least fifty percent (50%) of its outstanding voting stock owned by persons or entities domiciled in this state, shall be entitled to obtain certificates of its corporate existence and shall be licensed to transact its business in this state, and be subject in all respects to the authority and jurisdiction of this state, if the following conditions are met: (1) Approval by the commissioner of commerce and insurance in its state of domicile to change its state of domicile to this state; (2) Submission to the Tennessee commissioner of commerce and insurance of a certificate of good standing from its state of domicile; (3) Compliance with all of the requirements of law relative to the organization of domestic insurance companies and payment of fees required by domestic insurance companies; and (4) Designation of a place in this state as its principal place of business.
(1) Approval by the commissioner of commerce and insurance in its state of domicile to change its state of domicile to this state;
(2) Submission to the Tennessee commissioner of commerce and insurance of a certificate of good standing from its state of domicile;
(3) Compliance with all of the requirements of law relative to the organization of domestic insurance companies and payment of fees required by domestic insurance companies; and
(4) Designation of a place in this state as its principal place of business.
Acts 1895, ch. 160, § 9; Shan., § 3292; Code 1932, § 6107; C. Supp. 1950, § 6107; Acts 1951, ch. 212, § 1; mod. T.C.A. (orig. ed.), § 56-301; Acts 1955, ch. 13, § 1; 1978, ch. 511, § 1; T.C.A., § 56-202; Acts 1988, ch. 667, § 2.
Tenn. Code Ann. § 56-26-132 — TN Code / Title 56 / Chapter 26 / Section 56-26-132
Health care insurance advice for senior citizens
Status: in_force

The commissioner shall cause to be prepared a booklet, the subject of which shall be health insurance advice for senior citizens. The purpose of this booklet shall be to help senior citizens in deciding whether or not to purchase health insurance to supplement medicare coverage. Acts 1979, ch. 326, § 1; T.C.A., § 56-3334.
The commissioner shall cause to be prepared a booklet, the subject of which shall be health insurance advice for senior citizens. The purpose of this booklet shall be to help senior citizens in deciding whether or not to purchase health insurance to supplement medicare coverage.
Acts 1979, ch. 326, § 1; T.C.A., § 56-3334.
Tenn. Code Ann. § 56-19-106 — TN Code / Title 56 / Chapter 19 / Section 56-19-106
Amendment of articles of incorporation
Status: in_force

The articles may be amended in the manner provided for other corporations or as may be provided in the articles, and any such amendment shall be filed and recorded as in the case of the original articles. Acts 1919, ch. 108, § 4; Shan. Supp., § 3369a58b10; Code 1932, § 6322; T.C.A. (orig. ed.), § 56-1706.
The articles may be amended in the manner provided for other corporations or as may be provided in the articles, and any such amendment shall be filed and recorded as in the case of the original articles.
Acts 1919, ch. 108, § 4; Shan. Supp., § 3369a58b10; Code 1932, § 6322; T.C.A. (orig. ed.), § 56-1706.
Tenn. Code Ann. § 56-46-206 — TN Code / Title 56 / Chapter 46 / Section 56-46-206
Mandatory Control Level Events
Status: in_force

(a) "Mandatory Control Level Event" means any of the following events: (1) The filing of an RBC report which indicates that the health organization's total adjusted capital is less than its Mandatory Control Level RBC; (2) Notification by the commissioner to the health organization of an adjusted RBC report that indicates the event in subdivision (a)(1); provided, that the health organization does not challenge the adjusted RBC report under § 56-46-207 ; or (3) If, pursuant to § 56-46-207 , the health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1), notification by the commissioner to the health organization that the commissioner has, after a hearing, rejected the health organization's challenge. (b) (1) In the event of a Mandatory Control Level Event, the commissioner shall take such actions as are necessary to place the health organization under regulatory control under chapter 9 of this title. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the commissioner to take action under chapter 9 of this title, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in chapter 9 of this title. If the commissioner takes actions pursuant to an adjusted RBC report, the health organization shall be entitled to the protections of chapter 9, part 2 of this title pertaining to summary proceedings. (2) Notwithstanding subdivision (b)(1), the commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety-day period. Acts 2014, ch. 559, § 7.
(a) "Mandatory Control Level Event" means any of the following events: (1) The filing of an RBC report which indicates that the health organization's total adjusted capital is less than its Mandatory Control Level RBC; (2) Notification by the commissioner to the health organization of an adjusted RBC report that indicates the event in subdivision (a)(1); provided, that the health organization does not challenge the adjusted RBC report under § 56-46-207 ; or (3) If, pursuant to § 56-46-207 , the health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1), notification by the commissioner to the health organization that the commissioner has, after a hearing, rejected the health organization's challenge.
(1) The filing of an RBC report which indicates that the health organization's total adjusted capital is less than its Mandatory Control Level RBC;
(2) Notification by the commissioner to the health organization of an adjusted RBC report that indicates the event in subdivision (a)(1); provided, that the health organization does not challenge the adjusted RBC report under § 56-46-207 ; or
(3) If, pursuant to § 56-46-207 , the health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1), notification by the commissioner to the health organization that the commissioner has, after a hearing, rejected the health organization's challenge.
(b) (1) In the event of a Mandatory Control Level Event, the commissioner shall take such actions as are necessary to place the health organization under regulatory control under chapter 9 of this title. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the commissioner to take action under chapter 9 of this title, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in chapter 9 of this title. If the commissioner takes actions pursuant to an adjusted RBC report, the health organization shall be entitled to the protections of chapter 9, part 2 of this title pertaining to summary proceedings. (2) Notwithstanding subdivision (b)(1), the commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety-day period.
(1) In the event of a Mandatory Control Level Event, the commissioner shall take such actions as are necessary to place the health organization under regulatory control under chapter 9 of this title. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the commissioner to take action under chapter 9 of this title, and the commissioner shall have the rights, powers and duties with respect to the health organization as are set forth in chapter 9 of this title. If the commissioner takes actions pursuant to an adjusted RBC report, the health organization shall be entitled to the protections of chapter 9, part 2 of this title pertaining to summary proceedings.
(2) Notwithstanding subdivision (b)(1), the commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety-day period.
Acts 2014, ch. 559, § 7.
Tenn. Code Ann. § 56-37-113 — TN Code / Title 56 / Chapter 37 / Section 56-37-113
Penalties
Status: in_force

Any premium finance company that willfully and knowingly violates the provisions of any section of this chapter commits a Class C misdemeanor. Acts 1980, ch. 920, § 13; 1989, ch. 591, § 113.
Any premium finance company that willfully and knowingly violates the provisions of any section of this chapter commits a Class C misdemeanor.
Acts 1980, ch. 920, § 13; 1989, ch. 591, § 113.
Tenn. Code Ann. § 56-43-105 — TN Code / Title 56 / Chapter 43 / Section 56-43-105
Certificate of authority - Issuance - Duration
Status: in_force

(a) Upon receipt of an application for a certificate of authority, the commissioner shall issue a certificate pursuant to this chapter upon payment of the application fee prescribed in § 56-43-115 , if the commissioner is satisfied that the following conditions are met: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and of good reputation; (2) The applicant demonstrates the willingness and ability to assure that the promised benefits can be provided. In making this determination, the commissioner shall consider so far as applicable: (A) The adequacy of capital and surplus considered in relation to the other items in this subsection (a); (B) Any agreement with lawyers for the provision of legal services; (C) The financial soundness of the applicant's arrangements for legal services and the schedule of rates proposed to be used in connection with the arrangements; (D) Any agreement with another person authorized under this chapter, an insurer licensed under the general insurance law to do business in this state to provide reinsurance, or an agency of the federal or state government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations; (E) Any surety bond or deposit of cash or securities as a guarantee that the obligations will be duly performed; and (F) If the applicant is licensed as an insurer under other insurance laws, whether the applicant has complied with the requirements of those laws. (b) A certificate of authority shall be perpetual and shall continue in force unless there are grounds for suspension or revocation. Acts 1989, ch. 423, § 4.
(a) Upon receipt of an application for a certificate of authority, the commissioner shall issue a certificate pursuant to this chapter upon payment of the application fee prescribed in § 56-43-115 , if the commissioner is satisfied that the following conditions are met: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and of good reputation; (2) The applicant demonstrates the willingness and ability to assure that the promised benefits can be provided. In making this determination, the commissioner shall consider so far as applicable: (A) The adequacy of capital and surplus considered in relation to the other items in this subsection (a); (B) Any agreement with lawyers for the provision of legal services; (C) The financial soundness of the applicant's arrangements for legal services and the schedule of rates proposed to be used in connection with the arrangements; (D) Any agreement with another person authorized under this chapter, an insurer licensed under the general insurance law to do business in this state to provide reinsurance, or an agency of the federal or state government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations; (E) Any surety bond or deposit of cash or securities as a guarantee that the obligations will be duly performed; and (F) If the applicant is licensed as an insurer under other insurance laws, whether the applicant has complied with the requirements of those laws.
(1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and of good reputation;
(2) The applicant demonstrates the willingness and ability to assure that the promised benefits can be provided. In making this determination, the commissioner shall consider so far as applicable: (A) The adequacy of capital and surplus considered in relation to the other items in this subsection (a); (B) Any agreement with lawyers for the provision of legal services; (C) The financial soundness of the applicant's arrangements for legal services and the schedule of rates proposed to be used in connection with the arrangements; (D) Any agreement with another person authorized under this chapter, an insurer licensed under the general insurance law to do business in this state to provide reinsurance, or an agency of the federal or state government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations; (E) Any surety bond or deposit of cash or securities as a guarantee that the obligations will be duly performed; and (F) If the applicant is licensed as an insurer under other insurance laws, whether the applicant has complied with the requirements of those laws.
(A) The adequacy of capital and surplus considered in relation to the other items in this subsection (a);
(B) Any agreement with lawyers for the provision of legal services;
(C) The financial soundness of the applicant's arrangements for legal services and the schedule of rates proposed to be used in connection with the arrangements;
(D) Any agreement with another person authorized under this chapter, an insurer licensed under the general insurance law to do business in this state to provide reinsurance, or an agency of the federal or state government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations;
(E) Any surety bond or deposit of cash or securities as a guarantee that the obligations will be duly performed; and
(F) If the applicant is licensed as an insurer under other insurance laws, whether the applicant has complied with the requirements of those laws.
(b) A certificate of authority shall be perpetual and shall continue in force unless there are grounds for suspension or revocation.
Acts 1989, ch. 423, § 4.
Tenn. Code Ann. § 56-3-508 — TN Code / Title 56 / Chapter 3 / Section 56-3-508
Regulation of agreements - Rulemaking power - Licensing
Status: in_force

The commissioner has the sole authority to regulate the issuance and sale of such agreements and to issue reasonable rules and regulations necessary to carry out the purposes and provisions of this part, including licensing the qualifications of the agents or salespersons. Acts 1967, ch. 353, § 8; T.C.A., §§ 56-265, 56-319.
The commissioner has the sole authority to regulate the issuance and sale of such agreements and to issue reasonable rules and regulations necessary to carry out the purposes and provisions of this part, including licensing the qualifications of the agents or salespersons.
Acts 1967, ch. 353, § 8; T.C.A., §§ 56-265, 56-319.
Tenn. Code Ann. § 56-7-1403 — TN Code / Title 56 / Chapter 7 / Section 56-7-1403
Applicability
Status: in_force

(a) The requirements of this part apply to policies delivered or issued for delivery in the state on or after January 1, 1989. (b) This part is not intended to supersede the obligations of entities subject to this part, to comply with the substance of other applicable insurance laws, insofar as they do not conflict with this part. Acts 1988, ch. 989, § 2.
(a) The requirements of this part apply to policies delivered or issued for delivery in the state on or after January 1, 1989.
(b) This part is not intended to supersede the obligations of entities subject to this part, to comply with the substance of other applicable insurance laws, insofar as they do not conflict with this part.
Acts 1988, ch. 989, § 2.
Tenn. Code Ann. § 56-27-108 — TN Code / Title 56 / Chapter 27 / Section 56-27-108
Right to become participating physician - Method of diagnosis and treatment unrestricted - Private physician-patient relationship
Status: in_force

(a) Every doctor of medicine licensed to practice in this state under title 63, chapter 6, and who is reputable and in good standing, has the right to become a participating physician in the medical service plan corporation operating in the county in which the doctor resides or practices, for general or special medical care, as the case may be, under the terms and conditions that are imposed on other participating physicians under similar circumstances, or as prescribed in this chapter and approved by the commissioner. A medical service plan corporation shall impose no restrictions on the doctors of medicine who treat its subscribers as to methods of diagnosis or treatment. The private physician-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any doctor of medicine who is a participating physician in the corporation and who agrees to accept a particular beneficiary as a patient. (b) It is the purpose of this section to make it clear that the creation of the relationship of patient and physician depends on the mutual assent of both parties. Contracts issued by the corporation to the subscribers shall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan. Acts 1945, ch. 113, § 6; C. Supp. 1950, § 4186.23; T.C.A. (orig. ed.), § 56-2908.
(a) Every doctor of medicine licensed to practice in this state under title 63, chapter 6, and who is reputable and in good standing, has the right to become a participating physician in the medical service plan corporation operating in the county in which the doctor resides or practices, for general or special medical care, as the case may be, under the terms and conditions that are imposed on other participating physicians under similar circumstances, or as prescribed in this chapter and approved by the commissioner. A medical service plan corporation shall impose no restrictions on the doctors of medicine who treat its subscribers as to methods of diagnosis or treatment. The private physician-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any doctor of medicine who is a participating physician in the corporation and who agrees to accept a particular beneficiary as a patient.
(b) It is the purpose of this section to make it clear that the creation of the relationship of patient and physician depends on the mutual assent of both parties. Contracts issued by the corporation to the subscribers shall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan.
Acts 1945, ch. 113, § 6; C. Supp. 1950, § 4186.23; T.C.A. (orig. ed.), § 56-2908.
Tenn. Code Ann. § 56-52-102 — TN Code / Title 56 / Chapter 52 / Section 56-52-102
Chapter definitions
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Annuity" means a contract or agreement, both with and without a life or mortality element, to make periodic payments, whether in fixed or variable dollar amounts, or both, at specified intervals; (2) (A) "Charitable gift annuity" means a transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity issued by a charitable organization; (B) "Charitable gift annuity" does not include a charitable remainder trust or a charitable lead trust or other similar arrangement where the charitable organization does not issue an annuity and incur a financial obligation to guarantee annuity payments. "Charitable gift annuity" also does not mean any transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity where a commission is paid to any person as a result of the transfer; (3) "Charitable gift annuity separate account" means any segregated account established by a charitable organization to which the organization allocates cash, securities, annuities or other property transferred by a donor to the organization that are to be applied to the terms of a charitable gift annuity issued in connection with the transfer to fund benefits under the charitable gift annuity; (4) "Charitable organization" means an entity described by: (A) Section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ); or (B) Section 170(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(c) ); and (5) "Commissioner" means the commissioner of commerce and insurance. Acts 2008 , ch. 831, §§ 1, 3.
(a) As used in this chapter, unless the context otherwise requires: (1) "Annuity" means a contract or agreement, both with and without a life or mortality element, to make periodic payments, whether in fixed or variable dollar amounts, or both, at specified intervals; (2) (A) "Charitable gift annuity" means a transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity issued by a charitable organization; (B) "Charitable gift annuity" does not include a charitable remainder trust or a charitable lead trust or other similar arrangement where the charitable organization does not issue an annuity and incur a financial obligation to guarantee annuity payments. "Charitable gift annuity" also does not mean any transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity where a commission is paid to any person as a result of the transfer; (3) "Charitable gift annuity separate account" means any segregated account established by a charitable organization to which the organization allocates cash, securities, annuities or other property transferred by a donor to the organization that are to be applied to the terms of a charitable gift annuity issued in connection with the transfer to fund benefits under the charitable gift annuity; (4) "Charitable organization" means an entity described by: (A) Section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ); or (B) Section 170(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(c) ); and (5) "Commissioner" means the commissioner of commerce and insurance.
(1) "Annuity" means a contract or agreement, both with and without a life or mortality element, to make periodic payments, whether in fixed or variable dollar amounts, or both, at specified intervals;
(2) (A) "Charitable gift annuity" means a transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity issued by a charitable organization; (B) "Charitable gift annuity" does not include a charitable remainder trust or a charitable lead trust or other similar arrangement where the charitable organization does not issue an annuity and incur a financial obligation to guarantee annuity payments. "Charitable gift annuity" also does not mean any transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity where a commission is paid to any person as a result of the transfer;
(A) "Charitable gift annuity" means a transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity issued by a charitable organization;
(B) "Charitable gift annuity" does not include a charitable remainder trust or a charitable lead trust or other similar arrangement where the charitable organization does not issue an annuity and incur a financial obligation to guarantee annuity payments. "Charitable gift annuity" also does not mean any transfer of cash, securities, annuities or other property by a donor to a charitable organization in return for an annuity where a commission is paid to any person as a result of the transfer;
(3) "Charitable gift annuity separate account" means any segregated account established by a charitable organization to which the organization allocates cash, securities, annuities or other property transferred by a donor to the organization that are to be applied to the terms of a charitable gift annuity issued in connection with the transfer to fund benefits under the charitable gift annuity;
(4) "Charitable organization" means an entity described by: (A) Section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ); or (B) Section 170(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(c) ); and
(A) Section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ); or
(B) Section 170(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 170(c) ); and
(5) "Commissioner" means the commissioner of commerce and insurance.
Acts 2008 , ch. 831, §§ 1, 3.
Tenn. Code Ann. § 56-52-109 — TN Code / Title 56 / Chapter 52 / Section 56-52-109
Written acknowledgments from donor
Status: in_force

(a) Within a reasonable amount of time after accepting the property transferred in exchange for the annuity agreement, the organization shall obtain a signed statement from a donor acknowledging the following terms of the agreement: (1) The expected value of the property to be transferred; (2) The amount of the annuity to be paid to the donor or other annuitant; (3) The manner in which and the intervals at which payment is to be made; (4) The age of the person or persons during whose life payment is to be made; (5) The reasonable value as of the date of the agreement of the benefits created; and (6) The date the payments are to begin. (b) In addition to the disclosure in subsection (a), the charitable organization shall obtain a signed statement from a donor acknowledging that the donor has been informed that payments made under a charitable gift annuity are backed solely by the full faith and credit of the organization, are not insured or guaranteed by an insurance company, are not protected by any insurance guaranty association and are not backed in any way by the state of Tennessee. (c) The requirements of subsections (a) and (b) may be satisfied by an acknowledgement that is a part of the annuity agreement that is signed by the donor. (d) A donor may revoke any donation under this chapter prior to signing the written acknowledgement required in subsections (a) and (b). Acts 2008, ch. 831, § 10.
(a) Within a reasonable amount of time after accepting the property transferred in exchange for the annuity agreement, the organization shall obtain a signed statement from a donor acknowledging the following terms of the agreement: (1) The expected value of the property to be transferred; (2) The amount of the annuity to be paid to the donor or other annuitant; (3) The manner in which and the intervals at which payment is to be made; (4) The age of the person or persons during whose life payment is to be made; (5) The reasonable value as of the date of the agreement of the benefits created; and (6) The date the payments are to begin.
(1) The expected value of the property to be transferred;
(2) The amount of the annuity to be paid to the donor or other annuitant;
(3) The manner in which and the intervals at which payment is to be made;
(4) The age of the person or persons during whose life payment is to be made;
(5) The reasonable value as of the date of the agreement of the benefits created; and
(6) The date the payments are to begin.
(b) In addition to the disclosure in subsection (a), the charitable organization shall obtain a signed statement from a donor acknowledging that the donor has been informed that payments made under a charitable gift annuity are backed solely by the full faith and credit of the organization, are not insured or guaranteed by an insurance company, are not protected by any insurance guaranty association and are not backed in any way by the state of Tennessee.
(c) The requirements of subsections (a) and (b) may be satisfied by an acknowledgement that is a part of the annuity agreement that is signed by the donor.
(d) A donor may revoke any donation under this chapter prior to signing the written acknowledgement required in subsections (a) and (b).
Acts 2008, ch. 831, § 10.
Tenn. Code Ann. § 56-15-107 — TN Code / Title 56 / Chapter 15 / Section 56-15-107
Sworn financial statements to be filed quarterly - Revocation of authority to do business to be mailed and published
Status: in_force

(a) Every such company shall, in the months of January, April, July and October of each year, file with the commissioner a statement, signed and sworn to by its president and secretary, showing its assets and liabilities, as is required by § 56-15-104 . (b) The commissioner has the power and the duty to revoke the authority of the company to transact any new business under this chapter whenever, in the commissioner's judgment, the company is not solvent or is conducting its business in violation of this chapter. (c) The commissioner may institute inquiry at any time into the solvency of the company, and whenever satisfied that the authority of the company to do business under this chapter should be revoked, and upon in fact revoking the authority, the commissioner shall forthwith transmit, by mail, to the county clerk of each county a properly certified copy of the act of revocation, and shall, moreover, cause to be published, in a daily newspaper issued in the cities of Knoxville, Chattanooga, Nashville, and Memphis, a copy of the order of revocation. Acts 1895, ch. 175, § 4; Shan., § 2217; mod. Code 1932, § 3949; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 56-1407.
(a) Every such company shall, in the months of January, April, July and October of each year, file with the commissioner a statement, signed and sworn to by its president and secretary, showing its assets and liabilities, as is required by § 56-15-104 .
(b) The commissioner has the power and the duty to revoke the authority of the company to transact any new business under this chapter whenever, in the commissioner's judgment, the company is not solvent or is conducting its business in violation of this chapter.
(c) The commissioner may institute inquiry at any time into the solvency of the company, and whenever satisfied that the authority of the company to do business under this chapter should be revoked, and upon in fact revoking the authority, the commissioner shall forthwith transmit, by mail, to the county clerk of each county a properly certified copy of the act of revocation, and shall, moreover, cause to be published, in a daily newspaper issued in the cities of Knoxville, Chattanooga, Nashville, and Memphis, a copy of the order of revocation.
Acts 1895, ch. 175, § 4; Shan., § 2217; mod. Code 1932, § 3949; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 56-1407.
Tenn. Code Ann. § 56-9-404 — TN Code / Title 56 / Chapter 9 / Section 56-9-404
Ancillary receivers - Duties and powers
Status: in_force

(a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the chancery court of Davidson County requesting appointment as ancillary receiver in this state: (1) If the commissioner finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; and (2) If the protection of creditors or policyholders in this state so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds. (c) (1) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. (2) The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. The ancillary receiver shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. (3) Subject to this section, the ancillary receiver and the ancillary receiver's deputies have the same powers and are subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states have, as to assets and books, accounts, and other records in their respective states, rights, duties and powers corresponding to those provided in subsection (c) for ancillary receivers appointed in this state. Acts 1991, ch. 142, § 4.
(a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the chancery court of Davidson County requesting appointment as ancillary receiver in this state: (1) If the commissioner finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; and (2) If the protection of creditors or policyholders in this state so requires.
(1) If the commissioner finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; and
(2) If the protection of creditors or policyholders in this state so requires.
(b) The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds.
(c) (1) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. (2) The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. The ancillary receiver shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. (3) Subject to this section, the ancillary receiver and the ancillary receiver's deputies have the same powers and are subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
(1) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state.
(2) The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. The ancillary receiver shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator.
(3) Subject to this section, the ancillary receiver and the ancillary receiver's deputies have the same powers and are subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
(d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states have, as to assets and books, accounts, and other records in their respective states, rights, duties and powers corresponding to those provided in subsection (c) for ancillary receivers appointed in this state.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-51-134 — TN Code / Title 56 / Chapter 51 / Section 56-51-134
Annual, quarterly, and miscellaneous reports
Status: in_force

(a) Each prepaid limited health service organization must file with the department annually, within three (3) months after the end of its fiscal year, a report on the blank specified for health maintenance organizations by the National Association of Insurance Commissioners, verified by the oath of at least two (2) officers covering the preceding calendar year. (b) In addition to the information contained in the forms provided under subsection (a), the report must also include: (1) A statutory financial statement of the organization prepared in accordance with statutory accounting principles, including its balance sheet, income statement, and statement of changes in cash flow for the preceding year, certified by an independent certified public accountant, or a consolidated audited financial statement of its parent company prepared on the basis of statutory accounting principles, certified by an independent certified public accountant, attached to which must be consolidating financial statements of the parent company, including the prepaid limited health service organization; (2) A list of the names and residence addresses of all persons responsible for the conduct of its affairs, together with a disclosure of the extent and nature of any contracts or arrangements between the persons and the prepaid limited health service organization, including any possible conflicts of interest; (3) The number of prepaid limited health services contracts, issued and outstanding, and the number of prepaid limited health services contracts terminated; (4) The number and amount of damage claims for medical injury initiated against the prepaid limited health service organization, and if known, any of the providers engaged by it during the reporting year, broken down into claims with and without formal legal process, and the disposition, if any, of each damage claim for medical injury; (5) An actuarial report certified by a qualified independent actuary that: (A) The prepaid limited health service organization is actuarially sound, which certification shall consider the rates, benefits, and expenses of, and any other funds available for, the payment of obligations of the organization; (B) The rates being charged or to be charged are actuarially adequate to the end of the period for which rates have been guaranteed; and (C) Incurred but not reported claims and claims reported but not fully paid have been adequately provided for; and (6) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department. (c) Every prepaid limited health service organization that fails to file an annual report or quarterly report in the form and within the time required by this section shall forfeit up to five hundred dollars ($500) for each day for the first ten (10) days during which the neglect continues and shall forfeit up to one thousand dollars ($1,000) for each day after the first ten (10) days during which the neglect continues; and, upon notice by the department to that effect, the organization's authority to enroll new subscribers or to do business in this state ceases while the default continues. The department may not collect more than fifty thousand dollars ($50,000) for each report. (d) Each authorized prepaid limited health service organization must file a quarterly report for each calendar quarter within forty-five (45) days after the end of the quarter. The report shall be in the form prescribed by the National Association of Insurance Commissioners for health maintenance organizations and shall contain: (1) A financial statement prepared in accordance with statutory accounting principles; (2) A listing of providers; and (3) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department. (e) The department may require monthly reports if the financial condition of the prepaid limited health service organization has deteriorated from previous periods or if the financial condition of the organization is such that it may be hazardous to subscribers if not monitored more frequently. (f) Each authorized prepaid limited health service organization shall retain an independent certified public accountant, referred to as "CPA," who agrees by written contract with the prepaid limited health service organization to comply with this chapter. The contract must state that: (1) The CPA will provide to the prepaid limited health service organization audited statutory financial statements consistent with this chapter; (2) Any determination by the CPA that the prepaid limited health service organization does not meet minimum surplus requirements as set forth in this chapter will be stated by the CPA, in writing, in the audited financial statement; and (3) The completed work papers and any written communications between the CPA and the prepaid limited health service organization relating to the audit of the prepaid limited health service organization will be made available for review on a visual-inspection-only basis by the department at the offices of the prepaid limited health service organization, at the department, or at any other reasonable place as mutually agreed between the department and the prepaid limited health service organization. The CPA must retain for review the work papers and written communications for a period of not less than six (6) years. Acts 2000, ch. 948, § 34; 2004, ch. 507, § 4.
(a) Each prepaid limited health service organization must file with the department annually, within three (3) months after the end of its fiscal year, a report on the blank specified for health maintenance organizations by the National Association of Insurance Commissioners, verified by the oath of at least two (2) officers covering the preceding calendar year.
(b) In addition to the information contained in the forms provided under subsection (a), the report must also include: (1) A statutory financial statement of the organization prepared in accordance with statutory accounting principles, including its balance sheet, income statement, and statement of changes in cash flow for the preceding year, certified by an independent certified public accountant, or a consolidated audited financial statement of its parent company prepared on the basis of statutory accounting principles, certified by an independent certified public accountant, attached to which must be consolidating financial statements of the parent company, including the prepaid limited health service organization; (2) A list of the names and residence addresses of all persons responsible for the conduct of its affairs, together with a disclosure of the extent and nature of any contracts or arrangements between the persons and the prepaid limited health service organization, including any possible conflicts of interest; (3) The number of prepaid limited health services contracts, issued and outstanding, and the number of prepaid limited health services contracts terminated; (4) The number and amount of damage claims for medical injury initiated against the prepaid limited health service organization, and if known, any of the providers engaged by it during the reporting year, broken down into claims with and without formal legal process, and the disposition, if any, of each damage claim for medical injury; (5) An actuarial report certified by a qualified independent actuary that: (A) The prepaid limited health service organization is actuarially sound, which certification shall consider the rates, benefits, and expenses of, and any other funds available for, the payment of obligations of the organization; (B) The rates being charged or to be charged are actuarially adequate to the end of the period for which rates have been guaranteed; and (C) Incurred but not reported claims and claims reported but not fully paid have been adequately provided for; and (6) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department.
(1) A statutory financial statement of the organization prepared in accordance with statutory accounting principles, including its balance sheet, income statement, and statement of changes in cash flow for the preceding year, certified by an independent certified public accountant, or a consolidated audited financial statement of its parent company prepared on the basis of statutory accounting principles, certified by an independent certified public accountant, attached to which must be consolidating financial statements of the parent company, including the prepaid limited health service organization;
(2) A list of the names and residence addresses of all persons responsible for the conduct of its affairs, together with a disclosure of the extent and nature of any contracts or arrangements between the persons and the prepaid limited health service organization, including any possible conflicts of interest;
(3) The number of prepaid limited health services contracts, issued and outstanding, and the number of prepaid limited health services contracts terminated;
(4) The number and amount of damage claims for medical injury initiated against the prepaid limited health service organization, and if known, any of the providers engaged by it during the reporting year, broken down into claims with and without formal legal process, and the disposition, if any, of each damage claim for medical injury;
(5) An actuarial report certified by a qualified independent actuary that: (A) The prepaid limited health service organization is actuarially sound, which certification shall consider the rates, benefits, and expenses of, and any other funds available for, the payment of obligations of the organization; (B) The rates being charged or to be charged are actuarially adequate to the end of the period for which rates have been guaranteed; and (C) Incurred but not reported claims and claims reported but not fully paid have been adequately provided for; and
(A) The prepaid limited health service organization is actuarially sound, which certification shall consider the rates, benefits, and expenses of, and any other funds available for, the payment of obligations of the organization;
(B) The rates being charged or to be charged are actuarially adequate to the end of the period for which rates have been guaranteed; and
(C) Incurred but not reported claims and claims reported but not fully paid have been adequately provided for; and
(6) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department.
(c) Every prepaid limited health service organization that fails to file an annual report or quarterly report in the form and within the time required by this section shall forfeit up to five hundred dollars ($500) for each day for the first ten (10) days during which the neglect continues and shall forfeit up to one thousand dollars ($1,000) for each day after the first ten (10) days during which the neglect continues; and, upon notice by the department to that effect, the organization's authority to enroll new subscribers or to do business in this state ceases while the default continues. The department may not collect more than fifty thousand dollars ($50,000) for each report.
(d) Each authorized prepaid limited health service organization must file a quarterly report for each calendar quarter within forty-five (45) days after the end of the quarter. The report shall be in the form prescribed by the National Association of Insurance Commissioners for health maintenance organizations and shall contain: (1) A financial statement prepared in accordance with statutory accounting principles; (2) A listing of providers; and (3) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department.
(1) A financial statement prepared in accordance with statutory accounting principles;
(2) A listing of providers; and
(3) Other information relating to the performance of the prepaid limited health service organization that is reasonably required by the department.
(e) The department may require monthly reports if the financial condition of the prepaid limited health service organization has deteriorated from previous periods or if the financial condition of the organization is such that it may be hazardous to subscribers if not monitored more frequently.
(f) Each authorized prepaid limited health service organization shall retain an independent certified public accountant, referred to as "CPA," who agrees by written contract with the prepaid limited health service organization to comply with this chapter. The contract must state that: (1) The CPA will provide to the prepaid limited health service organization audited statutory financial statements consistent with this chapter; (2) Any determination by the CPA that the prepaid limited health service organization does not meet minimum surplus requirements as set forth in this chapter will be stated by the CPA, in writing, in the audited financial statement; and (3) The completed work papers and any written communications between the CPA and the prepaid limited health service organization relating to the audit of the prepaid limited health service organization will be made available for review on a visual-inspection-only basis by the department at the offices of the prepaid limited health service organization, at the department, or at any other reasonable place as mutually agreed between the department and the prepaid limited health service organization. The CPA must retain for review the work papers and written communications for a period of not less than six (6) years.
(1) The CPA will provide to the prepaid limited health service organization audited statutory financial statements consistent with this chapter;
(2) Any determination by the CPA that the prepaid limited health service organization does not meet minimum surplus requirements as set forth in this chapter will be stated by the CPA, in writing, in the audited financial statement; and
(3) The completed work papers and any written communications between the CPA and the prepaid limited health service organization relating to the audit of the prepaid limited health service organization will be made available for review on a visual-inspection-only basis by the department at the offices of the prepaid limited health service organization, at the department, or at any other reasonable place as mutually agreed between the department and the prepaid limited health service organization. The CPA must retain for review the work papers and written communications for a period of not less than six (6) years.
Acts 2000, ch. 948, § 34; 2004, ch. 507, § 4.
Tenn. Code Ann. § 56-25-404 — TN Code / Title 56 / Chapter 25 / Section 56-25-404
Benefit contracts
Status: in_force

(a) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided. The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void. (b) Any changes, additions or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects, the same as though the changes, additions or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance. (c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application. (d) (1) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made either: (A) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (B) In lieu of or in combination with subdivision (d)(1)(A), the owner may accept a proportionate reduction in benefits under the certificate. (2) The society may specify the manner of the election and which alternative is to be presumed if no election is made. (e) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions of the society. (f) (1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with and approved by the commissioner in the manner provided for like policies issued by life, accident and sickness insurers in this state. (2) Every life, accident and sickness, health, sickness, or disability insurance certificate and every annuity certificate shall meet the standard contract provision requirements in this title not inconsistent with this chapter for like policies issued by life, accident and sickness insurers in this state, except that a society may provide for a grace period for payment for premiums of one (1) full month in its certificates. (3) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate, and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. (4) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership of insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium. (g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application of membership in order to effect this transfer, and may provide in all other respects for regulation, government and control of the certificates and all rights, obligations and liabilities incident to and connected with the certificates. Ownership rights prior to the transfer shall be specified in the certificate. (h) A society may specify the terms and conditions on which benefit contracts may be assigned. Acts 1990, ch. 703, § 1.
(a) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided. The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void.
(b) Any changes, additions or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects, the same as though the changes, additions or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance.
(c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.
(d) (1) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made either: (A) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (B) In lieu of or in combination with subdivision (d)(1)(A), the owner may accept a proportionate reduction in benefits under the certificate. (2) The society may specify the manner of the election and which alternative is to be presumed if no election is made.
(1) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made either: (A) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (B) In lieu of or in combination with subdivision (d)(1)(A), the owner may accept a proportionate reduction in benefits under the certificate.
(A) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or
(B) In lieu of or in combination with subdivision (d)(1)(A), the owner may accept a proportionate reduction in benefits under the certificate.
(2) The society may specify the manner of the election and which alternative is to be presumed if no election is made.
(e) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions of the society.
(f) (1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with and approved by the commissioner in the manner provided for like policies issued by life, accident and sickness insurers in this state. (2) Every life, accident and sickness, health, sickness, or disability insurance certificate and every annuity certificate shall meet the standard contract provision requirements in this title not inconsistent with this chapter for like policies issued by life, accident and sickness insurers in this state, except that a society may provide for a grace period for payment for premiums of one (1) full month in its certificates. (3) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate, and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. (4) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership of insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.
(1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with and approved by the commissioner in the manner provided for like policies issued by life, accident and sickness insurers in this state.
(2) Every life, accident and sickness, health, sickness, or disability insurance certificate and every annuity certificate shall meet the standard contract provision requirements in this title not inconsistent with this chapter for like policies issued by life, accident and sickness insurers in this state, except that a society may provide for a grace period for payment for premiums of one (1) full month in its certificates.
(3) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate, and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate.
(4) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership of insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.
(g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application of membership in order to effect this transfer, and may provide in all other respects for regulation, government and control of the certificates and all rights, obligations and liabilities incident to and connected with the certificates. Ownership rights prior to the transfer shall be specified in the certificate.
(h) A society may specify the terms and conditions on which benefit contracts may be assigned.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-7-503 — TN Code / Title 56 / Chapter 7 / Section 56-7-503
Commissioner to make orders for enforcement of contingent and mortality endowment contracts
Status: in_force

The commissioner has authority, upon examination and investigation of any companies writing the contracts referred to in § 56-7-501 , to make orders the commissioner finds necessary from time to time to carry out the duties imposed upon the commissioner by law and by this part; but the orders shall not include authority to order the company to return premiums collected during the period and prior to the order. Acts 1939, ch. 31, § 4; C. Supp. 1950, § 6459.3 (Williams, § 6459.4); impl. am. Acts 1971, ch. 137, § 1; T.C.A. (orig. ed.), § 56-1127.
The commissioner has authority, upon examination and investigation of any companies writing the contracts referred to in § 56-7-501 , to make orders the commissioner finds necessary from time to time to carry out the duties imposed upon the commissioner by law and by this part; but the orders shall not include authority to order the company to return premiums collected during the period and prior to the order.
Acts 1939, ch. 31, § 4; C. Supp. 1950, § 6459.3 (Williams, § 6459.4); impl. am. Acts 1971, ch. 137, § 1; T.C.A. (orig. ed.), § 56-1127.
Tenn. Code Ann. § 56-5-202 — TN Code / Title 56 / Chapter 5 / Section 56-5-202
Restrictions on use of credit scores
Status: in_force

An insurer authorized to do business in this state that uses credit information to underwrite or rate risks for personal insurance shall not: (1) Take an adverse action against a consumer based on credit information, unless an insurer obtains and uses a credit report issued or an insurance score calculated within ninety (90) days from the date the personal insurance policy is first written or renewal is issued; (2) (A) Use credit information unless no later than thirty-six (36) months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. The insurer is not required to comply with this subdivision (2) if: (i) The insured is in the most favorably-priced tier of the insurer or within a group of affiliated insurers, for the type of policy covering the insured; (ii) If the insurer has determined not to use credit information in its re-evaluation of the insured upon renewal; or (iii) If the insurer provides a notice to the insured on an annual basis of the insured's right to voluntarily request that their insurance credit score be rerun and reevaluated based on the current information available for the next effective renewal date of the insured's policy. A notice provided under this section shall be in writing in clear and concise language and shall not contain any information other than what is necessary to notify the insured of this right. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once every twelve (12) months; (B) Nothing in subdivision (2)(A) shall be deemed to require any insurer to use credit information in rating or underwriting. The commissioner may promulgate rules to effectuate this section; (3) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy of personal insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for each person's own credit information; (B) Inquiries relating to insurance coverage, if so identified on a consumer's credit report; (C) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry and made within thirty (30) days of one another, unless only one (1) inquiry is considered; (D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry and made within thirty (30) days from one another, unless only one (1) inquiry is considered; or (E) Collection accounts with a medical industry code, if so identified on the consumer's credit report; (4) Deny, cancel or nonrenew a policy of personal insurance solely on the basis of credit information, without consideration of any other applicable underwriting factor independent of credit information; (5) Base an insured's renewal rates for personal insurance solely upon credit information, without consideration of any other applicable factor independent of credit information; (6) Take an adverse action against a consumer solely because the consumer does not have a credit account, without consideration of any other applicable factor independent of credit information; (7) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating personal insurance, unless the insurer either treats the consumer as if the consumer had neutral credit information as defined by the insurer or unless the insurer treats the consumer in a manner otherwise approved by the commissioner of commerce and insurance; and (8) Use an insurance score that is calculated using income, gender, address, ethnic group, religion, marital status, nationality, education, or occupation of the consumer as a factor. Nothing in this subdivision (8) shall preclude an insurer from underwriting personal insurance on the basis of information in the insurance application that is not credit information. Acts 2004, ch. 527, § 3.
An insurer authorized to do business in this state that uses credit information to underwrite or rate risks for personal insurance shall not:
(1) Take an adverse action against a consumer based on credit information, unless an insurer obtains and uses a credit report issued or an insurance score calculated within ninety (90) days from the date the personal insurance policy is first written or renewal is issued;
(2) (A) Use credit information unless no later than thirty-six (36) months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. The insurer is not required to comply with this subdivision (2) if: (i) The insured is in the most favorably-priced tier of the insurer or within a group of affiliated insurers, for the type of policy covering the insured; (ii) If the insurer has determined not to use credit information in its re-evaluation of the insured upon renewal; or (iii) If the insurer provides a notice to the insured on an annual basis of the insured's right to voluntarily request that their insurance credit score be rerun and reevaluated based on the current information available for the next effective renewal date of the insured's policy. A notice provided under this section shall be in writing in clear and concise language and shall not contain any information other than what is necessary to notify the insured of this right. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once every twelve (12) months; (B) Nothing in subdivision (2)(A) shall be deemed to require any insurer to use credit information in rating or underwriting. The commissioner may promulgate rules to effectuate this section;
(A) Use credit information unless no later than thirty-six (36) months following the last time that the insurer obtained current credit information for the insured, the insurer recalculates the insurance score or obtains an updated credit report. The insurer is not required to comply with this subdivision (2) if: (i) The insured is in the most favorably-priced tier of the insurer or within a group of affiliated insurers, for the type of policy covering the insured; (ii) If the insurer has determined not to use credit information in its re-evaluation of the insured upon renewal; or (iii) If the insurer provides a notice to the insured on an annual basis of the insured's right to voluntarily request that their insurance credit score be rerun and reevaluated based on the current information available for the next effective renewal date of the insured's policy. A notice provided under this section shall be in writing in clear and concise language and shall not contain any information other than what is necessary to notify the insured of this right. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once every twelve (12) months;
(i) The insured is in the most favorably-priced tier of the insurer or within a group of affiliated insurers, for the type of policy covering the insured;
(ii) If the insurer has determined not to use credit information in its re-evaluation of the insured upon renewal; or
(iii) If the insurer provides a notice to the insured on an annual basis of the insured's right to voluntarily request that their insurance credit score be rerun and reevaluated based on the current information available for the next effective renewal date of the insured's policy. A notice provided under this section shall be in writing in clear and concise language and shall not contain any information other than what is necessary to notify the insured of this right. An insurer need not recalculate the insurance score or obtain the updated credit report of a consumer more frequently than once every twelve (12) months;
(B) Nothing in subdivision (2)(A) shall be deemed to require any insurer to use credit information in rating or underwriting. The commissioner may promulgate rules to effectuate this section;
(3) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy of personal insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for each person's own credit information; (B) Inquiries relating to insurance coverage, if so identified on a consumer's credit report; (C) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry and made within thirty (30) days of one another, unless only one (1) inquiry is considered; (D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry and made within thirty (30) days from one another, unless only one (1) inquiry is considered; or (E) Collection accounts with a medical industry code, if so identified on the consumer's credit report;
(A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for each person's own credit information;
(B) Inquiries relating to insurance coverage, if so identified on a consumer's credit report;
(C) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry and made within thirty (30) days of one another, unless only one (1) inquiry is considered;
(D) Multiple lender inquiries, if coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry and made within thirty (30) days from one another, unless only one (1) inquiry is considered; or
(E) Collection accounts with a medical industry code, if so identified on the consumer's credit report;
(4) Deny, cancel or nonrenew a policy of personal insurance solely on the basis of credit information, without consideration of any other applicable underwriting factor independent of credit information;
(5) Base an insured's renewal rates for personal insurance solely upon credit information, without consideration of any other applicable factor independent of credit information;
(6) Take an adverse action against a consumer solely because the consumer does not have a credit account, without consideration of any other applicable factor independent of credit information;
(7) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating personal insurance, unless the insurer either treats the consumer as if the consumer had neutral credit information as defined by the insurer or unless the insurer treats the consumer in a manner otherwise approved by the commissioner of commerce and insurance; and
(8) Use an insurance score that is calculated using income, gender, address, ethnic group, religion, marital status, nationality, education, or occupation of the consumer as a factor. Nothing in this subdivision (8) shall preclude an insurer from underwriting personal insurance on the basis of information in the insurance application that is not credit information.
Acts 2004, ch. 527, § 3.
Tenn. Code Ann. § 56-12-206 — TN Code / Title 56 / Chapter 12 / Section 56-12-206
Board of directors - Reimbursement
Status: in_force

(a) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer shall be entitled to one (1) vote in person or by proxy. If the board of directors is not selected within sixty (60) days after notice of the organizational meeting, the commissioner may appoint the initial members. (b) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors in accordance with the state's travel regulations. Members of the board shall not otherwise be compensated by the association for their services. Acts 1988, ch. 1032, § 6.
(a) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer shall be entitled to one (1) vote in person or by proxy. If the board of directors is not selected within sixty (60) days after notice of the organizational meeting, the commissioner may appoint the initial members.
(b) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
(c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors in accordance with the state's travel regulations. Members of the board shall not otherwise be compensated by the association for their services.
Acts 1988, ch. 1032, § 6.
Tenn. Code Ann. § 56-9-315 — TN Code / Title 56 / Chapter 9 / Section 56-9-315
Fraudulent transfers - Effect - When transfer made
Status: in_force

(a) (1) Every transfer made or suffered and every obligation incurred by an insurer within one (1) year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors, if made or incurred without fair consideration, or with actual intent to hinder, delay or defraud either existing or future creditors. (2) A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter, which is fraudulent under this section, may be voided by the receiver, except as to a person who in good faith is a purchaser, lienor or obligee for a present fair equivalent value, and except that any purchaser, lienor or obligee, who in good faith has given a consideration less than fair for the transfer, lien or obligation, may retain the property, lien or obligation as security for repayment. (3) The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor or obligee. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee under § 56-9-317(c) . (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer that creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) This subsection (b) shall apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers. (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) if: (1) The transaction consists of the termination, adjustment or settlement of a reinsurance contract in which the reinsurer is released from any part of its duty to pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and (2) Any part of the transaction took place within one (1) year prior to the date of filing of the petition through which the receivership was commenced. (d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) shall be personally liable therefor and shall be bound to account to the liquidator. (e) Notwithstanding this section and any other provision of this title, a receiver shall not avoid any transfer of, or any obligation to transfer, money or any other property arising under or in connection with a federal home loan bank security agreement or any pledge agreement, security agreement, collateral agreement, guarantee agreement, or other similar arrangement or credit enhancement relating to a security agreement to which a federal home loan bank is a party. However, a transfer may be avoided under this section if it was made with the actual intent to hinder, delay, or defraud either existing or future creditors. Amended by 2019 Tenn. Acts, ch. 430,s 5, eff. 5/21/2019. Acts 1991, ch. 142, § 4.
(a) (1) Every transfer made or suffered and every obligation incurred by an insurer within one (1) year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors, if made or incurred without fair consideration, or with actual intent to hinder, delay or defraud either existing or future creditors. (2) A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter, which is fraudulent under this section, may be voided by the receiver, except as to a person who in good faith is a purchaser, lienor or obligee for a present fair equivalent value, and except that any purchaser, lienor or obligee, who in good faith has given a consideration less than fair for the transfer, lien or obligation, may retain the property, lien or obligation as security for repayment. (3) The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor or obligee.
(1) Every transfer made or suffered and every obligation incurred by an insurer within one (1) year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors, if made or incurred without fair consideration, or with actual intent to hinder, delay or defraud either existing or future creditors.
(2) A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter, which is fraudulent under this section, may be voided by the receiver, except as to a person who in good faith is a purchaser, lienor or obligee for a present fair equivalent value, and except that any purchaser, lienor or obligee, who in good faith has given a consideration less than fair for the transfer, lien or obligation, may retain the property, lien or obligation as security for repayment.
(3) The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor or obligee.
(b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee under § 56-9-317(c) . (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer that creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) This subsection (b) shall apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers.
(1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee under § 56-9-317(c) .
(2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee.
(3) A transfer that creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created.
(4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition.
(5) This subsection (b) shall apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers.
(c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) if: (1) The transaction consists of the termination, adjustment or settlement of a reinsurance contract in which the reinsurer is released from any part of its duty to pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and (2) Any part of the transaction took place within one (1) year prior to the date of filing of the petition through which the receivership was commenced.
(1) The transaction consists of the termination, adjustment or settlement of a reinsurance contract in which the reinsurer is released from any part of its duty to pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and
(2) Any part of the transaction took place within one (1) year prior to the date of filing of the petition through which the receivership was commenced.
(d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) shall be personally liable therefor and shall be bound to account to the liquidator.
(e) Notwithstanding this section and any other provision of this title, a receiver shall not avoid any transfer of, or any obligation to transfer, money or any other property arising under or in connection with a federal home loan bank security agreement or any pledge agreement, security agreement, collateral agreement, guarantee agreement, or other similar arrangement or credit enhancement relating to a security agreement to which a federal home loan bank is a party. However, a transfer may be avoided under this section if it was made with the actual intent to hinder, delay, or defraud either existing or future creditors.
Amended by 2019 Tenn. Acts, ch. 430,s 5, eff. 5/21/2019.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-4-213 — TN Code / Title 56 / Chapter 4 / Section 56-4-213
Exemption from other taxes
Status: in_force

(a) The payment of the taxes provided in this part shall be in lieu of all other taxes, except as provided in § 56-4-217 , except ad valorem taxes upon real and personal property, and except fees required by law of the companies. (b) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6. Acts 1945, ch. 3, § 6; mod. C. Supp. 1950, § 1248.46 (Williams, § 1248.174); T.C.A. (orig. ed.), § 56-417; Acts 2005, ch. 499, § 22.
(a) The payment of the taxes provided in this part shall be in lieu of all other taxes, except as provided in § 56-4-217 , except ad valorem taxes upon real and personal property, and except fees required by law of the companies.
(b) Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6.
Acts 1945, ch. 3, § 6; mod. C. Supp. 1950, § 1248.46 (Williams, § 1248.174); T.C.A. (orig. ed.), § 56-417; Acts 2005, ch. 499, § 22.
Tenn. Code Ann. § 56-26-303 — TN Code / Title 56 / Chapter 26 / Section 56-26-303
Requirement subject to available cost data
Status: in_force

The requirements to furnish charge data pursuant to § 56-26-302 are subject to the cost data being reasonably available as determined by the commissioner. Acts 1980, ch. 876, § 3.
The requirements to furnish charge data pursuant to § 56-26-302 are subject to the cost data being reasonably available as determined by the commissioner.
Acts 1980, ch. 876, § 3.