Tenn. Code Ann. § 56-7-2505 — TN Code / Title 56 / Chapter 7 / Section 56-7-2505
Phenylketonuria (PKU)
Status: in_force

(a) Any individual, franchise, blanket or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, or health maintenance organization that provides hospital expense and surgical expense insurance and that is delivered, issued for delivery, amended or renewed on or after July 1, 1995, shall provide coverage for the treatment of phenylketonuria. (b) As used in this section, "treatment" means licensed professional medical services under the supervision of a physician and those special dietary formulas that are medically necessary for the therapeutic treatment of phenylketonuria. Acts 1996, ch. 893, § 1.
(a) Any individual, franchise, blanket or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society, or health maintenance organization that provides hospital expense and surgical expense insurance and that is delivered, issued for delivery, amended or renewed on or after July 1, 1995, shall provide coverage for the treatment of phenylketonuria.
(b) As used in this section, "treatment" means licensed professional medical services under the supervision of a physician and those special dietary formulas that are medically necessary for the therapeutic treatment of phenylketonuria.
Acts 1996, ch. 893, § 1.
Tenn. Code Ann. § 56-6-1003 — TN Code / Title 56 / Chapter 6 / Section 56-6-1003
Application for licensure
Status: in_force

(a) (1) A person applying for a crop insurance adjuster license shall make application to the commissioner on the appropriate application prescribed by the commissioner. (2) The commissioner is authorized to determine whether the crop insurance adjuster license to be issued under this part shall be a crop-specific loss adjuster license or a multi-peril crop adjuster license, and based on the commissioner's decision, the applicant shall complete the appropriate application. (b) The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief. Acts 2009, ch. 476, § 4.
(a) (1) A person applying for a crop insurance adjuster license shall make application to the commissioner on the appropriate application prescribed by the commissioner. (2) The commissioner is authorized to determine whether the crop insurance adjuster license to be issued under this part shall be a crop-specific loss adjuster license or a multi-peril crop adjuster license, and based on the commissioner's decision, the applicant shall complete the appropriate application.
(1) A person applying for a crop insurance adjuster license shall make application to the commissioner on the appropriate application prescribed by the commissioner.
(2) The commissioner is authorized to determine whether the crop insurance adjuster license to be issued under this part shall be a crop-specific loss adjuster license or a multi-peril crop adjuster license, and based on the commissioner's decision, the applicant shall complete the appropriate application.
(b) The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief.
Acts 2009, ch. 476, § 4.
Tenn. Code Ann. § 56-12-214 — TN Code / Title 56 / Chapter 12 / Section 56-12-214
Association subject to examination - Annual report
Status: in_force

(a) The association shall be subject to examination and regulation by the commissioner. (b) The board of directors shall submit to the commissioner each year, not later than one hundred twenty (120) days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year. Acts 1988, ch. 1032, § 14.
(a) The association shall be subject to examination and regulation by the commissioner.
(b) The board of directors shall submit to the commissioner each year, not later than one hundred twenty (120) days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year.
Acts 1988, ch. 1032, § 14.
Tenn. Code Ann. § 56-7-3602 — TN Code / Title 56 / Chapter 7 / Section 56-7-3602
Legislative intent
Status: in_force

The purpose of this part is to create a new line of insurance, known as paid family leave insurance, under which an insurer licensed to engage in the business of life insurance or disability income insurance in this state may issue policies covering against risk related to paid family leave. Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
The purpose of this part is to create a new line of insurance, known as paid family leave insurance, under which an insurer licensed to engage in the business of life insurance or disability income insurance in this state may issue policies covering against risk related to paid family leave.
Added by 2023 Tenn. Acts, ch. 91, s 1, eff. 1/1/2024.
Tenn. Code Ann. § 56-31-125 — TN Code / Title 56 / Chapter 31 / Section 56-31-125
Subscription contract - Duration - Renewal - Termination - Forfeiture of membership - Deferment of inception coverage
Status: in_force

Every subscription contract made by a vision service plan corporation shall provide for the payment of vision services for a minimum period of twelve (12) months from the date of issue of the subscription certificate. The contract may provide that it shall be subject to renewal thereafter from year to year unless there has been one (1) month's prior written notice of termination by the vision service plan corporation. A subscriber shall forfeit membership upon failure to renew the contract, or upon voluntary resignation. During the first contract year, the contract may provide that the inception coverage may be deferred for not more than two (2) months from date of issue of the contract. Acts 1969, ch. 118, § 25; T.C.A., § 56-3725.
Every subscription contract made by a vision service plan corporation shall provide for the payment of vision services for a minimum period of twelve (12) months from the date of issue of the subscription certificate. The contract may provide that it shall be subject to renewal thereafter from year to year unless there has been one (1) month's prior written notice of termination by the vision service plan corporation. A subscriber shall forfeit membership upon failure to renew the contract, or upon voluntary resignation. During the first contract year, the contract may provide that the inception coverage may be deferred for not more than two (2) months from date of issue of the contract.
Acts 1969, ch. 118, § 25; T.C.A., § 56-3725.
Tenn. Code Ann. § 56-54-105 — TN Code / Title 56 / Chapter 54 / Section 56-54-105
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 6; 2011 , ch. 112, § 1; 2012 , ch. 798, § 31.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 6; 2011 , ch. 112, § 1; 2012 , ch. 798, § 31.
Tenn. Code Ann. § 56-6-1401 — TN Code / Title 56 / Chapter 6 / Section 56-6-1401
Short title
Status: in_force

This part shall be known and may be cited as the "Travel Insurance Producer Limited License Act." Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
This part shall be known and may be cited as the "Travel Insurance Producer Limited License Act."
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
Tenn. Code Ann. § 56-31-122 — TN Code / Title 56 / Chapter 31 / Section 56-31-122
Revocation of license for violation of chapter
Status: in_force

A vision service plan corporation that neglects to make and file its annual statement in the form and within the time provided by this chapter, or neglects to reply in writing to the inquiries of the commissioner within a reasonable time as specified by the commissioner, or who otherwise violates this chapter, shall be subject to revocation of license after proper notice and right of hearing. Any agent or solicitor who violates this chapter or any written order or official regulation of the commissioner shall be subject to revocation of license after due notice and right of hearing. Acts 1969, ch. 118, § 23; T.C.A., § 56-3722.
A vision service plan corporation that neglects to make and file its annual statement in the form and within the time provided by this chapter, or neglects to reply in writing to the inquiries of the commissioner within a reasonable time as specified by the commissioner, or who otherwise violates this chapter, shall be subject to revocation of license after proper notice and right of hearing. Any agent or solicitor who violates this chapter or any written order or official regulation of the commissioner shall be subject to revocation of license after due notice and right of hearing.
Acts 1969, ch. 118, § 23; T.C.A., § 56-3722.
Tenn. Code Ann. § 56-7-1305 — TN Code / Title 56 / Chapter 7 / Section 56-7-1305
Notice of eligibility for assigned risk plan
Status: in_force

When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance, the insurer shall notify the named insured of the insured's possible eligibility for automobile liability insurance through the automobile liability assigned risk plan. The notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew. Acts 1968, ch. 582, § 5; T.C.A., § 56-1158.
When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance, the insurer shall notify the named insured of the insured's possible eligibility for automobile liability insurance through the automobile liability assigned risk plan. The notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Acts 1968, ch. 582, § 5; T.C.A., § 56-1158.
Tenn. Code Ann. § 56-25-704 — TN Code / Title 56 / Chapter 25 / Section 56-25-704
Exempted societies and associations
Status: in_force

(a) Nothing contained in this chapter shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of Masons, Odd Fellows, or Knights of Pythias (exclusive of the insurance department of the Supreme Lodge, Knights of Pythias) and the Junior Order of the United American Mechanics (exclusive of the beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics), nor to similar societies that do not issue insurance certificates; (2) Orders, societies or associations that admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to the orders, societies or associations. No domestic order, society or association that is, on January 1, 1991, operating under a certificate of authority issued by the commissioner shall be exempt by reason of this subdivision (a)(2); (3) An association of local lodges or a society now doing business in this state that provides death benefits not exceeding five hundred dollars ($500) to any one (1) person, or disability benefits not exceeding three hundred dollars ($300) to any one (1) person, or both, nor to any contracts or reinsurance business on such plan in this state; (4) Domestic societies that limit their membership to employees of a particular city or town, designated firm, business house or corporation that provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; or (5) Domestic societies or associations of a purely religious, charitable or benevolent description, that provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both. (b) Any such society or association described in subdivision (a)(4) or (a)(5) that provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subdivision (a)(5) that has more than one thousand (1,000) members shall not be exempted from this chapter, but shall comply with all requirements of this chapter. (c) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in subdivision (a)(2) shall give or allow, or promise to give or allow, to any person more than one dollar ($1.00) per capita as compensation for procuring new members. (d) Every society that provides for benefits in case of death or disability resulting solely from accident, and that does not obligate itself to pay natural death or sick benefits, shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions thereof relating to medical examinations, valuations of benefit certificates, and incontestability do not apply to such society. (e) The commissioner may require from any society or association, by examination or otherwise, the information that will enable the commissioner to determine whether the society or association is exempt from this chapter. (f) Societies exempt under this section are also exempt from all other provisions of the general insurance laws of this state. Acts 1990, ch. 703, § 1.
(a) Nothing contained in this chapter shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of Masons, Odd Fellows, or Knights of Pythias (exclusive of the insurance department of the Supreme Lodge, Knights of Pythias) and the Junior Order of the United American Mechanics (exclusive of the beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics), nor to similar societies that do not issue insurance certificates; (2) Orders, societies or associations that admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to the orders, societies or associations. No domestic order, society or association that is, on January 1, 1991, operating under a certificate of authority issued by the commissioner shall be exempt by reason of this subdivision (a)(2); (3) An association of local lodges or a society now doing business in this state that provides death benefits not exceeding five hundred dollars ($500) to any one (1) person, or disability benefits not exceeding three hundred dollars ($300) to any one (1) person, or both, nor to any contracts or reinsurance business on such plan in this state; (4) Domestic societies that limit their membership to employees of a particular city or town, designated firm, business house or corporation that provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; or (5) Domestic societies or associations of a purely religious, charitable or benevolent description, that provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both.
(1) Grand or subordinate lodges of Masons, Odd Fellows, or Knights of Pythias (exclusive of the insurance department of the Supreme Lodge, Knights of Pythias) and the Junior Order of the United American Mechanics (exclusive of the beneficiary degree or insurance branch of the National Council Junior Order United American Mechanics), nor to similar societies that do not issue insurance certificates;
(2) Orders, societies or associations that admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to the orders, societies or associations. No domestic order, society or association that is, on January 1, 1991, operating under a certificate of authority issued by the commissioner shall be exempt by reason of this subdivision (a)(2);
(3) An association of local lodges or a society now doing business in this state that provides death benefits not exceeding five hundred dollars ($500) to any one (1) person, or disability benefits not exceeding three hundred dollars ($300) to any one (1) person, or both, nor to any contracts or reinsurance business on such plan in this state;
(4) Domestic societies that limit their membership to employees of a particular city or town, designated firm, business house or corporation that provide for a death benefit of not more than four hundred dollars ($400) or disability benefits of not more than three hundred fifty dollars ($350) to any person in any one (1) year, or both; or
(5) Domestic societies or associations of a purely religious, charitable or benevolent description, that provide for a death benefit of not more than four hundred dollars ($400) or for disability benefits of not more than three hundred fifty dollars ($350) to any one (1) person in any one (1) year, or both.
(b) Any such society or association described in subdivision (a)(4) or (a)(5) that provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in subdivision (a)(5) that has more than one thousand (1,000) members shall not be exempted from this chapter, but shall comply with all requirements of this chapter.
(c) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in subdivision (a)(2) shall give or allow, or promise to give or allow, to any person more than one dollar ($1.00) per capita as compensation for procuring new members.
(d) Every society that provides for benefits in case of death or disability resulting solely from accident, and that does not obligate itself to pay natural death or sick benefits, shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions thereof relating to medical examinations, valuations of benefit certificates, and incontestability do not apply to such society.
(e) The commissioner may require from any society or association, by examination or otherwise, the information that will enable the commissioner to determine whether the society or association is exempt from this chapter.
(f) Societies exempt under this section are also exempt from all other provisions of the general insurance laws of this state.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-19-111 — TN Code / Title 56 / Chapter 19 / Section 56-19-111
Corporate policyholders - Officers not personally liable
Status: in_force

(a) Any public or private corporation, board or association in this state or elsewhere may make applications, enter into agreements for and hold policies in any such mutual insurance company. Any officer, stockholder, trustee or legal representative of any such corporation, board, association or estate may be recognized as acting for or on its behalf for the purpose of the membership, but shall not be personally liable upon the contract of insurance by reason of acting in the representative capacity. (b) The right of any corporation organized under the laws of this state to participate as a member of any such mutual insurance company is declared to be incidental to the purpose for which the corporation is organized and as much granted as the rights and powers expressly conferred. Acts 1919, ch. 108, § 8; Shan. Supp., § 3369a58b14; Code 1932, § 6326; T.C.A. (orig. ed.), § 56-1711.
(a) Any public or private corporation, board or association in this state or elsewhere may make applications, enter into agreements for and hold policies in any such mutual insurance company. Any officer, stockholder, trustee or legal representative of any such corporation, board, association or estate may be recognized as acting for or on its behalf for the purpose of the membership, but shall not be personally liable upon the contract of insurance by reason of acting in the representative capacity.
(b) The right of any corporation organized under the laws of this state to participate as a member of any such mutual insurance company is declared to be incidental to the purpose for which the corporation is organized and as much granted as the rights and powers expressly conferred.
Acts 1919, ch. 108, § 8; Shan. Supp., § 3369a58b14; Code 1932, § 6326; T.C.A. (orig. ed.), § 56-1711.
Tenn. Code Ann. § 56-7-3210 — TN Code / Title 56 / Chapter 7 / Section 56-7-3210
Sanctions
Status: in_force

A violation of this part may subject the pharmacy benefits manager or covered entity to the sanctions described in § 56-2-305 . Added by 2022 Tenn. Acts, ch. 1070, s 10, eff. 1/1/2023.
A violation of this part may subject the pharmacy benefits manager or covered entity to the sanctions described in § 56-2-305 .
Added by 2022 Tenn. Acts, ch. 1070, s 10, eff. 1/1/2023.
Tenn. Code Ann. § 56-1-210 — TN Code / Title 56 / Chapter 1 / Section 56-1-210
Advisory committee
Status: in_force

(a) The commissioner shall appoint an advisory committee to assist the department. The advisory committee shall be composed of not more than twelve (12) members who are qualified professionals in the health insurance industry and related health fields. (b) The advisory committee shall meet with the commissioner or the commissioner's designee and shall report periodically to the department on its findings. Acts 1985, ch. 388, § 3.
(a) The commissioner shall appoint an advisory committee to assist the department. The advisory committee shall be composed of not more than twelve (12) members who are qualified professionals in the health insurance industry and related health fields.
(b) The advisory committee shall meet with the commissioner or the commissioner's designee and shall report periodically to the department on its findings.
Acts 1985, ch. 388, § 3.
Tenn. Code Ann. § 56-7-2002 — TN Code / Title 56 / Chapter 7 / Section 56-7-2002
Purpose
Status: in_force

The general assembly finds that there is a problem with availability and affordability of health care services for lower income persons. It is, therefore, the intent of this general assembly to make coverage more available and affordable by authorizing the development of innovative plans to prepay the coverage. Acts 1991, ch. 353, § 3.
The general assembly finds that there is a problem with availability and affordability of health care services for lower income persons. It is, therefore, the intent of this general assembly to make coverage more available and affordable by authorizing the development of innovative plans to prepay the coverage.
Acts 1991, ch. 353, § 3.
Tenn. Code Ann. § 56-22-107 — TN Code / Title 56 / Chapter 22 / Section 56-22-107
Elections - Commissions - Compensation - Benefits - Expense ratios
Status: in_force

(a) Every policyholder in good standing shall be entitled to one (1) vote in person or by ballot transmitted by mail, as shall be provided in the bylaws, in any election for directors or upon any other issues properly brought to the policyholders for consideration. (b) (1) No officer, director or other person whose duty it is to determine the character of risk and upon whose decision the application for insurance shall be accepted or rejected shall receive as any part of the person's compensation a commission upon the premium, but the compensation shall be a fixed salary, and/or a share of the net profits of the county mutual insurance company that the board of directors may determine appropriate. (2) Nothing under subdivision (b)(1) shall be construed to prohibit a county mutual insurance company from providing for its directors, officers and other employees reasonable benefits, including, but not limited to, directors' compensation, health insurance benefits and retirement benefits. Such benefits may be offered by a county mutual insurance company. (3) The commissioner may promulgate rules to set appropriate expense ratios to address those expenses incurred in subdivisions (b)(1) and (2). Acts 2006, ch. 689, §§ 3, 10.
(a) Every policyholder in good standing shall be entitled to one (1) vote in person or by ballot transmitted by mail, as shall be provided in the bylaws, in any election for directors or upon any other issues properly brought to the policyholders for consideration.
(b) (1) No officer, director or other person whose duty it is to determine the character of risk and upon whose decision the application for insurance shall be accepted or rejected shall receive as any part of the person's compensation a commission upon the premium, but the compensation shall be a fixed salary, and/or a share of the net profits of the county mutual insurance company that the board of directors may determine appropriate. (2) Nothing under subdivision (b)(1) shall be construed to prohibit a county mutual insurance company from providing for its directors, officers and other employees reasonable benefits, including, but not limited to, directors' compensation, health insurance benefits and retirement benefits. Such benefits may be offered by a county mutual insurance company. (3) The commissioner may promulgate rules to set appropriate expense ratios to address those expenses incurred in subdivisions (b)(1) and (2).
(1) No officer, director or other person whose duty it is to determine the character of risk and upon whose decision the application for insurance shall be accepted or rejected shall receive as any part of the person's compensation a commission upon the premium, but the compensation shall be a fixed salary, and/or a share of the net profits of the county mutual insurance company that the board of directors may determine appropriate.
(2) Nothing under subdivision (b)(1) shall be construed to prohibit a county mutual insurance company from providing for its directors, officers and other employees reasonable benefits, including, but not limited to, directors' compensation, health insurance benefits and retirement benefits. Such benefits may be offered by a county mutual insurance company.
(3) The commissioner may promulgate rules to set appropriate expense ratios to address those expenses incurred in subdivisions (b)(1) and (2).
Acts 2006, ch. 689, §§ 3, 10.
Tenn. Code Ann. § 56-16-111 — TN Code / Title 56 / Chapter 16 / Section 56-16-111
Agent for reciprocal - License required - Appointment
Status: in_force

No person shall act in this state as an agent of a reciprocal in the solicitation or procurement of applications for insurance, subscriber's agreements and powers of attorney, or in the collection of premiums in connection with the reciprocal insurer, without first procuring a license from the department pursuant to the requirements in chapter 6 of this title. An agent shall be appointed by each reciprocal the agent represents. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-211.
No person shall act in this state as an agent of a reciprocal in the solicitation or procurement of applications for insurance, subscriber's agreements and powers of attorney, or in the collection of premiums in connection with the reciprocal insurer, without first procuring a license from the department pursuant to the requirements in chapter 6 of this title. An agent shall be appointed by each reciprocal the agent represents.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-211.
Tenn. Code Ann. § 56-2-902 — TN Code / Title 56 / Chapter 2 / Section 56-2-902
Purpose and scope
Status: in_force

(a) The purpose of this part is to: (1) Provide the commissioner a summary of an insurer or insurance group's corporate governance structure, policies, and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework; (2) Outline the requirements for completing a corporate governance annual disclosure with the commissioner; and (3) Provide for the confidential treatment of the corporate governance annual disclosure and related information. (b) Nothing in this part prescribes or imposes corporate governance standards and internal procedures beyond that which is required under applicable law. Notwithstanding this section, nothing in this part limits the commissioner's authority or the rights or obligations of third parties under §§ 56-1-408 - 56-1-413. (c) This part applies to all insurers domiciled in this state, except for: (1) Captive insurance companies licensed under the Revised Tennessee Captive Insurance Act, compiled in chapter 13 of this title; and (2) Risk retention groups licensed under chapter 45 of this title. Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
(a) The purpose of this part is to: (1) Provide the commissioner a summary of an insurer or insurance group's corporate governance structure, policies, and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework; (2) Outline the requirements for completing a corporate governance annual disclosure with the commissioner; and (3) Provide for the confidential treatment of the corporate governance annual disclosure and related information.
(1) Provide the commissioner a summary of an insurer or insurance group's corporate governance structure, policies, and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework;
(2) Outline the requirements for completing a corporate governance annual disclosure with the commissioner; and
(3) Provide for the confidential treatment of the corporate governance annual disclosure and related information.
(b) Nothing in this part prescribes or imposes corporate governance standards and internal procedures beyond that which is required under applicable law. Notwithstanding this section, nothing in this part limits the commissioner's authority or the rights or obligations of third parties under §§ 56-1-408 - 56-1-413.
(c) This part applies to all insurers domiciled in this state, except for: (1) Captive insurance companies licensed under the Revised Tennessee Captive Insurance Act, compiled in chapter 13 of this title; and (2) Risk retention groups licensed under chapter 45 of this title.
(1) Captive insurance companies licensed under the Revised Tennessee Captive Insurance Act, compiled in chapter 13 of this title; and
(2) Risk retention groups licensed under chapter 45 of this title.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
Tenn. Code Ann. § 56-21-108 — TN Code / Title 56 / Chapter 21 / Section 56-21-108
Withdrawal of guaranty capital or securities by guarantor
Status: in_force

(a) A guarantor desiring to surrender the guarantor's shares and withdraw the guaranty capital or securities may do so by giving the company ninety (90) days' written notice to that effect; provided, that the withdrawal does not impair the company's guaranty capital below nine hundred fifty thousand dollars ($950,000). (b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969. Acts 1907, ch. 461, § 4; Shan., § 3369a11; Acts 1921, ch. 160, § 4; Code 1932, § 6262; Acts 1969, ch. 218, §§ 4, 6; T.C.A. (orig. ed.), § 56-2010.
(a) A guarantor desiring to surrender the guarantor's shares and withdraw the guaranty capital or securities may do so by giving the company ninety (90) days' written notice to that effect; provided, that the withdrawal does not impair the company's guaranty capital below nine hundred fifty thousand dollars ($950,000).
(b) The increase in the minimum amount of guaranty capital provided by the 1969 amendment does not apply to companies qualified and authorized prior to May 7, 1969.
Acts 1907, ch. 461, § 4; Shan., § 3369a11; Acts 1921, ch. 160, § 4; Code 1932, § 6262; Acts 1969, ch. 218, §§ 4, 6; T.C.A. (orig. ed.), § 56-2010.
Tenn. Code Ann. § 56-2-504 — TN Code / Title 56 / Chapter 2 / Section 56-2-504
Any lawful process may be served on commissioner or secretary of state - Requirements
Status: in_force

(a) When the commissioner has been appointed or constituted attorney for a foreign or alien insurance company, either by power of attorney or by failure to comply with § 56-2-503 , any lawful process against or notice to the company in any action or proceeding against it from any cause of action arising in the state may be served on the commissioner, and filing the power of attorney or doing business in the state shall be a signification of its agreement that the process or notice served shall be of the same legal force and validity as if served upon it in the state. In case of any action or proceeding instituted by or on behalf of the commissioner against or with reference to the company, process may be lawfully served on the secretary of state. (b) Service of process shall be made by leaving two (2) copies of the process or notice, together with a fee of fifteen dollars ($15.00), in the office of the commissioner, together with an affidavit giving the last known address of the defendant, and the service shall be sufficient if notice of the service, and a copy of the process or notice are forthwith sent by registered mail, with return receipt requested, or certified mail by the commissioner to the company at the last known address. An affidavit of the commissioner showing compliance with this subsection (b) shall be filed with the paper in the action or proceeding. (c) The court in which the action or proceeding is pending may order continuances necessary to afford the defendant reasonable opportunity to defend the action. No judgment shall be entered against the defendant under this section until at least thirty (30) days have elapsed after process or notice has been served on the commissioner. (d) The references in this section to the commissioner shall, in the case of any action or proceeding instituted by or on behalf of the commissioner, be deemed to refer to the secretary of state, and the duties and responsibilities imposed by this section shall, in such cases, be performed and discharged by the secretary of state. Acts 1947, ch. 119, §§ 6, 7; C. Supp. 1950, § 6211.3 (Williams, §§ 6459.53, 6459.54); Acts 1953, ch. 136, § 1; T.C.A. (orig. ed.), § 56-321; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 476, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-245; Acts 1980, ch. 821, §§ 1, 2; 2001, ch. 333, § 1.
(a) When the commissioner has been appointed or constituted attorney for a foreign or alien insurance company, either by power of attorney or by failure to comply with § 56-2-503 , any lawful process against or notice to the company in any action or proceeding against it from any cause of action arising in the state may be served on the commissioner, and filing the power of attorney or doing business in the state shall be a signification of its agreement that the process or notice served shall be of the same legal force and validity as if served upon it in the state. In case of any action or proceeding instituted by or on behalf of the commissioner against or with reference to the company, process may be lawfully served on the secretary of state.
(b) Service of process shall be made by leaving two (2) copies of the process or notice, together with a fee of fifteen dollars ($15.00), in the office of the commissioner, together with an affidavit giving the last known address of the defendant, and the service shall be sufficient if notice of the service, and a copy of the process or notice are forthwith sent by registered mail, with return receipt requested, or certified mail by the commissioner to the company at the last known address. An affidavit of the commissioner showing compliance with this subsection (b) shall be filed with the paper in the action or proceeding.
(c) The court in which the action or proceeding is pending may order continuances necessary to afford the defendant reasonable opportunity to defend the action. No judgment shall be entered against the defendant under this section until at least thirty (30) days have elapsed after process or notice has been served on the commissioner.
(d) The references in this section to the commissioner shall, in the case of any action or proceeding instituted by or on behalf of the commissioner, be deemed to refer to the secretary of state, and the duties and responsibilities imposed by this section shall, in such cases, be performed and discharged by the secretary of state.
Acts 1947, ch. 119, §§ 6, 7; C. Supp. 1950, § 6211.3 (Williams, §§ 6459.53, 6459.54); Acts 1953, ch. 136, § 1; T.C.A. (orig. ed.), § 56-321; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 476, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-245; Acts 1980, ch. 821, §§ 1, 2; 2001, ch. 333, § 1.
Tenn. Code Ann. § 56-48-103 — TN Code / Title 56 / Chapter 48 / Section 56-48-103
"Medicare+Choice" programs - Licensure - Waiver
Status: in_force

Before an entity may operate under the Medicare+Choice program, the entity must obtain a license from the commissioner or be a PSO that obtains a waiver of the requirement for state licensure from HHS in accordance with United States Public Law 105-33, the Balanced Budget Act of 1997. Any entity that obtains such a waiver is not required to obtain a license from the commissioner to operate as a PSO offering a Medicare+Choice plan in this state. Acts 1998, ch. 896, § 4.
Before an entity may operate under the Medicare+Choice program, the entity must obtain a license from the commissioner or be a PSO that obtains a waiver of the requirement for state licensure from HHS in accordance with United States Public Law 105-33, the Balanced Budget Act of 1997. Any entity that obtains such a waiver is not required to obtain a license from the commissioner to operate as a PSO offering a Medicare+Choice plan in this state.
Acts 1998, ch. 896, § 4.
Tenn. Code Ann. § 56-7-607 — TN Code / Title 56 / Chapter 7 / Section 56-7-607
Promulgation of rules
Status: in_force

The commissioner is authorized to promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2019, ch. 407, § 1.
The commissioner is authorized to promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-1-408 — TN Code / Title 56 / Chapter 1 / Section 56-1-408
Examination of insurance companies - Frequency
Status: in_force

As often as once in five (5) years, the commissioner shall, personally or by a deputy or some competent person appointed by the commissioner for that purpose, visit each insurance company licensed in this state and examine its affairs, especially as to its financial condition and ability to fulfill its obligations, and whether it has complied with the law. Acts 1895, ch. 160, § 4; Shan., § 3278; Code 1932, § 6092; T.C.A. (orig. ed.), § 56-120; Acts 1983, ch. 85, § 1; 1993, ch. 253, § 1.
As often as once in five (5) years, the commissioner shall, personally or by a deputy or some competent person appointed by the commissioner for that purpose, visit each insurance company licensed in this state and examine its affairs, especially as to its financial condition and ability to fulfill its obligations, and whether it has complied with the law.
Acts 1895, ch. 160, § 4; Shan., § 3278; Code 1932, § 6092; T.C.A. (orig. ed.), § 56-120; Acts 1983, ch. 85, § 1; 1993, ch. 253, § 1.
Tenn. Code Ann. § 56-7-3109 — TN Code / Title 56 / Chapter 7 / Section 56-7-3109
Medical products and devices subject to requirements of part
Status: in_force

The medical products and devices subject to the requirements of this part are limited to the medical products and devices included as a pharmacy benefit under the pharmacy benefits contract. Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
The medical products and devices subject to the requirements of this part are limited to the medical products and devices included as a pharmacy benefit under the pharmacy benefits contract.
Added by 2014 Tenn. Acts, ch. 857,s 2, eff. 1/1/2015.
Tenn. Code Ann. § 56-7-3105 — TN Code / Title 56 / Chapter 7 / Section 56-7-3105
Contract compliance
Status: in_force

No contract entered into or amended on or after July 1, 2007, shall contain provisions in violation of this part. Acts 2007, ch. 224, § 1.
No contract entered into or amended on or after July 1, 2007, shall contain provisions in violation of this part.
Acts 2007, ch. 224, § 1.
Tenn. Code Ann. § 56-7-601 — TN Code / Title 56 / Chapter 7 / Section 56-7-601
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Right to Shop Act." Acts 2019, ch. 407, § 1.
This part shall be known and may be cited as the "Tennessee Right to Shop Act."
Acts 2019, ch. 407, § 1.
Tenn. Code Ann. § 56-7-128 — TN Code / Title 56 / Chapter 7 / Section 56-7-128
Application programming interfaces - Establishment and maintenance - Interface requirements
Status: in_force

(a) As used in this section, "health insurance entity" has the same meaning as defined in § 56-7-109 . (b) To facilitate patient and provider access to health information, a health insurance entity shall establish and maintain the following application programming interfaces (API) for the benefit of all insureds and contracted providers, as applicable: (1) Patient access API, as described in 42 CFR § 422.119(a)-(e) ; (2) Provider directory API, as described in 42 CFR § 422.120 ; and (3) Payer-to-payer exchange API, as described in 42 CFR § 422.119(f) . (c) In addition to the API described in subsection (b), the department may require a health insurance entity to establish and maintain the following APIs if and when final rules are published by the federal government: (1) Provider access API; and (2) Prior authorization support API. (d) An API described in subdivision (b)(3) must be established in accordance with standards published in a final rule issued by the federal centers for medicare and medicaid services and published in the Federal Register, and must align with federal effective dates, including enforcement delays and suspensions, issued by the federal centers for medicare and medicaid services. (e) This section does not limit existing requirements under this chapter. (f) The commissioner of commerce and insurance may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2024 Tenn. Acts, ch. 931,s 4, eff. 5/6/2024.
(a) As used in this section, "health insurance entity" has the same meaning as defined in § 56-7-109 .
(b) To facilitate patient and provider access to health information, a health insurance entity shall establish and maintain the following application programming interfaces (API) for the benefit of all insureds and contracted providers, as applicable: (1) Patient access API, as described in 42 CFR § 422.119(a)-(e) ; (2) Provider directory API, as described in 42 CFR § 422.120 ; and (3) Payer-to-payer exchange API, as described in 42 CFR § 422.119(f) .
(1) Patient access API, as described in 42 CFR § 422.119(a)-(e) ;
(2) Provider directory API, as described in 42 CFR § 422.120 ; and
(3) Payer-to-payer exchange API, as described in 42 CFR § 422.119(f) .
(c) In addition to the API described in subsection (b), the department may require a health insurance entity to establish and maintain the following APIs if and when final rules are published by the federal government: (1) Provider access API; and (2) Prior authorization support API.
(1) Provider access API; and
(2) Prior authorization support API.
(d) An API described in subdivision (b)(3) must be established in accordance with standards published in a final rule issued by the federal centers for medicare and medicaid services and published in the Federal Register, and must align with federal effective dates, including enforcement delays and suspensions, issued by the federal centers for medicare and medicaid services.
(e) This section does not limit existing requirements under this chapter.
(f) The commissioner of commerce and insurance may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 931,s 4, eff. 5/6/2024.
Tenn. Code Ann. § 56-31-107 — TN Code / Title 56 / Chapter 31 / Section 56-31-107
Participating optometrists - Right to become - Method of diagnosis and treatment unrestricted - Private optometrist-patient relationship - Maintenance
Status: in_force

Every optometrist licensed to practice in this state under title 63, chapter 8, has the right to become a participating optometrist in the vision service plan corporation operating in the county in which the optometrist resides or practices. A vision service plan corporation shall impose no restrictions on the optometrists who treat its subscribers as to methods of diagnosis or treatment. The private optometrist-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any optometrist who is a participating optometrist in the corporation and who agrees to accept a particular beneficiary as a patient. Acts 1969, ch. 118, § 8; T.C.A., § 56-3707.
Every optometrist licensed to practice in this state under title 63, chapter 8, has the right to become a participating optometrist in the vision service plan corporation operating in the county in which the optometrist resides or practices. A vision service plan corporation shall impose no restrictions on the optometrists who treat its subscribers as to methods of diagnosis or treatment. The private optometrist-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any optometrist who is a participating optometrist in the corporation and who agrees to accept a particular beneficiary as a patient.
Acts 1969, ch. 118, § 8; T.C.A., § 56-3707.
Tenn. Code Ann. § 56-7-2003 — TN Code / Title 56 / Chapter 7 / Section 56-7-2003
Plan not deemed to be insurance - Conditions
Status: in_force

A plan that provides health care services to low income individuals on a prepaid basis shall not be deemed to be insurance within § 56-7-101 , or a service plan or corporation or health maintenance organization within chapters 27-32 of this title, or any other provision of this title; provided, that the plan meets the following conditions: (1) Eligibility in the plan is limited to persons employed in businesses employing two hundred (200) eligible persons or fewer and persons engaged in domestic service in private households and dependents of those persons, where the persons earn less than two hundred percent (200%) of the federal poverty level and are not covered under any other group insurance arrangement; (2) The plan is operated on a not-for-profit basis under the sponsorship of a not-for-profit organization; (3) Covered primary care services are provided to enrollees either by providers on staff of the sponsoring organization or by volunteers recruited from a local medical society who have, in both instances, agreed to provide their services for free or for nominal reimbursement for out-of-pocket expenses and/or expendable supplies directly related to, and incurred as a result of, the service provided to the enrollee; (4) Payments to outside contractors for marketing, claims administration and similar services total no more than ten percent (10%) of the total charges; (5) The plan has received the approval and endorsement of the local medical society in consultation with the Tennessee Medical Association; (6) Except as provided in subdivision (3), no portion of any fees or charges under the plan shall be paid directly or indirectly as salary to any officer or director of the sponsoring not-for-profit corporation; and (7) The sponsoring not-for-profit corporation files an annual report with the commissioner within ninety (90) days of the close of the corporation's fiscal year that includes, at a minimum, the following information: (A) The number of plan enrollees; (B) Total services rendered under the plan; (C) Plan financial statements; (D) Administrative costs and salaries paid by the plan; and (E) Other information that may be reasonably requested by the commissioner. Acts 1991, ch. 353, § 4; 1999, ch. 158, § 1.
A plan that provides health care services to low income individuals on a prepaid basis shall not be deemed to be insurance within § 56-7-101 , or a service plan or corporation or health maintenance organization within chapters 27-32 of this title, or any other provision of this title; provided, that the plan meets the following conditions:
(1) Eligibility in the plan is limited to persons employed in businesses employing two hundred (200) eligible persons or fewer and persons engaged in domestic service in private households and dependents of those persons, where the persons earn less than two hundred percent (200%) of the federal poverty level and are not covered under any other group insurance arrangement;
(2) The plan is operated on a not-for-profit basis under the sponsorship of a not-for-profit organization;
(3) Covered primary care services are provided to enrollees either by providers on staff of the sponsoring organization or by volunteers recruited from a local medical society who have, in both instances, agreed to provide their services for free or for nominal reimbursement for out-of-pocket expenses and/or expendable supplies directly related to, and incurred as a result of, the service provided to the enrollee;
(4) Payments to outside contractors for marketing, claims administration and similar services total no more than ten percent (10%) of the total charges;
(5) The plan has received the approval and endorsement of the local medical society in consultation with the Tennessee Medical Association;
(6) Except as provided in subdivision (3), no portion of any fees or charges under the plan shall be paid directly or indirectly as salary to any officer or director of the sponsoring not-for-profit corporation; and
(7) The sponsoring not-for-profit corporation files an annual report with the commissioner within ninety (90) days of the close of the corporation's fiscal year that includes, at a minimum, the following information: (A) The number of plan enrollees; (B) Total services rendered under the plan; (C) Plan financial statements; (D) Administrative costs and salaries paid by the plan; and (E) Other information that may be reasonably requested by the commissioner.
(A) The number of plan enrollees;
(B) Total services rendered under the plan;
(C) Plan financial statements;
(D) Administrative costs and salaries paid by the plan; and
(E) Other information that may be reasonably requested by the commissioner.
Acts 1991, ch. 353, § 4; 1999, ch. 158, § 1.
Tenn. Code Ann. § 56-54-104 — TN Code / Title 56 / Chapter 54 / Section 56-54-104
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021. Acts 2008 , ch. 1009, § 5; 2012 , ch. 798, § 30.
Repealed by 2021 Tenn. Acts, ch. 537, s 8, eff. 5/25/2021.
Acts 2008 , ch. 1009, § 5; 2012 , ch. 798, § 30.
Tenn. Code Ann. § 56-51-154 — TN Code / Title 56 / Chapter 51 / Section 56-51-154
Applicability of provisions of chapter 32 of this title to successor organizations
Status: in_force

Provisions of chapter 32 of this title that are specifically applicable to health maintenance organizations that participate 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, shall also be applicable to prepaid limited health service organizations that participate in the TennCare program or any successor program. Acts 2000, ch. 948, § 54.
Provisions of chapter 32 of this title that are specifically applicable to health maintenance organizations that participate 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, shall also be applicable to prepaid limited health service organizations that participate in the TennCare program or any successor program.
Acts 2000, ch. 948, § 54.
Tenn. Code Ann. § 56-6-403 — TN Code / Title 56 / Chapter 6 / Section 56-6-403
Payments handled by administrator
Status: in_force

Whenever an insurer utilizes the services of an administrator under the terms of a written contract as required in § 56-6-402 , the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured shall be deemed to have been received by the insurer, and the payment of return premiums or claims by the insurer to the administrator shall not be deemed payment to the insured or claimant until the payments are received by the insured or claimant. Nothing in this section shall limit any right of the insurer against the administrator resulting from its failure to make payments to the insurer, insureds or claimants. Acts 1980, ch. 640, § 3.
Whenever an insurer utilizes the services of an administrator under the terms of a written contract as required in § 56-6-402 , the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured shall be deemed to have been received by the insurer, and the payment of return premiums or claims by the insurer to the administrator shall not be deemed payment to the insured or claimant until the payments are received by the insured or claimant. Nothing in this section shall limit any right of the insurer against the administrator resulting from its failure to make payments to the insurer, insureds or claimants.
Acts 1980, ch. 640, § 3.
Tenn. Code Ann. § 56-26-134 — TN Code / Title 56 / Chapter 26 / Section 56-26-134
No coverage for abortion services in health plans required to be established under federal health care reform plans
Status: in_force

No health care plan required to be established in this state through an exchange pursuant to federal health care reform legislation enacted by the 111th Congress shall offer coverage for prohibited abortion services as described in § 39-15-213 . Amended by 2023 Tenn. Acts, ch. 313, s 6, eff. 4/28/2023. Acts 2010 , ch. 879, § 1.
No health care plan required to be established in this state through an exchange pursuant to federal health care reform legislation enacted by the 111th Congress shall offer coverage for prohibited abortion services as described in § 39-15-213 .
Amended by 2023 Tenn. Acts, ch. 313, s 6, eff. 4/28/2023.
Acts 2010 , ch. 879, § 1.
Tenn. Code Ann. § 56-7-803 — TN Code / Title 56 / Chapter 7 / Section 56-7-803
Measure of damages in case of agent's failure to inspect property
Status: in_force

If the company, its designee or agent, fails to place a reasonable value on any insured property within the ninety-day period provided in § 56-7-801 , and that is agreed to by the insured, and a loss occurs, then the value as shown by the policy or application is conclusively presumed to be reasonable, and settlement shall be made on that basis. Amended by 2014 Tenn. Acts, ch. 652,s 2, eff. 4/8/2014. Acts 1927, ch. 72, § 2; mod. Code 1932, § 6174; T.C.A. (orig. ed.), § 56-1139.
If the company, its designee or agent, fails to place a reasonable value on any insured property within the ninety-day period provided in § 56-7-801 , and that is agreed to by the insured, and a loss occurs, then the value as shown by the policy or application is conclusively presumed to be reasonable, and settlement shall be made on that basis.
Amended by 2014 Tenn. Acts, ch. 652,s 2, eff. 4/8/2014.
Acts 1927, ch. 72, § 2; mod. Code 1932, § 6174; T.C.A. (orig. ed.), § 56-1139.
Tenn. Code Ann. § 56-35-104 — TN Code / Title 56 / Chapter 35 / Section 56-35-104
Business prohibited title companies
Status: in_force

No corporation qualified to engage in the business of title insurance under this chapter shall guarantee the payment of any note, bond, mortgage or obligation of any other person or corporation, or execute collateral trust indentures as principal, or issue bonds secured by mortgages pledged under collateral trust indentures or certificates of participation in notes or mortgages, or engage in the business of banking. Acts 1955, ch. 173, § 3; T.C.A., § 56-3404.
No corporation qualified to engage in the business of title insurance under this chapter shall guarantee the payment of any note, bond, mortgage or obligation of any other person or corporation, or execute collateral trust indentures as principal, or issue bonds secured by mortgages pledged under collateral trust indentures or certificates of participation in notes or mortgages, or engage in the business of banking.
Acts 1955, ch. 173, § 3; T.C.A., § 56-3404.
Tenn. Code Ann. § 56-3-115 — TN Code / Title 56 / Chapter 3 / Section 56-3-115
Bonds or other evidences of debt of a domestic insurance company - Reinsurance liability - Limitations
Status: in_force

Notwithstanding § 56-1-405 , where bonds or other evidences of debt having a fixed term and rate of interest, or shares of capital stock of a federal home loan bank, owned by a domestic insurance company are held by or on behalf of another person in connection with a reinsurance liability of, or an indebtedness incurred to a federal home loan bank by the domestic insurance company, the amount allowed as a credit against the liability or indebtedness shall be determined in the manner provided for in § 56-3-113 or § 56-3-303(a)(4) , as applicable, and the commissioner may allow the excess, if any, of the amount of the bonds or other evidences of debt or shares of capital stock over the amount of the liability or indebtedness to constitute an admissible asset of the domestic insurance company, but only if and to the extent that the bonds or other evidences of debt or shares of capital stock would constitute admissible assets except for being so held in connection with a reinsurance liability or indebtedness to a federal home loan bank; provided, that the total amount of the excess that a domestic insurance company may take into account as an admissible asset shall not exceed thirty percent (30%) of the company's capital and surplus as determined on December 31 of the year preceding the date of the determination. Acts 1999, ch. 394, § 2; 2006, ch. 534, § 1.
Notwithstanding § 56-1-405 , where bonds or other evidences of debt having a fixed term and rate of interest, or shares of capital stock of a federal home loan bank, owned by a domestic insurance company are held by or on behalf of another person in connection with a reinsurance liability of, or an indebtedness incurred to a federal home loan bank by the domestic insurance company, the amount allowed as a credit against the liability or indebtedness shall be determined in the manner provided for in § 56-3-113 or § 56-3-303(a)(4) , as applicable, and the commissioner may allow the excess, if any, of the amount of the bonds or other evidences of debt or shares of capital stock over the amount of the liability or indebtedness to constitute an admissible asset of the domestic insurance company, but only if and to the extent that the bonds or other evidences of debt or shares of capital stock would constitute admissible assets except for being so held in connection with a reinsurance liability or indebtedness to a federal home loan bank; provided, that the total amount of the excess that a domestic insurance company may take into account as an admissible asset shall not exceed thirty percent (30%) of the company's capital and surplus as determined on December 31 of the year preceding the date of the determination.
Acts 1999, ch. 394, § 2; 2006, ch. 534, § 1.
Tenn. Code Ann. § 56-7-204 — TN Code / Title 56 / Chapter 7 / Section 56-7-204
Assignment of life insurance policy as security for loan
Status: in_force

(a) Whenever the insured in a life insurance policy owned by the insured has reserved to the insured the right to change the beneficiary under the policy, the insured has the right to and may assign the policy, to the extent and in the manner permitted by the terms of the policy, as security for a loan, or for any other purpose, without the beneficiary joining in the assignment or assenting to the assignment, and the rights and interests of the beneficiary, including a spouse or child of the insured, in the policy or its proceeds, shall be subject and subordinate to the rights and interests of the assignee as created and defined by the assignment. (b) (1) Nothing in this section or any other law shall be construed as prohibiting any person insured under a group insurance policy, pursuant to the terms of the policy or an arrangement among the insured, the group policyholder and the insurer, from making to any person an assignment of the rights and benefits conferred on the insured by any provision of the policy or by law, including, but not limited to, the right to have issued to the insured an individual policy arising from conversion as set forth in § 56-7-2305 or otherwise and the right to name a beneficiary. (2) Any assignment permitted in this section, whether made before or after May 7, 1969, is valid for the purpose of vesting in the assignee all the rights and benefits assigned, and shall entitle the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy, in accordance with the terms of the assignment without prejudice to the insurer on account of any payment it may make or any individual policy it may issue arising from conversion prior to receipt at its home office of notice of the assignment. (3) This section acknowledges, declares and codifies the existing right of assignment of interests under life insurance policies. (4) (A) When a policy of life insurance is assigned in writing as security for an indebtedness after May 8, 1992, upon receipt of a written request signed by the assignee, together with a copy of the assignment, the insurer shall mail to the assignee a copy of each lapse notice and late payment offer routinely mailed to the policyholder. The insurer shall mail the notice copies while the assignment remains in effect. (B) Subdivision (b)(4)(A) does not apply to any policy where the premium is paid weekly, monthly or quarterly. Subdivision (b)(4)(A) does not apply to industrial life or group life policies. Failure of an insurer to comply with subdivision (b)(4)(A) shall not result in the incurrence of any liability by or obligation on the part of the insurer, which liability or obligation would not be present under the terms of the policy in the absence of any assignment of the policy. (C) Nothing in this section shall be construed as requiring any notice to a policyholder not already required by contract or law. Acts 1961, ch. 33, § 1; 1969, ch. 232, § 1; T.C.A., § 56-1144; Acts 1992, ch. 929, § 1.
(a) Whenever the insured in a life insurance policy owned by the insured has reserved to the insured the right to change the beneficiary under the policy, the insured has the right to and may assign the policy, to the extent and in the manner permitted by the terms of the policy, as security for a loan, or for any other purpose, without the beneficiary joining in the assignment or assenting to the assignment, and the rights and interests of the beneficiary, including a spouse or child of the insured, in the policy or its proceeds, shall be subject and subordinate to the rights and interests of the assignee as created and defined by the assignment.
(b) (1) Nothing in this section or any other law shall be construed as prohibiting any person insured under a group insurance policy, pursuant to the terms of the policy or an arrangement among the insured, the group policyholder and the insurer, from making to any person an assignment of the rights and benefits conferred on the insured by any provision of the policy or by law, including, but not limited to, the right to have issued to the insured an individual policy arising from conversion as set forth in § 56-7-2305 or otherwise and the right to name a beneficiary. (2) Any assignment permitted in this section, whether made before or after May 7, 1969, is valid for the purpose of vesting in the assignee all the rights and benefits assigned, and shall entitle the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy, in accordance with the terms of the assignment without prejudice to the insurer on account of any payment it may make or any individual policy it may issue arising from conversion prior to receipt at its home office of notice of the assignment. (3) This section acknowledges, declares and codifies the existing right of assignment of interests under life insurance policies. (4) (A) When a policy of life insurance is assigned in writing as security for an indebtedness after May 8, 1992, upon receipt of a written request signed by the assignee, together with a copy of the assignment, the insurer shall mail to the assignee a copy of each lapse notice and late payment offer routinely mailed to the policyholder. The insurer shall mail the notice copies while the assignment remains in effect. (B) Subdivision (b)(4)(A) does not apply to any policy where the premium is paid weekly, monthly or quarterly. Subdivision (b)(4)(A) does not apply to industrial life or group life policies. Failure of an insurer to comply with subdivision (b)(4)(A) shall not result in the incurrence of any liability by or obligation on the part of the insurer, which liability or obligation would not be present under the terms of the policy in the absence of any assignment of the policy. (C) Nothing in this section shall be construed as requiring any notice to a policyholder not already required by contract or law.
(1) Nothing in this section or any other law shall be construed as prohibiting any person insured under a group insurance policy, pursuant to the terms of the policy or an arrangement among the insured, the group policyholder and the insurer, from making to any person an assignment of the rights and benefits conferred on the insured by any provision of the policy or by law, including, but not limited to, the right to have issued to the insured an individual policy arising from conversion as set forth in § 56-7-2305 or otherwise and the right to name a beneficiary.
(2) Any assignment permitted in this section, whether made before or after May 7, 1969, is valid for the purpose of vesting in the assignee all the rights and benefits assigned, and shall entitle the insurer to deal with the assignee as the owner of all rights and benefits conferred on the insured under the policy, in accordance with the terms of the assignment without prejudice to the insurer on account of any payment it may make or any individual policy it may issue arising from conversion prior to receipt at its home office of notice of the assignment.
(3) This section acknowledges, declares and codifies the existing right of assignment of interests under life insurance policies.
(4) (A) When a policy of life insurance is assigned in writing as security for an indebtedness after May 8, 1992, upon receipt of a written request signed by the assignee, together with a copy of the assignment, the insurer shall mail to the assignee a copy of each lapse notice and late payment offer routinely mailed to the policyholder. The insurer shall mail the notice copies while the assignment remains in effect. (B) Subdivision (b)(4)(A) does not apply to any policy where the premium is paid weekly, monthly or quarterly. Subdivision (b)(4)(A) does not apply to industrial life or group life policies. Failure of an insurer to comply with subdivision (b)(4)(A) shall not result in the incurrence of any liability by or obligation on the part of the insurer, which liability or obligation would not be present under the terms of the policy in the absence of any assignment of the policy. (C) Nothing in this section shall be construed as requiring any notice to a policyholder not already required by contract or law.
(A) When a policy of life insurance is assigned in writing as security for an indebtedness after May 8, 1992, upon receipt of a written request signed by the assignee, together with a copy of the assignment, the insurer shall mail to the assignee a copy of each lapse notice and late payment offer routinely mailed to the policyholder. The insurer shall mail the notice copies while the assignment remains in effect.
(B) Subdivision (b)(4)(A) does not apply to any policy where the premium is paid weekly, monthly or quarterly. Subdivision (b)(4)(A) does not apply to industrial life or group life policies. Failure of an insurer to comply with subdivision (b)(4)(A) shall not result in the incurrence of any liability by or obligation on the part of the insurer, which liability or obligation would not be present under the terms of the policy in the absence of any assignment of the policy.
(C) Nothing in this section shall be construed as requiring any notice to a policyholder not already required by contract or law.
Acts 1961, ch. 33, § 1; 1969, ch. 232, § 1; T.C.A., § 56-1144; Acts 1992, ch. 929, § 1.
Tenn. Code Ann. § 56-49-111 — TN Code / Title 56 / Chapter 49 / Section 56-49-111
Creditor right to require insurance
Status: in_force

(a) In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor: (1) The creditor must have a security interest in the personal property; (2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest; (3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and (4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction. (b) The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state. However, a creditor may establish maximum acceptable deductibles, insurer solidity standards and other reasonable conditions with respect to the required insurance. Acts 1999, ch. 144, § 11.
(a) In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor: (1) The creditor must have a security interest in the personal property; (2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest; (3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and (4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction.
(1) The creditor must have a security interest in the personal property;
(2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest;
(3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and
(4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction.
(b) The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state. However, a creditor may establish maximum acceptable deductibles, insurer solidity standards and other reasonable conditions with respect to the required insurance.
Acts 1999, ch. 144, § 11.
Tenn. Code Ann. § 56-5-205 — TN Code / Title 56 / Chapter 5 / Section 56-5-205
Filing of credit scoring models
Status: in_force

Insurers that use insurance scores to underwrite or rate risks must file their scoring models or other scoring processes with the department of commerce and insurance. A filing that includes insurance scoring shall include loss experience justifying the use of credit information. The filings shall be kept confidential by the commissioner of commerce and insurance and shall not be construed to be a public record pursuant to title 10, chapter 7. Acts 2004, ch. 527, § 6.
Insurers that use insurance scores to underwrite or rate risks must file their scoring models or other scoring processes with the department of commerce and insurance. A filing that includes insurance scoring shall include loss experience justifying the use of credit information. The filings shall be kept confidential by the commissioner of commerce and insurance and shall not be construed to be a public record pursuant to title 10, chapter 7.
Acts 2004, ch. 527, § 6.
Tenn. Code Ann. § 56-46-112 — TN Code / Title 56 / Chapter 46 / Section 56-46-112
Immunity of commissioner and department
Status: in_force

There shall be no liability on the part of, and no cause of action shall arise against, the commissioner or the department of commerce and insurance or its employees or agents for any action taken by them in the performance of their powers and duties under this part. Amended by 2014 Tenn. Acts, ch. 559,s 2, eff. 3/21/2014. Acts 1996, ch. 750, § 13.
There shall be no liability on the part of, and no cause of action shall arise against, the commissioner or the department of commerce and insurance or its employees or agents for any action taken by them in the performance of their powers and duties under this part.
Amended by 2014 Tenn. Acts, ch. 559,s 2, eff. 3/21/2014.
Acts 1996, ch. 750, § 13.
Tenn. Code Ann. § 56-7-2206 — TN Code / Title 56 / Chapter 7 / Section 56-7-2206
Applicability
Status: in_force

(a) A health benefit plan is subject to this part if it provides health benefits for small employers and if either of the following conditions is met: (1) Any part of the premiums or benefits is paid by a small employer, or any covered individual is reimbursed, whether through wage adjustments or otherwise, by a small employer for any portion of the premium, or for which the small employer has permitted payroll deduction for the covered individual, whether or not the coverage is issued through a group or individual policy of insurance, and whether or not the small employer pays any part of the premium; or (2) The health benefit plan is treated by the employer or any of the covered individuals as part of a plan or program for the purpose of § 106 or § 162 of the Internal Revenue Code ( 26 U.S.C. §§ 106 and 162 ). (b) Chapter 5, part 3 of this title does not apply to individual accident and health insurance policies or contracts to the extent they are subject to this part. Acts 1992, ch. 808, § 6.
(a) A health benefit plan is subject to this part if it provides health benefits for small employers and if either of the following conditions is met: (1) Any part of the premiums or benefits is paid by a small employer, or any covered individual is reimbursed, whether through wage adjustments or otherwise, by a small employer for any portion of the premium, or for which the small employer has permitted payroll deduction for the covered individual, whether or not the coverage is issued through a group or individual policy of insurance, and whether or not the small employer pays any part of the premium; or (2) The health benefit plan is treated by the employer or any of the covered individuals as part of a plan or program for the purpose of § 106 or § 162 of the Internal Revenue Code ( 26 U.S.C. §§ 106 and 162 ).
(1) Any part of the premiums or benefits is paid by a small employer, or any covered individual is reimbursed, whether through wage adjustments or otherwise, by a small employer for any portion of the premium, or for which the small employer has permitted payroll deduction for the covered individual, whether or not the coverage is issued through a group or individual policy of insurance, and whether or not the small employer pays any part of the premium; or
(2) The health benefit plan is treated by the employer or any of the covered individuals as part of a plan or program for the purpose of § 106 or § 162 of the Internal Revenue Code ( 26 U.S.C. §§ 106 and 162 ).
(b) Chapter 5, part 3 of this title does not apply to individual accident and health insurance policies or contracts to the extent they are subject to this part.
Acts 1992, ch. 808, § 6.
Tenn. Code Ann. § 56-6-804 — TN Code / Title 56 / Chapter 6 / Section 56-6-804
Authorization of transactions
Status: in_force

Transactions between an RB and the insurer the RB represents in that capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate the RB's authority at any time; (2) The RB will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to, the RB, and remit all funds due to the insurer within thirty (30) days of receipt; (3) All funds collected for the insurer's account will be held by the RB in a fiduciary capacity in a bank that is a qualified United States financial institution as defined in § 56-6-802 ; (4) The RB will comply with § 56-6-805 ; (5) The RB will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The RB will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. Acts 1993, ch. 253, § 9.
Transactions between an RB and the insurer the RB represents in that capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that:
(1) The insurer may terminate the RB's authority at any time;
(2) The RB will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to, the RB, and remit all funds due to the insurer within thirty (30) days of receipt;
(3) All funds collected for the insurer's account will be held by the RB in a fiduciary capacity in a bank that is a qualified United States financial institution as defined in § 56-6-802 ;
(4) The RB will comply with § 56-6-805 ;
(5) The RB will comply with the written standards established by the insurer for the cession or retrocession of all risks; and
(6) The RB will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.
Acts 1993, ch. 253, § 9.
Tenn. Code Ann. § 56-43-101 — TN Code / Title 56 / Chapter 43 / Section 56-43-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Legal Insurance Act." Acts 1989, ch. 423, § 24.
This chapter shall be known and may be cited as the "Tennessee Legal Insurance Act."
Acts 1989, ch. 423, § 24.
Tenn. Code Ann. § 56-51-129 — TN Code / Title 56 / Chapter 51 / Section 56-51-129
Administrative, provider, and management contracts
Status: in_force

(a) The department may require a prepaid limited health service organization to submit any contract for administrative services, contract with a provider physician, contract for management services, or contract with an affiliated entity to the department if the department has information that the prepaid limited health service organization has entered into a contract that requires it to pay a fee that is unreasonably high in relation to the service provided. (b) After review of a contract, the department may order the prepaid limited health service organization to cancel the contract if it determines that the fees to be paid by the prepaid limited health service organization under the contract are so unreasonably high as compared with similar contracts entered into by the prepaid limited health service organization in similar circumstances that the contract is detrimental to the subscribers, stockholders, investors, or creditors of the prepaid limited health service organization. (c) All contracts for administrative services, management services, or provider services or contracts with affiliated entities, entered into or renewed by a prepaid limited health service organization, must contain a provision that the contract will be cancelled upon issuance of an order by the department pursuant to this section. Acts 2000, ch. 948, § 29.
(a) The department may require a prepaid limited health service organization to submit any contract for administrative services, contract with a provider physician, contract for management services, or contract with an affiliated entity to the department if the department has information that the prepaid limited health service organization has entered into a contract that requires it to pay a fee that is unreasonably high in relation to the service provided.
(b) After review of a contract, the department may order the prepaid limited health service organization to cancel the contract if it determines that the fees to be paid by the prepaid limited health service organization under the contract are so unreasonably high as compared with similar contracts entered into by the prepaid limited health service organization in similar circumstances that the contract is detrimental to the subscribers, stockholders, investors, or creditors of the prepaid limited health service organization.
(c) All contracts for administrative services, management services, or provider services or contracts with affiliated entities, entered into or renewed by a prepaid limited health service organization, must contain a provision that the contract will be cancelled upon issuance of an order by the department pursuant to this section.
Acts 2000, ch. 948, § 29.
Tenn. Code Ann. § 56-2-908 — TN Code / Title 56 / Chapter 2 / Section 56-2-908
NAIC and third-party consultants
Status: in_force

(a) The commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise part of the commissioner's staff, as may be reasonably necessary to assist the commissioner in reviewing the CGAD and related information or the insurer's compliance with this part. (b) Any persons retained under subsection (a) are under the direction and control of the commissioner and shall act in a purely advisory capacity. (c) The NAIC and any third-party consultants are subject to the same confidentiality standards and requirements as the commissioner. (d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it is free of conflicts of interest and that it has internal procedures in place to monitor compliance with conflicts and to comply with the confidentiality standards and requirements of this part. (e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this part must contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this part: (1) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this part; (2) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement must provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials, or other information and has verified in writing its legal authority to maintain confidentiality; (3) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the department and that the NAIC's or third-party consultant's use of the information is subject to the direction of the commissioner; (4) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this part in a permanent database after the underlying analysis is completed; (5) A provision requiring the NAIC or third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and (6) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this part. Added by 2018 Tenn. Acts, ch. 873, s 8, eff. 1/1/2019.
(a) The commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise part of the commissioner's staff, as may be reasonably necessary to assist the commissioner in reviewing the CGAD and related information or the insurer's compliance with this part.
(b) Any persons retained under subsection (a) are under the direction and control of the commissioner and shall act in a purely advisory capacity.
(c) The NAIC and any third-party consultants are subject to the same confidentiality standards and requirements as the commissioner.
(d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it is free of conflicts of interest and that it has internal procedures in place to monitor compliance with conflicts and to comply with the confidentiality standards and requirements of this part.
(e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this part must contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this part: (1) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this part; (2) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement must provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials, or other information and has verified in writing its legal authority to maintain confidentiality; (3) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the department and that the NAIC's or third-party consultant's use of the information is subject to the direction of the commissioner; (4) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this part in a permanent database after the underlying analysis is completed; (5) A provision requiring the NAIC or third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and (6) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this part.
(1) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this part;
(2) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement must provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials, or other information and has verified in writing its legal authority to maintain confidentiality;
(3) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the department and that the NAIC's or third-party consultant's use of the information is subject to the direction of the commissioner;
(4) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this part in a permanent database after the underlying analysis is completed;
(5) A provision requiring the NAIC or third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and
(6) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant pursuant to this part.
Added by 2018 Tenn. Acts, ch. 873, s 8, eff. 1/1/2019.
Tenn. Code Ann. § 56-6-302 — TN Code / Title 56 / Chapter 6 / Section 56-6-302
Computation of time-price differential
Status: in_force

The time-price differential provided for in this part shall be computed in the same manner as is provided in the Retail Installment Sales Act, as set out in § 47-11-103(d) . Acts 1965, ch. 356, § 2; T.C.A., § 56-715.
The time-price differential provided for in this part shall be computed in the same manner as is provided in the Retail Installment Sales Act, as set out in § 47-11-103(d) .
Acts 1965, ch. 356, § 2; T.C.A., § 56-715.
Tenn. Code Ann. § 56-32-101 — TN Code / Title 56 / Chapter 32 / Section 56-32-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Health Maintenance Organization Act of 1986." Acts 1986, ch. 713, § 1; T.C.A. § 56-32-201.
This chapter shall be known and may be cited as the "Health Maintenance Organization Act of 1986."
Acts 1986, ch. 713, § 1; T.C.A. § 56-32-201.
Tenn. Code Ann. § 56-10-110 — TN Code / Title 56 / Chapter 10 / Section 56-10-110
Authorized insurance business and regulatory authority
Status: in_force

(a) Nothing in this chapter shall affect the power of the commissioner to regulate, supervise and control insurance companies to the extent of and as provided by this title, nor shall anything in this chapter be construed to authorize any insurance company to engage in any kind or kinds of insurance business not authorized by its charter, or to authorize any acquiring corporation that is not an insurance company to engage directly in the business of insurance. (b) Subsequent to the effective date of any plan of exchange, the commissioner, having regard to the findings stated in § 56-10-104 , shall have authority to require that the affairs of the domestic company be conducted in a manner as to assure the continued safe conduct and transaction of the business of insurance of the domestic company. Acts 1968, ch. 448, § 6; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3610.
(a) Nothing in this chapter shall affect the power of the commissioner to regulate, supervise and control insurance companies to the extent of and as provided by this title, nor shall anything in this chapter be construed to authorize any insurance company to engage in any kind or kinds of insurance business not authorized by its charter, or to authorize any acquiring corporation that is not an insurance company to engage directly in the business of insurance.
(b) Subsequent to the effective date of any plan of exchange, the commissioner, having regard to the findings stated in § 56-10-104 , shall have authority to require that the affairs of the domestic company be conducted in a manner as to assure the continued safe conduct and transaction of the business of insurance of the domestic company.
Acts 1968, ch. 448, § 6; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-3610.
Tenn. Code Ann. § 56-32-138 — TN Code / Title 56 / Chapter 32 / Section 56-32-138
Payment of authorized pharmacy claims - Corrections by pharmacy
Status: in_force

(a) (1) If authorization is given and a pharmacy claim is adjudicated by an HMO or its agent to any pharmacy services provider for care to be delivered to a covered beneficiary under any evidence of coverage issued by the HMO, including those organizations participating in the TennCare program, collectively referred to as "organization," then the organization acting directly or by delegation through an agent acting on behalf of the organization shall not subsequently rescind or modify that authorization or deny the authorized payment to the pharmacy services provider for the authorized service after the provider renders the authorized service in good faith and pursuant to the authorization, except for payments made as a result of the provider's misrepresentation or fraud. (2) If the bureau of TennCare provides notice to the HMO or its agent that a person is eligible to participate in the TennCare program, and, if based on good faith reliance on the information, the HMO makes a payment to a pharmacy provider for providing pharmacy services to the person enrolled in the TennCare program, and if the bureau of TennCare later rescinds the eligibility for the person, then the bureau of TennCare shall remain liable to the HMO for any amount the HMO paid to the provider for the pharmacy services. The bureau of TennCare shall not be liable when the eligibility is rescinded in the case of fraud or death as defined in the contract. The bureau of TennCare shall not be liable due to an error or delay on the part of the managed care organization or its agents in processing eligibility information received from the bureau of TennCare. (b) Notwithstanding subsection (a), any organization may request the pharmacy to adjust or correct an adjudicated claim to correct incorrect data elements, including incorrect billing units, incorrect national drug code (NDC) numbers and incorrect prescriber identification numbers submitted in error and in good faith by the pharmacy. An organization shall provide the pharmacy an opportunity to correct claims submitted by the pharmacy in good faith. If the pharmacy does not correct the adjudicated claim requested within thirty (30) days of receipt of the request, then the organization may rescind, modify or recoup the funds paid on the requested claim and shall not be in violation of this section. Acts 2001, ch. 340, § 1; T.C.A. § 56-32-238.
(a) (1) If authorization is given and a pharmacy claim is adjudicated by an HMO or its agent to any pharmacy services provider for care to be delivered to a covered beneficiary under any evidence of coverage issued by the HMO, including those organizations participating in the TennCare program, collectively referred to as "organization," then the organization acting directly or by delegation through an agent acting on behalf of the organization shall not subsequently rescind or modify that authorization or deny the authorized payment to the pharmacy services provider for the authorized service after the provider renders the authorized service in good faith and pursuant to the authorization, except for payments made as a result of the provider's misrepresentation or fraud. (2) If the bureau of TennCare provides notice to the HMO or its agent that a person is eligible to participate in the TennCare program, and, if based on good faith reliance on the information, the HMO makes a payment to a pharmacy provider for providing pharmacy services to the person enrolled in the TennCare program, and if the bureau of TennCare later rescinds the eligibility for the person, then the bureau of TennCare shall remain liable to the HMO for any amount the HMO paid to the provider for the pharmacy services. The bureau of TennCare shall not be liable when the eligibility is rescinded in the case of fraud or death as defined in the contract. The bureau of TennCare shall not be liable due to an error or delay on the part of the managed care organization or its agents in processing eligibility information received from the bureau of TennCare.
(1) If authorization is given and a pharmacy claim is adjudicated by an HMO or its agent to any pharmacy services provider for care to be delivered to a covered beneficiary under any evidence of coverage issued by the HMO, including those organizations participating in the TennCare program, collectively referred to as "organization," then the organization acting directly or by delegation through an agent acting on behalf of the organization shall not subsequently rescind or modify that authorization or deny the authorized payment to the pharmacy services provider for the authorized service after the provider renders the authorized service in good faith and pursuant to the authorization, except for payments made as a result of the provider's misrepresentation or fraud.
(2) If the bureau of TennCare provides notice to the HMO or its agent that a person is eligible to participate in the TennCare program, and, if based on good faith reliance on the information, the HMO makes a payment to a pharmacy provider for providing pharmacy services to the person enrolled in the TennCare program, and if the bureau of TennCare later rescinds the eligibility for the person, then the bureau of TennCare shall remain liable to the HMO for any amount the HMO paid to the provider for the pharmacy services. The bureau of TennCare shall not be liable when the eligibility is rescinded in the case of fraud or death as defined in the contract. The bureau of TennCare shall not be liable due to an error or delay on the part of the managed care organization or its agents in processing eligibility information received from the bureau of TennCare.
(b) Notwithstanding subsection (a), any organization may request the pharmacy to adjust or correct an adjudicated claim to correct incorrect data elements, including incorrect billing units, incorrect national drug code (NDC) numbers and incorrect prescriber identification numbers submitted in error and in good faith by the pharmacy. An organization shall provide the pharmacy an opportunity to correct claims submitted by the pharmacy in good faith. If the pharmacy does not correct the adjudicated claim requested within thirty (30) days of receipt of the request, then the organization may rescind, modify or recoup the funds paid on the requested claim and shall not be in violation of this section.
Acts 2001, ch. 340, § 1; T.C.A. § 56-32-238.
Tenn. Code Ann. § 56-17-102 — TN Code / Title 56 / Chapter 17 / Section 56-17-102
Certificate of registration required by operator of discount plan - Application
Status: in_force

(a) An operator of a discount plan must obtain a valid certificate of registration from the commissioner. A certificate of registration is not required for a marketer. A certificate of registration is valid for one (1) year from the date of issuance. In order to receive a valid certificate of registration, an operator must file an application on a form adopted by the commissioner and provide, or demonstrate, to the commissioner the following: (1) The name and principal place of business of the operator; and (2) The name and address of the agent in this state for service of process. (b) Notwithstanding any law to the contrary, it is a violation of this chapter for an operator, on or after August 1, 2022, to sell, market, promote, advertise, or otherwise distribute a discount plan in this state without first complying with the registration provisions of this chapter and complying with §§ 47-18-2701 and 47-18-2702 . Added by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
(a) An operator of a discount plan must obtain a valid certificate of registration from the commissioner. A certificate of registration is not required for a marketer. A certificate of registration is valid for one (1) year from the date of issuance. In order to receive a valid certificate of registration, an operator must file an application on a form adopted by the commissioner and provide, or demonstrate, to the commissioner the following: (1) The name and principal place of business of the operator; and (2) The name and address of the agent in this state for service of process.
(1) The name and principal place of business of the operator; and
(2) The name and address of the agent in this state for service of process.
(b) Notwithstanding any law to the contrary, it is a violation of this chapter for an operator, on or after August 1, 2022, to sell, market, promote, advertise, or otherwise distribute a discount plan in this state without first complying with the registration provisions of this chapter and complying with §§ 47-18-2701 and 47-18-2702 .
Added by 2021 Tenn. Acts, ch. 372, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 56-7-2904 — TN Code / Title 56 / Chapter 7 / Section 56-7-2904
[For postponed repeal effective 6/30/2025, see T.C.A. 56-7-2916] Powers and authority
Status: in_force

Access Tennessee has the general powers and authority granted under the laws of this state to insurance companies licensed to transact the kinds of insurance defined under § 56-2-201 . In addition, Access Tennessee has the specific power to: (1) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this part, including the authority, with the approval of the commissioner, to enter into contracts with similar programs in other states for the joint performance of common administrative functions, or with persons, other organizations or other state agencies for the performance of administrative functions; (2) (A) Sue or be sued, including taking any legal actions necessary or proper to: (i) Avoid the payment of improper claims against the program or the coverage provided by or through the program; (ii) Recover any amounts erroneously or improperly paid by the program; (iii) Recover any amounts paid by the program as a result of mistake of fact or law; or (iv) Recover other amounts due the program. (B) For purposes of subdivision (2)(A), as well as for legal representation of Access Tennessee, Access Tennessee is considered to be an instrumentality of the state for the purpose of being represented by the attorney general and reporter, pursuant to § 8-6-109 ; (3) Establish and modify, from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas and any other actuarial function appropriate to the operation of the program. Rates shall be determined in relation to the coverage provided, the risk experience, and expenses of providing coverage. Rates and risk schedules may be adjusted for age, tobacco use and weight and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices; (4) Establish a program to provide premium assistance to low income individuals eligible to participate in the program; (5) Purchase or issue policies of insurance in accordance with the requirements of this part; (6) Appoint appropriate legal, actuarial and other committees as necessary, including advisory committees of external experts, to provide technical assistance in the operation of the program, policy and other contract design, and assistance with any other function within the authority of Access Tennessee; (7) Request an annual audit by the comptroller of the treasury, as otherwise provided by law, or, with the prior written approval of the comptroller of the treasury, contract with an independent public accountant for the audit; (8) Determine the eligibility requirements for program participants, in accordance with this part; (9) Establish at least two (2) coverage options, pursuant to § 56-7-2910 ; (10) Employ and set the compensation of, or contract with, any persons or entities necessary to assist Access Tennessee in carrying out its responsibilities and functions; (11) Provide for reinsurance of risks incurred by the program; (12) Issue additional types of health insurance policies to provide optional coverage; (13) Provide for and employ cost containment measures and requirements, including, but not limited to, preadmission screening, second surgical opinion, concurrent utilization review, disease management and individual case management, for the purpose of making the program more cost effective; (14) Design, utilize, contract or otherwise arrange for the delivery of cost effective health care services, including establishing or contracting with preferred provider organizations, health maintenance organizations and other limited network provider arrangements; and (15) Adopt bylaws, policies, procedures and a plan document detailing program benefits as may be necessary or convenient for the implementation of this part and the operation of the program. Amended by 2015 Tenn. Acts, ch. 185, s 4, eff. 4/22/2015. Acts 2006, ch. 867, §§ 3, 14.
Access Tennessee has the general powers and authority granted under the laws of this state to insurance companies licensed to transact the kinds of insurance defined under § 56-2-201 . In addition, Access Tennessee has the specific power to:
(1) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this part, including the authority, with the approval of the commissioner, to enter into contracts with similar programs in other states for the joint performance of common administrative functions, or with persons, other organizations or other state agencies for the performance of administrative functions;
(2) (A) Sue or be sued, including taking any legal actions necessary or proper to: (i) Avoid the payment of improper claims against the program or the coverage provided by or through the program; (ii) Recover any amounts erroneously or improperly paid by the program; (iii) Recover any amounts paid by the program as a result of mistake of fact or law; or (iv) Recover other amounts due the program. (B) For purposes of subdivision (2)(A), as well as for legal representation of Access Tennessee, Access Tennessee is considered to be an instrumentality of the state for the purpose of being represented by the attorney general and reporter, pursuant to § 8-6-109 ;
(A) Sue or be sued, including taking any legal actions necessary or proper to: (i) Avoid the payment of improper claims against the program or the coverage provided by or through the program; (ii) Recover any amounts erroneously or improperly paid by the program; (iii) Recover any amounts paid by the program as a result of mistake of fact or law; or (iv) Recover other amounts due the program.
(i) Avoid the payment of improper claims against the program or the coverage provided by or through the program;
(ii) Recover any amounts erroneously or improperly paid by the program;
(iii) Recover any amounts paid by the program as a result of mistake of fact or law; or
(iv) Recover other amounts due the program.
(B) For purposes of subdivision (2)(A), as well as for legal representation of Access Tennessee, Access Tennessee is considered to be an instrumentality of the state for the purpose of being represented by the attorney general and reporter, pursuant to § 8-6-109 ;
(3) Establish and modify, from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas and any other actuarial function appropriate to the operation of the program. Rates shall be determined in relation to the coverage provided, the risk experience, and expenses of providing coverage. Rates and risk schedules may be adjusted for age, tobacco use and weight and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices;
(4) Establish a program to provide premium assistance to low income individuals eligible to participate in the program;
(5) Purchase or issue policies of insurance in accordance with the requirements of this part;
(6) Appoint appropriate legal, actuarial and other committees as necessary, including advisory committees of external experts, to provide technical assistance in the operation of the program, policy and other contract design, and assistance with any other function within the authority of Access Tennessee;
(7) Request an annual audit by the comptroller of the treasury, as otherwise provided by law, or, with the prior written approval of the comptroller of the treasury, contract with an independent public accountant for the audit;
(8) Determine the eligibility requirements for program participants, in accordance with this part;
(9) Establish at least two (2) coverage options, pursuant to § 56-7-2910 ;
(10) Employ and set the compensation of, or contract with, any persons or entities necessary to assist Access Tennessee in carrying out its responsibilities and functions;
(11) Provide for reinsurance of risks incurred by the program;
(12) Issue additional types of health insurance policies to provide optional coverage;
(13) Provide for and employ cost containment measures and requirements, including, but not limited to, preadmission screening, second surgical opinion, concurrent utilization review, disease management and individual case management, for the purpose of making the program more cost effective;
(14) Design, utilize, contract or otherwise arrange for the delivery of cost effective health care services, including establishing or contracting with preferred provider organizations, health maintenance organizations and other limited network provider arrangements; and
(15) Adopt bylaws, policies, procedures and a plan document detailing program benefits as may be necessary or convenient for the implementation of this part and the operation of the program.
Amended by 2015 Tenn. Acts, ch. 185, s 4, eff. 4/22/2015.
Acts 2006, ch. 867, §§ 3, 14.
Tenn. Code Ann. § 56-20-105 — TN Code / Title 56 / Chapter 20 / Section 56-20-105
Limitation on and use of assessments
Status: in_force

The officers of the corporation shall not enter into any contract or agreement, or make any debt of any kind, except for payment of losses or damages as provided in § 56-20-104 , that will require an assessment of more than fifty cents (50¢) on each one hundred dollars ($100) of insurance in force. Neither shall the officers of any such company use for current expenses any money assessed for losses or damages, and all money for the expenses raised by assessment must be so stated in the notices calling for the assessment. Acts 1895, ch. 220, § 6; Shan., § 3359; Code 1932, § 6241; T.C.A. (orig. ed.), § 56-1905.
The officers of the corporation shall not enter into any contract or agreement, or make any debt of any kind, except for payment of losses or damages as provided in § 56-20-104 , that will require an assessment of more than fifty cents (50¢) on each one hundred dollars ($100) of insurance in force. Neither shall the officers of any such company use for current expenses any money assessed for losses or damages, and all money for the expenses raised by assessment must be so stated in the notices calling for the assessment.
Acts 1895, ch. 220, § 6; Shan., § 3359; Code 1932, § 6241; T.C.A. (orig. ed.), § 56-1905.
Tenn. Code Ann. § 56-9-407 — TN Code / Title 56 / Chapter 9 / Section 56-9-407
Liquidation proceedings in reciprocal state against insurer domiciled therein - Where claims filed and proved
Status: in_force

(a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove the claimant's claim in this state, the claimant shall file the claimant's claim with the liquidator in the manner provided in §§ 56-9-323 and 56-9-324 . The ancillary receiver shall make the ancillary receiver's recommendation to the court as under § 56-9-331 . The ancillary receiver shall also arrange a date for hearing if necessary under § 56-9-327 , and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty (40) days prior to the date set for hearing. If the domiciliary liquidator, within thirty (30) days after the giving of the notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of the domiciliary liquidator's intention to contest the claim, the domiciliary liquidator shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state. Acts 1991, ch. 142, § 4.
(a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove the claimant's claim in this state, the claimant shall file the claimant's claim with the liquidator in the manner provided in §§ 56-9-323 and 56-9-324 . The ancillary receiver shall make the ancillary receiver's recommendation to the court as under § 56-9-331 . The ancillary receiver shall also arrange a date for hearing if necessary under § 56-9-327 , and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty (40) days prior to the date set for hearing. If the domiciliary liquidator, within thirty (30) days after the giving of the notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of the domiciliary liquidator's intention to contest the claim, the domiciliary liquidator shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-26-121 — TN Code / Title 56 / Chapter 26 / Section 56-26-121
Acceptance of premiums after expiration of policy - Misstatement of age
Status: in_force

If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy. Acts 1955, ch. 4, § 8; T.C.A., § 56-3321.
If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
Acts 1955, ch. 4, § 8; T.C.A., § 56-3321.
Tenn. Code Ann. § 56-20-107 — TN Code / Title 56 / Chapter 20 / Section 56-20-107
Collection of assessments by officers - Individual liability for neglect
Status: in_force

The officers of every corporation subject to this chapter may proceed to collect any assessment, when due and unpaid for thirty (30) days. Refusal and neglect on their part to endeavor to collect the assessments, or to perform any of the duties imposed by this chapter, shall render them liable, individually, for the amount lost by any person who loses by their neglect or refusal, and an action can be maintained against the officers for the losses. Acts 1895, ch. 220, § 8; Shan., § 3364; Code 1932, § 6246; T.C.A. (orig. ed.), § 56-1907.
The officers of every corporation subject to this chapter may proceed to collect any assessment, when due and unpaid for thirty (30) days. Refusal and neglect on their part to endeavor to collect the assessments, or to perform any of the duties imposed by this chapter, shall render them liable, individually, for the amount lost by any person who loses by their neglect or refusal, and an action can be maintained against the officers for the losses.
Acts 1895, ch. 220, § 8; Shan., § 3364; Code 1932, § 6246; T.C.A. (orig. ed.), § 56-1907.
Tenn. Code Ann. § 56-29-101 — TN Code / Title 56 / Chapter 29 / Section 56-29-101
Purpose of chapter
Status: in_force

The purpose of this chapter is as described in this section, and it is the intention of this chapter to provide for the organization and operation of nonprofit hospital service corporations. However, it is not to be construed as prohibiting any insurance company properly qualified in this state to write accident, health or disability insurance to make available any plan of hospitalization that may be approved by the commissioner under other chapters of this code or within the authority granted in this chapter in the same manner and in the same means as granted to benevolent associations. Further, nothing in this chapter shall be construed as either granting to hospitals the authority to practice medicine or the authority to collect medical fees for physicians who serve on the hospital staff. Acts 1949, ch. 234, § 17; C. Supp. 1950, § 4186.59 (Williams, § 4186.62); T.C.A. (orig. ed.), § 56-3101.
The purpose of this chapter is as described in this section, and it is the intention of this chapter to provide for the organization and operation of nonprofit hospital service corporations. However, it is not to be construed as prohibiting any insurance company properly qualified in this state to write accident, health or disability insurance to make available any plan of hospitalization that may be approved by the commissioner under other chapters of this code or within the authority granted in this chapter in the same manner and in the same means as granted to benevolent associations. Further, nothing in this chapter shall be construed as either granting to hospitals the authority to practice medicine or the authority to collect medical fees for physicians who serve on the hospital staff.
Acts 1949, ch. 234, § 17; C. Supp. 1950, § 4186.59 (Williams, § 4186.62); T.C.A. (orig. ed.), § 56-3101.
Tenn. Code Ann. § 56-29-112 — TN Code / Title 56 / Chapter 29 / Section 56-29-112
Investment of corporation funds
Status: in_force

The funds of the service corporations, subject to this chapter, shall be invested only in securities permitted by the law of this state for the investment of assets of life insurance companies. Acts 1949, ch. 234, § 14; C. Supp. 1950, § 4186.56 (Williams, § 4186.59); T.C.A. (orig. ed.), § 56-3112.
The funds of the service corporations, subject to this chapter, shall be invested only in securities permitted by the law of this state for the investment of assets of life insurance companies.
Acts 1949, ch. 234, § 14; C. Supp. 1950, § 4186.56 (Williams, § 4186.59); T.C.A. (orig. ed.), § 56-3112.
Tenn. Code Ann. § 56-9-509 — TN Code / Title 56 / Chapter 9 / Section 56-9-509
Commissioner and supervisor - Meetings to carry out duties
Status: in_force

Notwithstanding any other law, the commissioner may meet with a supervisor appointed under this chapter and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under this chapter, to carry out the commissioner's duties under this chapter or for the supervisor to carry out the supervisor's duties under this chapter. Acts 1991, ch. 142, § 4.
Notwithstanding any other law, the commissioner may meet with a supervisor appointed under this chapter and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under this chapter, to carry out the commissioner's duties under this chapter or for the supervisor to carry out the supervisor's duties under this chapter.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-27-102 — TN Code / Title 56 / Chapter 27 / Section 56-27-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Beneficiary" means a person designated in the subscription certificate referred to in subdivision (9), as entitled to the medical services referred to in subdivision (9); (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Covered dependent" is the spouse, an adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate; (4) "Medical service plan" means a plan or arrangement under which medical services are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon at the expense of a medical service plan corporation or other person, in consideration of periodical prepayments made by the subscriber or another in the subscriber's behalf prior to the occurrence of the condition calling for the rendition of medical or surgical services; (5) "Medical service plan corporation" means a corporation organized without capital stock and not for profit, and incorporated in accordance with § 56-27-103 , specifically for the purpose of establishing, maintaining and operating a nonprofit medical service plan; (6) "Medical services" means the general and usual services and care rendered and administered by doctors of medicine. "Medical services" does not include hospital services; (7) "Participating physician" means a doctor of medicine licensed to practice medicine and surgery in this state under title 63, chapter 6, who agrees in writing with a medical service plan corporation to perform the medical services specified in the subscription certificates issued by the corporation, and at the rates of compensation as shall be determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating physicians; (8) "Person" includes a natural person, a copartnership, an association, a common-law trust or a corporation; and (9) "Subscriber" means a person to whom a subscription certificate is issued by a medical service plan corporation that sets forth the beneficiaries and the kinds and extent of the medical services for which the corporation is liable to make payment. Acts 1945, ch. 113, § 1; C. Supp. 1950, § 4186.18; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-2902.
As used in this chapter, unless the context otherwise requires:
(1) "Beneficiary" means a person designated in the subscription certificate referred to in subdivision (9), as entitled to the medical services referred to in subdivision (9);
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Covered dependent" is the spouse, an adult dependent or child of a subscriber who is named in the subscription certificate issued to the subscriber, and with respect to whom appropriate premium is specified in the certificate;
(4) "Medical service plan" means a plan or arrangement under which medical services are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon at the expense of a medical service plan corporation or other person, in consideration of periodical prepayments made by the subscriber or another in the subscriber's behalf prior to the occurrence of the condition calling for the rendition of medical or surgical services;
(5) "Medical service plan corporation" means a corporation organized without capital stock and not for profit, and incorporated in accordance with § 56-27-103 , specifically for the purpose of establishing, maintaining and operating a nonprofit medical service plan;
(6) "Medical services" means the general and usual services and care rendered and administered by doctors of medicine. "Medical services" does not include hospital services;
(7) "Participating physician" means a doctor of medicine licensed to practice medicine and surgery in this state under title 63, chapter 6, who agrees in writing with a medical service plan corporation to perform the medical services specified in the subscription certificates issued by the corporation, and at the rates of compensation as shall be determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating physicians;
(8) "Person" includes a natural person, a copartnership, an association, a common-law trust or a corporation; and
(9) "Subscriber" means a person to whom a subscription certificate is issued by a medical service plan corporation that sets forth the beneficiaries and the kinds and extent of the medical services for which the corporation is liable to make payment.
Acts 1945, ch. 113, § 1; C. Supp. 1950, § 4186.18; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-2902.
Tenn. Code Ann. § 56-7-2306 — TN Code / Title 56 / Chapter 7 / Section 56-7-2306
Group life insurance - Prior policies unaffected
Status: in_force

Section 56-7-2305 does not apply to any policy or contract of group life insurance legally in effect March 8, 1957, or any renewal or renewals of the policy or contract. Acts 1957, ch. 122, § 3; T.C.A., § 56-1143; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-602.
Section 56-7-2305 does not apply to any policy or contract of group life insurance legally in effect March 8, 1957, or any renewal or renewals of the policy or contract.
Acts 1957, ch. 122, § 3; T.C.A., § 56-1143; Acts 1992, ch. 984, § 1; T.C.A., § 56-7-602.
Tenn. Code Ann. § 56-9-510 — TN Code / Title 56 / Chapter 9 / Section 56-9-510
Commissioner and department - Limitation of liability
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter. Acts 1991, ch. 142, § 4.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-35-114 — TN Code / Title 56 / Chapter 35 / Section 56-35-114
Reserve fund of domestic insurers
Status: in_force

Every domestic insurer shall annually set apart, at the end of each year, into an account to be known as "Title Insurance Reserve," an amount equal to ten percent (10%) of the risk rates collected, during the year then ending, by the insurer on account of the title insurance business, until the insurer has a fund totaling one hundred thousand dollars ($100,000). The reserve shall be maintained in the treasury of the insurer as additional security to holders of title insurance policies or guarantees issued by the insurer. The insurer shall, on or before March 1 of each year, furnish the commissioner a sworn statement, verified by its president and secretary and under its corporate seal, showing that the sum of ten percent (10%) of all the risk rates so received by it during the year ending on December 31 next prior thereto, has been duly set aside and is held by the insurer in the title insurance reserve. Acts 1955, ch. 173, § 9; T.C.A., § 56-3414; Acts 1980, ch. 857, § 4.
Every domestic insurer shall annually set apart, at the end of each year, into an account to be known as "Title Insurance Reserve," an amount equal to ten percent (10%) of the risk rates collected, during the year then ending, by the insurer on account of the title insurance business, until the insurer has a fund totaling one hundred thousand dollars ($100,000). The reserve shall be maintained in the treasury of the insurer as additional security to holders of title insurance policies or guarantees issued by the insurer. The insurer shall, on or before March 1 of each year, furnish the commissioner a sworn statement, verified by its president and secretary and under its corporate seal, showing that the sum of ten percent (10%) of all the risk rates so received by it during the year ending on December 31 next prior thereto, has been duly set aside and is held by the insurer in the title insurance reserve.
Acts 1955, ch. 173, § 9; T.C.A., § 56-3414; Acts 1980, ch. 857, § 4.
Tenn. Code Ann. § 56-9-325 — TN Code / Title 56 / Chapter 9 / Section 56-9-325
Contingent claims - Claims made under employment contracts
Status: in_force

(a) The claim of a third party which is contingent only on the third party's first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (b) A claim may be allowed even if contingent, if it is filed in accordance with § 56-9-323 . It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that the claims may be discounted at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under § 56-9-302 or § 56-9-307 . Acts 1991, ch. 142, § 4.
(a) The claim of a third party which is contingent only on the third party's first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.
(b) A claim may be allowed even if contingent, if it is filed in accordance with § 56-9-323 . It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
(c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that the claims may be discounted at the legal rate of interest.
(d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under § 56-9-302 or § 56-9-307 .
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-6-505 — TN Code / Title 56 / Chapter 6 / Section 56-6-505
Insurers doing business with an MGA - Requirements
Status: in_force

(a) The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has done business. (b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification. (c) The insurer shall periodically, at least semi-annually, conduct an on-site review of the underwriting and claims processing operations of the MGA. (d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA. (e) Within thirty (30) days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of the appointment or termination to the commissioner. Notices of appointment of an MGA shall include a statement of duties that the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request. (f) (1) An insurer shall review its books and records each quarter to determine if any producer, as defined by § 56-6-602 , has become, by operation of § 56-6-502(3) , an MGA. (2) If the insurer determines that a producer has become an MGA pursuant to subdivision (f)(1), the insurer shall promptly notify the producer and the commissioner of that determination, and the insurer and producer must fully comply with this part within thirty (30) days. (g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer or controlling shareholder of its MGAs. This subsection (g) shall not apply to relationships governed by the Insurance Holding Company Act, compiled in chapter 11 of this title, or, if applicable, the Business Transacted with Producer Controlled Property/Casualty Insurer Act, compiled in part 6 of this chapter. Acts 1991, ch. 142, § 7.
(a) The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has done business.
(b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification.
(c) The insurer shall periodically, at least semi-annually, conduct an on-site review of the underwriting and claims processing operations of the MGA.
(d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA.
(e) Within thirty (30) days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of the appointment or termination to the commissioner. Notices of appointment of an MGA shall include a statement of duties that the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.
(f) (1) An insurer shall review its books and records each quarter to determine if any producer, as defined by § 56-6-602 , has become, by operation of § 56-6-502(3) , an MGA. (2) If the insurer determines that a producer has become an MGA pursuant to subdivision (f)(1), the insurer shall promptly notify the producer and the commissioner of that determination, and the insurer and producer must fully comply with this part within thirty (30) days.
(1) An insurer shall review its books and records each quarter to determine if any producer, as defined by § 56-6-602 , has become, by operation of § 56-6-502(3) , an MGA.
(2) If the insurer determines that a producer has become an MGA pursuant to subdivision (f)(1), the insurer shall promptly notify the producer and the commissioner of that determination, and the insurer and producer must fully comply with this part within thirty (30) days.
(g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer or controlling shareholder of its MGAs. This subsection (g) shall not apply to relationships governed by the Insurance Holding Company Act, compiled in chapter 11 of this title, or, if applicable, the Business Transacted with Producer Controlled Property/Casualty Insurer Act, compiled in part 6 of this chapter.
Acts 1991, ch. 142, § 7.
Tenn. Code Ann. § 56-7-3304 — TN Code / Title 56 / Chapter 7 / Section 56-7-3304
Applicability of part
Status: in_force

This part shall not apply to a contract between a health care provider and the state or federal government or their agencies for health care services provided through a program for medicare; the state group insurance program; TennCare or any successor program provided for in title 71, chapter 5; the CoverKids Act of 2006 provided for in title 71, chapter 3, part 11; the Cover Tennessee Act of 2006 provided for in chapter 7, part 30 of this title [repealed]; or the Access Tennessee Act of 2006 provided for in chapter 7, part 29 of this title. Acts 2009, ch. 334, § 5.
This part shall not apply to a contract between a health care provider and the state or federal government or their agencies for health care services provided through a program for medicare; the state group insurance program; TennCare or any successor program provided for in title 71, chapter 5; the CoverKids Act of 2006 provided for in title 71, chapter 3, part 11; the Cover Tennessee Act of 2006 provided for in chapter 7, part 30 of this title [repealed]; or the Access Tennessee Act of 2006 provided for in chapter 7, part 29 of this title.
Acts 2009, ch. 334, § 5.
Tenn. Code Ann. § 56-27-104 — TN Code / Title 56 / Chapter 27 / Section 56-27-104
Articles of incorporation and amendments - Approval by commissioner
Status: in_force

The articles of incorporation of the corporation and amendments to the articles shall be submitted to the commissioner, and shall be subject to the commissioner's approval, which shall be endorsed on the articles or the amendments before they are filed with the secretary of state; provided, that if the articles of incorporation of the corporation have been filed with the secretary of state prior to February 27, 1945, the approval of the articles by the commissioner shall be evidenced by a separate instrument in writing filed with the secretary of state. Acts 1945, ch. 113, § 5; C. Supp. 1950, § 4186.22; T.C.A. (orig. ed.), § 56-2904.
The articles of incorporation of the corporation and amendments to the articles shall be submitted to the commissioner, and shall be subject to the commissioner's approval, which shall be endorsed on the articles or the amendments before they are filed with the secretary of state; provided, that if the articles of incorporation of the corporation have been filed with the secretary of state prior to February 27, 1945, the approval of the articles by the commissioner shall be evidenced by a separate instrument in writing filed with the secretary of state.
Acts 1945, ch. 113, § 5; C. Supp. 1950, § 4186.22; T.C.A. (orig. ed.), § 56-2904.
Tenn. Code Ann. § 56-16-101 — TN Code / Title 56 / Chapter 16 / Section 56-16-101
Short title - Applicability
Status: in_force

(a) This chapter shall be known and may be cited as the "Exchange or Reciprocal Insurance Act of 1990." (b) This chapter shall apply to all reciprocals and reciprocal insurance as defined in § 56-16-102 . Acts 1990, ch. 728, § 1; T.C.A. § 56-16-201 .
(a) This chapter shall be known and may be cited as the "Exchange or Reciprocal Insurance Act of 1990."
(b) This chapter shall apply to all reciprocals and reciprocal insurance as defined in § 56-16-102 .
Acts 1990, ch. 728, § 1; T.C.A. § 56-16-201 .
Tenn. Code Ann. § 56-30-130 — TN Code / Title 56 / Chapter 30 / Section 56-30-130
Construction of chapter
Status: in_force

This chapter is not to be construed as prohibiting any insurance company, properly qualified in this state to write accident or health or disability insurance, from making available any plan of dental service that may be approved by the commissioner under existing statutes or within the authority granted in this chapter, in the same manner and in the same means as granted to benevolent associations. Acts 1961, ch. 340, § 30; T.C.A., § 56-3531.
This chapter is not to be construed as prohibiting any insurance company, properly qualified in this state to write accident or health or disability insurance, from making available any plan of dental service that may be approved by the commissioner under existing statutes or within the authority granted in this chapter, in the same manner and in the same means as granted to benevolent associations.
Acts 1961, ch. 340, § 30; T.C.A., § 56-3531.
Tenn. Code Ann. § 56-27-110 — TN Code / Title 56 / Chapter 27 / Section 56-27-110
License required
Status: in_force

A corporation subject to this chapter may issue contracts only when the commissioner has by formal license authorized it to do so. Acts 1945, ch. 113, § 7; C. Supp. 1950, § 4186.24; T.C.A. (orig. ed.), § 56-2910.
A corporation subject to this chapter may issue contracts only when the commissioner has by formal license authorized it to do so.
Acts 1945, ch. 113, § 7; C. Supp. 1950, § 4186.24; T.C.A. (orig. ed.), § 56-2910.
Tenn. Code Ann. § 56-6-907 — TN Code / Title 56 / Chapter 6 / Section 56-6-907
Exemptions from examination
Status: in_force

(a) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to take or complete any prelicensing examination. This exemption is only available if the individual is currently licensed in that state, or if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license, and: (1) The prior state issues a certification that, at the time of cancellation or termination, the applicant was in good standing in that state or the state's producer database records; or (2) Records maintained by the NAIC, its affiliates or subsidiaries, indicate that the public adjuster is or was licensed in good standing at the time of cancellation or termination. (b) A person licensed as a public adjuster in another state, based on a public adjuster examination, who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee, pursuant to § 56-6-905 . No prelicensing examination shall be required of that person to obtain a public adjuster license. (c) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license in this state, and if, at the time of cancellation or termination, the applicant was in good standing in this state. Acts 2006, ch. 997, § 8.
(a) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to take or complete any prelicensing examination. This exemption is only available if the individual is currently licensed in that state, or if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license, and: (1) The prior state issues a certification that, at the time of cancellation or termination, the applicant was in good standing in that state or the state's producer database records; or (2) Records maintained by the NAIC, its affiliates or subsidiaries, indicate that the public adjuster is or was licensed in good standing at the time of cancellation or termination.
(1) The prior state issues a certification that, at the time of cancellation or termination, the applicant was in good standing in that state or the state's producer database records; or
(2) Records maintained by the NAIC, its affiliates or subsidiaries, indicate that the public adjuster is or was licensed in good standing at the time of cancellation or termination.
(b) A person licensed as a public adjuster in another state, based on a public adjuster examination, who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee, pursuant to § 56-6-905 . No prelicensing examination shall be required of that person to obtain a public adjuster license.
(c) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license in this state, and if, at the time of cancellation or termination, the applicant was in good standing in this state.
Acts 2006, ch. 997, § 8.
Tenn. Code Ann. § 56-43-108 — TN Code / Title 56 / Chapter 43 / Section 56-43-108
Reports by insurers
Status: in_force

An insurer shall annually, on or before March 1, file with the commissioner a report verified by at least two (2) principal officers. The report shall be on forms prescribed by the commissioner and shall include: (1) A financial statement of the insurer's legal insurance business including: (A) Its balance sheet; and (B) Its receipts and disbursements for the preceding year; (2) Any material changes in the information submitted pursuant to § 56-43-105 ; (3) Such information about the number of persons protected and terminated as may be prescribed by the commissioner; and (4) Such other information relating to the performance of the insurer as is necessary to enable the commissioner to carry out the commissioner's duties under this chapter. Acts 1989, ch. 423, § 7.
An insurer shall annually, on or before March 1, file with the commissioner a report verified by at least two (2) principal officers. The report shall be on forms prescribed by the commissioner and shall include:
(1) A financial statement of the insurer's legal insurance business including: (A) Its balance sheet; and (B) Its receipts and disbursements for the preceding year;
(A) Its balance sheet; and
(B) Its receipts and disbursements for the preceding year;
(2) Any material changes in the information submitted pursuant to § 56-43-105 ;
(3) Such information about the number of persons protected and terminated as may be prescribed by the commissioner; and
(4) Such other information relating to the performance of the insurer as is necessary to enable the commissioner to carry out the commissioner's duties under this chapter.
Acts 1989, ch. 423, § 7.
Tenn. Code Ann. § 56-21-111 — TN Code / Title 56 / Chapter 21 / Section 56-21-111
Annual report to commissioner - Fee
Status: in_force

Every company subject to this chapter shall make an annual report to the commissioner, by March 1 of each year as of December 31 of the preceding year, on blank forms prepared and furnished by the commissioner for that purpose, setting forth the transactions of the company during the previous year, showing its condition at the close of the year, and shall pay to the commissioner a fee of fifty dollars ($50.00) at the time of filing the statement. Acts 1907, ch. 461, § 11; Shan., § 3369a27; Acts 1921, ch. 160, § 11; Code 1932, § 6278; Acts 1972, ch. 703, § 2; 1979, ch. 298, § 3; T.C.A. (orig. ed.), § 56-2013.
Every company subject to this chapter shall make an annual report to the commissioner, by March 1 of each year as of December 31 of the preceding year, on blank forms prepared and furnished by the commissioner for that purpose, setting forth the transactions of the company during the previous year, showing its condition at the close of the year, and shall pay to the commissioner a fee of fifty dollars ($50.00) at the time of filing the statement.
Acts 1907, ch. 461, § 11; Shan., § 3369a27; Acts 1921, ch. 160, § 11; Code 1932, § 6278; Acts 1972, ch. 703, § 2; 1979, ch. 298, § 3; T.C.A. (orig. ed.), § 56-2013.
Tenn. Code Ann. § 56-1-913 — TN Code / Title 56 / Chapter 1 / Section 56-1-913
Minimum standard for accident and health insurance contracts
Status: in_force

(a) For accident and health insurance contracts issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under § 56-1-902(b) . (b) For disability, accident and sickness, accident and health insurance contracts issued on or after January 1, 1962, and prior to the operative date of the valuation manual, the minimum standard of valuation is the standard adopted by the commissioner by regulation. Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
(a) For accident and health insurance contracts issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under § 56-1-902(b) .
(b) For disability, accident and sickness, accident and health insurance contracts issued on or after January 1, 1962, and prior to the operative date of the valuation manual, the minimum standard of valuation is the standard adopted by the commissioner by regulation.
Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-1-307 — TN Code / Title 56 / Chapter 1 / Section 56-1-307
Per diem and travel expenses of board, commission or agency members
Status: in_force

(a) Members of each board, commission, or agency attached to the division of regulatory boards created under § 4-3-1303 shall receive the sum of fifty dollars ($50.00) for each day actually spent in the performance of their official duties. (b) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1984, ch. 676, § 13.
(a) Members of each board, commission, or agency attached to the division of regulatory boards created under § 4-3-1303 shall receive the sum of fifty dollars ($50.00) for each day actually spent in the performance of their official duties.
(b) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1984, ch. 676, § 13.
Tenn. Code Ann. § 56-37-117 — TN Code / Title 56 / Chapter 37 / Section 56-37-117
Agent for channeling information
Status: in_force

The commissioner is authorized to use a multi-state automated licensing system as an agent for channeling information, whether criminal or noncriminal in nature, and whether derived from or distributed to the United States department of justice, any other state or federal governmental agency, or any other source that the commissioner is authorized to request or distribute under this chapter. Added by 2017 Tenn. Acts, ch. 122,s 14, eff. 7/1/2018.
The commissioner is authorized to use a multi-state automated licensing system as an agent for channeling information, whether criminal or noncriminal in nature, and whether derived from or distributed to the United States department of justice, any other state or federal governmental agency, or any other source that the commissioner is authorized to request or distribute under this chapter.
Added by 2017 Tenn. Acts, ch. 122,s 14, eff. 7/1/2018.
Tenn. Code Ann. § 56-9-314 — TN Code / Title 56 / Chapter 9 / Section 56-9-314
List of insurer's assets - Where filed - Liquidation of assets
Status: in_force

(a) As soon as practicable after the liquidation order, but not later than one hundred twenty (120) days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One (1) copy shall be filed in the office of the clerk of the chancery court of Davidson County and one (1) copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed. (b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation. (c) A submission to the court for disbursement of assets in accordance with § 56-9-322 fulfills the requirements of subsection (a). Acts 1991, ch. 142, § 4.
(a) As soon as practicable after the liquidation order, but not later than one hundred twenty (120) days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One (1) copy shall be filed in the office of the clerk of the chancery court of Davidson County and one (1) copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed.
(b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation.
(c) A submission to the court for disbursement of assets in accordance with § 56-9-322 fulfills the requirements of subsection (a).
Acts 1991, ch. 142, § 4.
Tenn. Code Ann. § 56-13-106 — TN Code / Title 56 / Chapter 13 / Section 56-13-106
Restrictions on dividends on or distributions from capital or surplus
Status: in_force

No captive insurance company shall pay a dividend out of, or other distribution with respect to, capital or surplus without the prior approval of the commissioner. Approval of an ongoing plan for the payment of dividends or other distributions shall be conditioned upon the retention, at the time of each payment, of capital or surplus in excess of amounts specified by, or determined in accordance with formulas approved by the commissioner. A captive insurance company may otherwise make such distributions as are in conformity with its purposes and approved by the commissioner. Acts 2011, ch. 468, § 1.
No captive insurance company shall pay a dividend out of, or other distribution with respect to, capital or surplus without the prior approval of the commissioner. Approval of an ongoing plan for the payment of dividends or other distributions shall be conditioned upon the retention, at the time of each payment, of capital or surplus in excess of amounts specified by, or determined in accordance with formulas approved by the commissioner. A captive insurance company may otherwise make such distributions as are in conformity with its purposes and approved by the commissioner.
Acts 2011, ch. 468, § 1.
Tenn. Code Ann. § 56-28-111 — TN Code / Title 56 / Chapter 28 / Section 56-28-111
Annual statement
Status: in_force

The service corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year and showing financial condition as of December 31 then next preceding, in such form and content as the commissioner shall prescribe, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00). Acts 1945, ch. 98, § 8; C. Supp. 1950, § 4186.8; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 298, § 7; T.C.A. (orig. ed.), § 56-3011.
The service corporation shall annually, on or before March 1, file in the office of the department a statement of its operations for the calendar year and showing financial condition as of December 31 then next preceding, in such form and content as the commissioner shall prescribe, signed and sworn to by its president and secretary, or other proper officers, and shall pay for the filing of the statement the sum of fifty dollars ($50.00).
Acts 1945, ch. 98, § 8; C. Supp. 1950, § 4186.8; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 298, § 7; T.C.A. (orig. ed.), § 56-3011.
Tenn. Code Ann. § 56-1-912 — TN Code / Title 56 / Chapter 1 / Section 56-1-912
Reserve calculation - Indeterminate premium plans
Status: in_force

In the case of a plan of life insurance that provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of a plan of life insurance or annuity that is of such a nature that the minimum reserves cannot be determined by the methods described in §§ 56-1-907 , 56-1-908 and 56-1-911 , the reserves that are held under the plan shall, as determined by regulations promulgated by the commissioner: (1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and (2) Be computed by a method that is consistent with the principles of this part. Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
In the case of a plan of life insurance that provides for future premium determination, the amounts of which are to be determined by the insurance company based on then estimates of future experience, or in the case of a plan of life insurance or annuity that is of such a nature that the minimum reserves cannot be determined by the methods described in §§ 56-1-907 , 56-1-908 and 56-1-911 , the reserves that are held under the plan shall, as determined by regulations promulgated by the commissioner:
(1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and
(2) Be computed by a method that is consistent with the principles of this part.
Added by 2013 Tenn. Acts, ch. 260,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 56-15-103 — TN Code / Title 56 / Chapter 15 / Section 56-15-103
Condition of doing business - Attorney upon whom may be served process against company
Status: in_force

No such company, organized under the laws of any sovereignty other than this state, shall do business under this chapter until it has appointed the commissioner its true and lawful attorney as required and provided by § 56-2-103 , upon whom may be served all lawful process against the company in accordance with § 56-2-504 . Acts 1895, ch. 175, § 2; Shan., § 2215; mod. Code 1932, § 3947; Acts 1967, ch. 240, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1403.
No such company, organized under the laws of any sovereignty other than this state, shall do business under this chapter until it has appointed the commissioner its true and lawful attorney as required and provided by § 56-2-103 , upon whom may be served all lawful process against the company in accordance with § 56-2-504 .
Acts 1895, ch. 175, § 2; Shan., § 2215; mod. Code 1932, § 3947; Acts 1967, ch. 240, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-1403.
Tenn. Code Ann. § 56-5-112 — TN Code / Title 56 / Chapter 5 / Section 56-5-112
Plans for reporting loss and expense experience
Status: in_force

(a) Insurers shall file with the commissioner, and the commissioner shall review, reasonable rules and plans for recording and reporting of loss and expense experience in appropriate form and detail. The commissioner may designate one (1) or more rate service organizations or advisory organizations to assist in gathering the experience and making compilations. No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system; provided, that for workers' compensation insurance, all insurers shall use the classification system and statistical plan of the rate service organization designated by the commissioner. (b) The commissioner and every insurer, rate service organization and advisory organization may exchange information and experience data with insurance regulatory officials, insurers, rate service organizations and advisory organizations in this and other states and may consult with them with respect to ratemaking and the application of rating systems. Acts 1983, ch. 66, § 13.
(a) Insurers shall file with the commissioner, and the commissioner shall review, reasonable rules and plans for recording and reporting of loss and expense experience in appropriate form and detail. The commissioner may designate one (1) or more rate service organizations or advisory organizations to assist in gathering the experience and making compilations. No insurer shall be required to record or report its experience on a classification basis inconsistent with its own rating system; provided, that for workers' compensation insurance, all insurers shall use the classification system and statistical plan of the rate service organization designated by the commissioner.
(b) The commissioner and every insurer, rate service organization and advisory organization may exchange information and experience data with insurance regulatory officials, insurers, rate service organizations and advisory organizations in this and other states and may consult with them with respect to ratemaking and the application of rating systems.
Acts 1983, ch. 66, § 13.
Tenn. Code Ann. § 56-2-602 — TN Code / Title 56 / Chapter 2 / Section 56-2-602
Acts constituting commissioner as attorney for service of process
Status: in_force

(a) Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer, is equivalent to and shall constitute an appointment by the insurer of the commissioner and the commissioner's successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contract of insurance: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state; (2) The solicitation of applications for the contracts; (3) The collection of premiums, membership fees, assessments or other considerations for the contracts; or (4) Any other transaction of insurance business. (b) Any of the acts mentioned in subdivsions (a)(1)-(4) shall be signification of the insurer's agreement that the service of process is of the same legal force and validity as personal service of process in this state upon the insurer. Acts 1955, ch. 2, § 2; T.C.A., § 56-328; modified; T.C.A., § 56-247.
(a) Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer, is equivalent to and shall constitute an appointment by the insurer of the commissioner and the commissioner's successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contract of insurance: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state; (2) The solicitation of applications for the contracts; (3) The collection of premiums, membership fees, assessments or other considerations for the contracts; or (4) Any other transaction of insurance business.
(1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state;
(2) The solicitation of applications for the contracts;
(3) The collection of premiums, membership fees, assessments or other considerations for the contracts; or
(4) Any other transaction of insurance business.
(b) Any of the acts mentioned in subdivsions (a)(1)-(4) shall be signification of the insurer's agreement that the service of process is of the same legal force and validity as personal service of process in this state upon the insurer.
Acts 1955, ch. 2, § 2; T.C.A., § 56-328; modified; T.C.A., § 56-247.
Tenn. Code Ann. § 56-29-109 — TN Code / Title 56 / Chapter 29 / Section 56-29-109
Working capital provided by disinterested groups or individuals - Repayment - Interest
Status: in_force

The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of the hospital service corporations, or by any member hospitals. Interest charged for the capital, if any, shall not exceed six percent (6%), and payment of interest, if any, and repayment of the working capital shall be permitted only after provision has been adequately made for operating expenses, payments to member hospitals and the establishment of legal reserves and other reserves that may be required by the commissioner. The amount of money actually available for working capital shall be sufficient to carry all acquisition costs and operating expenses for a period of at least three (3) months from the date of the issuance of the certificate. Acts 1949, ch. 234, § 8; C. Supp. 1950, § 4186.50 (Williams, § 4186.53); T.C.A. (orig. ed.), § 56-3109.
The amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of the hospital service corporations, or by any member hospitals. Interest charged for the capital, if any, shall not exceed six percent (6%), and payment of interest, if any, and repayment of the working capital shall be permitted only after provision has been adequately made for operating expenses, payments to member hospitals and the establishment of legal reserves and other reserves that may be required by the commissioner. The amount of money actually available for working capital shall be sufficient to carry all acquisition costs and operating expenses for a period of at least three (3) months from the date of the issuance of the certificate.
Acts 1949, ch. 234, § 8; C. Supp. 1950, § 4186.50 (Williams, § 4186.53); T.C.A. (orig. ed.), § 56-3109.
Tenn. Code Ann. § 56-25-405 — TN Code / Title 56 / Chapter 25 / Section 56-25-405
Nonforfeiture benefits, cash surrender values, loans or other options
Status: in_force

(a) For certificates issued prior to one (1) year after January 1, 1991, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender, loan or other option granted shall comply with law applicable immediately prior to January 1, 1991. (b) For certificates issued on or after January 1, 1992, for which reserves are computed on the commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial table or the commissioner's 1958 standard ordinary mortality table, or the commissioner's 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon the tables. Acts 1990, ch. 703, § 1.
(a) For certificates issued prior to one (1) year after January 1, 1991, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender, loan or other option granted shall comply with law applicable immediately prior to January 1, 1991.
(b) For certificates issued on or after January 1, 1992, for which reserves are computed on the commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial table or the commissioner's 1958 standard ordinary mortality table, or the commissioner's 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon the tables.
Acts 1990, ch. 703, § 1.
Tenn. Code Ann. § 56-21-128 — TN Code / Title 56 / Chapter 21 / Section 56-21-128
Regular policies, assessments and premium rates apply to reinsurance
Status: in_force

When any company subject to this chapter agrees to reinsure for another state or county mutual fire insurance company the whole or any part of the risk, as authorized by § 56-21-124 , it shall issue its regular policy of insurance for the amount of the risk, or part thereof so reinsured upon application therefor, and the company whose risk, in part or in whole, is reinsured, shall be liable to assessments or to pay a premium at the same rate as other members of the company for like insurance. Acts 1925, ch. 85, § 2; Shan. Supp., § 3369a29b3; Code 1932, § 6281; T.C.A. (orig. ed.), § 56-2030.
When any company subject to this chapter agrees to reinsure for another state or county mutual fire insurance company the whole or any part of the risk, as authorized by § 56-21-124 , it shall issue its regular policy of insurance for the amount of the risk, or part thereof so reinsured upon application therefor, and the company whose risk, in part or in whole, is reinsured, shall be liable to assessments or to pay a premium at the same rate as other members of the company for like insurance.
Acts 1925, ch. 85, § 2; Shan. Supp., § 3369a29b3; Code 1932, § 6281; T.C.A. (orig. ed.), § 56-2030.
Tenn. Code Ann. § 56-61-125 — TN Code / Title 56 / Chapter 61 / Section 56-61-125
Disclosure requirements
Status: in_force

(a) Each health carrier shall include a description of the external review procedures in or attached to the membership booklet, provider manual, and health carrier's web site. The health carrier may include a description of the external review procedures in the policy, certificate, outline of coverage, or other evidence of coverage provided to covered persons and providers. (b) The disclosure required by subsection (a) shall be in a format prescribed by the commissioner. (c) The description required under subsection (a) shall include a statement that informs the aggrieved person of the aggrieved person's right to file a request for an external review of an adverse determination or final adverse determination with the carrier. The statement shall include the telephone number and address of the commissioner. (d) In addition to subsection (b), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review. Acts 2010, ch. 980, § 26.
(a) Each health carrier shall include a description of the external review procedures in or attached to the membership booklet, provider manual, and health carrier's web site. The health carrier may include a description of the external review procedures in the policy, certificate, outline of coverage, or other evidence of coverage provided to covered persons and providers.
(b) The disclosure required by subsection (a) shall be in a format prescribed by the commissioner.
(c) The description required under subsection (a) shall include a statement that informs the aggrieved person of the aggrieved person's right to file a request for an external review of an adverse determination or final adverse determination with the carrier. The statement shall include the telephone number and address of the commissioner.
(d) In addition to subsection (b), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Acts 2010, ch. 980, § 26.
Tenn. Code Ann. § 56-21-114 — TN Code / Title 56 / Chapter 21 / Section 56-21-114
Policy and its prescribed requisites constitute the contract
Status: in_force

The insurance contracts of all such companies shall be made to conform to this chapter, and shall consist of the policy proper; the constitution and bylaws of the company, which must be attached to or printed on the policy; all endorsements made on or attached to the policy; the parts of the application as are attached to or incorporated in the insurance contract; and any premium note, or other policy obligation given by the insured, all of which shall be binding on the insured as long as the insured remains a member of or policyholder in the company. Acts 1907, ch. 461, § 8; Shan., § 3369a24; Acts 1921, ch. 160, § 8; Code 1932, § 6275; T.C.A. (orig. ed.), § 56-2016.
The insurance contracts of all such companies shall be made to conform to this chapter, and shall consist of the policy proper; the constitution and bylaws of the company, which must be attached to or printed on the policy; all endorsements made on or attached to the policy; the parts of the application as are attached to or incorporated in the insurance contract; and any premium note, or other policy obligation given by the insured, all of which shall be binding on the insured as long as the insured remains a member of or policyholder in the company.
Acts 1907, ch. 461, § 8; Shan., § 3369a24; Acts 1921, ch. 160, § 8; Code 1932, § 6275; T.C.A. (orig. ed.), § 56-2016.
Tenn. Code Ann. § 56-61-122 — TN Code / Title 56 / Chapter 61 / Section 56-61-122
Hold harmless for external review organizations
Status: in_force

No external review organization or clinical reviewer working on behalf of an external review organization or an employee, agent or contractor of an external review organization shall be liable in damages to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this chapter, unless the opinion was rendered or act or omission performed in bad faith or involved gross negligence. Acts 2010, ch. 980, § 23.
No external review organization or clinical reviewer working on behalf of an external review organization or an employee, agent or contractor of an external review organization shall be liable in damages to any person for any opinions rendered or acts or omissions performed within the scope of the organization's or person's duties under the law during or upon completion of an external review conducted pursuant to this chapter, unless the opinion was rendered or act or omission performed in bad faith or involved gross negligence.
Acts 2010, ch. 980, § 23.
Tenn. Code Ann. § 56-7-1114 — TN Code / Title 56 / Chapter 7 / Section 56-7-1114
Automobile glass replacement or repair - Fraudulent and deceptive practices - Damages
Status: in_force

(a) It is an unfair, deceptive, and/or fraudulent act for any person or entity engaged in automobile glass replacement or glass repair services or the provision of automobile glass products to knowingly: (1) Offer to finance payment of the customer's deductible on terms different from terms offered to customers not making an insurance claim; (2) Engage in a pattern or practice, on more than an occasional or isolated instance, of promising or offering to provide any credit, incentive, gift, rebate or special financing arrangement in satisfaction of all or part of an insurance deductible and/or co-payment owed by an insured under a policy of insurance; (3) Advertise, promote, or represent by any media, telemarketers or others, that services are free, if in fact an insurer will pay for the service and/or advertise or make offers for the purpose of soliciting a claim against a property or casualty insurance carrier; or (4) Engage in a pattern or practice, on more than an occasional or isolated instance of offering to defer collection of, discount, or issue a repayment of a customer's deductible based in whole, or in part, on the availability of insurance coverage. (b) Any person or entity who suffers an economic loss as a result of the violation of this section may bring an action to recover actual damages in a court of competent jurisdiction in the county where the violation occurred or in any county where the defendant resides or conducts, transacts, or has transacted business. Acts 2000, ch. 650, § 1.
(a) It is an unfair, deceptive, and/or fraudulent act for any person or entity engaged in automobile glass replacement or glass repair services or the provision of automobile glass products to knowingly: (1) Offer to finance payment of the customer's deductible on terms different from terms offered to customers not making an insurance claim; (2) Engage in a pattern or practice, on more than an occasional or isolated instance, of promising or offering to provide any credit, incentive, gift, rebate or special financing arrangement in satisfaction of all or part of an insurance deductible and/or co-payment owed by an insured under a policy of insurance; (3) Advertise, promote, or represent by any media, telemarketers or others, that services are free, if in fact an insurer will pay for the service and/or advertise or make offers for the purpose of soliciting a claim against a property or casualty insurance carrier; or (4) Engage in a pattern or practice, on more than an occasional or isolated instance of offering to defer collection of, discount, or issue a repayment of a customer's deductible based in whole, or in part, on the availability of insurance coverage.
(1) Offer to finance payment of the customer's deductible on terms different from terms offered to customers not making an insurance claim;
(2) Engage in a pattern or practice, on more than an occasional or isolated instance, of promising or offering to provide any credit, incentive, gift, rebate or special financing arrangement in satisfaction of all or part of an insurance deductible and/or co-payment owed by an insured under a policy of insurance;
(3) Advertise, promote, or represent by any media, telemarketers or others, that services are free, if in fact an insurer will pay for the service and/or advertise or make offers for the purpose of soliciting a claim against a property or casualty insurance carrier; or
(4) Engage in a pattern or practice, on more than an occasional or isolated instance of offering to defer collection of, discount, or issue a repayment of a customer's deductible based in whole, or in part, on the availability of insurance coverage.
(b) Any person or entity who suffers an economic loss as a result of the violation of this section may bring an action to recover actual damages in a court of competent jurisdiction in the county where the violation occurred or in any county where the defendant resides or conducts, transacts, or has transacted business.
Acts 2000, ch. 650, § 1.
Tenn. Code Ann. § 56-3-407 — TN Code / Title 56 / Chapter 3 / Section 56-3-407
Manner of investment exclusive
Status: in_force

No domestic insurance company shall invest or loan its funds in any manner except as provided in §§ 56-3-401 - 56-3-406. Acts 1979, ch. 305, § 7; T.C.A., § 56-367.
No domestic insurance company shall invest or loan its funds in any manner except as provided in §§ 56-3-401 - 56-3-406.
Acts 1979, ch. 305, § 7; T.C.A., § 56-367.
Tenn. Code Ann. § 56-18-106 — TN Code / Title 56 / Chapter 18 / Section 56-18-106
Annual meeting - Notice - Voting by proxy
Status: in_force

(a) Policyholders, as defined in § 56-18-105 , shall be notified of the annual meetings or elections: (1) By written notice; (2) By an imprint upon the filing backs of their policies; (3) In case of policies on which the premiums are payable monthly or more often, on some other prominent place of each policy; or (4) Upon receipts or certificates of renewal. (b) The annual meetings or elections shall be held and conducted in accordance with rules prescribed in the bylaws of the corporation adopted by its board of directors and approved by the commissioner. (c) Policyholders may vote in person, or by proxies dated and executed within three (3) months of, and returned and recorded on the books of the company thirty (30) days or more before, the meeting at which they are to be used. No person shall, as attorney or otherwise, cast more than twenty (20) votes other than those to which the person is entitled as a policyholder, except that the secretary of the corporation may cast as many votes as are possessed by policyholders sending the secretary their proxies, but the secretary shall not solicit any proxy vote, nor shall any other officer, employee or agent of the corporation personally, or by another person or organization, ask for, receive, procure to be obtained or use a proxy vote. Acts 1949, ch. 91, § 11; C. Supp. 1950, § 6433.23 (Williams, § 6433.27); T.C.A. (orig. ed.), § 56-1607.
(a) Policyholders, as defined in § 56-18-105 , shall be notified of the annual meetings or elections: (1) By written notice; (2) By an imprint upon the filing backs of their policies; (3) In case of policies on which the premiums are payable monthly or more often, on some other prominent place of each policy; or (4) Upon receipts or certificates of renewal.
(1) By written notice;
(2) By an imprint upon the filing backs of their policies;
(3) In case of policies on which the premiums are payable monthly or more often, on some other prominent place of each policy; or
(4) Upon receipts or certificates of renewal.
(b) The annual meetings or elections shall be held and conducted in accordance with rules prescribed in the bylaws of the corporation adopted by its board of directors and approved by the commissioner.
(c) Policyholders may vote in person, or by proxies dated and executed within three (3) months of, and returned and recorded on the books of the company thirty (30) days or more before, the meeting at which they are to be used. No person shall, as attorney or otherwise, cast more than twenty (20) votes other than those to which the person is entitled as a policyholder, except that the secretary of the corporation may cast as many votes as are possessed by policyholders sending the secretary their proxies, but the secretary shall not solicit any proxy vote, nor shall any other officer, employee or agent of the corporation personally, or by another person or organization, ask for, receive, procure to be obtained or use a proxy vote.
Acts 1949, ch. 91, § 11; C. Supp. 1950, § 6433.23 (Williams, § 6433.27); T.C.A. (orig. ed.), § 56-1607.
Tenn. Code Ann. § 56-30-114 — TN Code / Title 56 / Chapter 30 / Section 56-30-114
Limitation of expenses
Status: in_force

All acquisition and administrative expenses incurred in connection with the dental service corporation shall at all times be limited to a percentage of its total net premiums as set and approved by the commissioner. Acts 1961, ch. 340, § 13; T.C.A., § 56-3514.
All acquisition and administrative expenses incurred in connection with the dental service corporation shall at all times be limited to a percentage of its total net premiums as set and approved by the commissioner.
Acts 1961, ch. 340, § 13; T.C.A., § 56-3514.
Tenn. Code Ann. § 56-12-217 — TN Code / Title 56 / Chapter 12 / Section 56-12-217
Stay of proceedings - Default judgments
Status: in_force

(a) All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty (60) days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters relative to its powers or duties. (b) As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that entered the judgment and shall be permitted to defend against the suit on the merits. Acts 1988, ch. 1032, § 17.
(a) All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty (60) days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters relative to its powers or duties.
(b) As to judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that entered the judgment and shall be permitted to defend against the suit on the merits.
Acts 1988, ch. 1032, § 17.
Tenn. Code Ann. § 56-16-102 — TN Code / Title 56 / Chapter 16 / Section 56-16-102
Definitions
Status: in_force

(a) As used in this title, unless the context otherwise requires: (1) "Reciprocal" means the aggregation of subscribers under a common name; and (2) "Reciprocal insurance" means insurance resulting from the mutual exchange of insurance contracts among persons in an unincorporated association under a common name through an attorney-in-fact having authority to obligate each person both as insured and insurer. (b) As used in this chapter, unless the context otherwise requires: (1) "Attorney" means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Department" means the department of commerce and insurance; (4) (A) "Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society; and (B) "Person" also includes the federal government, any state, any county, city, town, school board, or any other local governmental authority or local agency or public service corporation owned, operated or controlled by a locality or local government authority, with power to enter into contractual undertakings within or without the state; and (5) "Subscriber" means a person obligated under a reciprocal insurance agreement. Acts 1990, ch. 728, § 2; T.C.A. § 56-16-202 .
(a) As used in this title, unless the context otherwise requires: (1) "Reciprocal" means the aggregation of subscribers under a common name; and (2) "Reciprocal insurance" means insurance resulting from the mutual exchange of insurance contracts among persons in an unincorporated association under a common name through an attorney-in-fact having authority to obligate each person both as insured and insurer.
(1) "Reciprocal" means the aggregation of subscribers under a common name; and
(2) "Reciprocal insurance" means insurance resulting from the mutual exchange of insurance contracts among persons in an unincorporated association under a common name through an attorney-in-fact having authority to obligate each person both as insured and insurer.
(b) As used in this chapter, unless the context otherwise requires: (1) "Attorney" means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts; (2) "Commissioner" means the commissioner of commerce and insurance; (3) "Department" means the department of commerce and insurance; (4) (A) "Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society; and (B) "Person" also includes the federal government, any state, any county, city, town, school board, or any other local governmental authority or local agency or public service corporation owned, operated or controlled by a locality or local government authority, with power to enter into contractual undertakings within or without the state; and (5) "Subscriber" means a person obligated under a reciprocal insurance agreement.
(1) "Attorney" means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts;
(2) "Commissioner" means the commissioner of commerce and insurance;
(3) "Department" means the department of commerce and insurance;
(4) (A) "Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society; and (B) "Person" also includes the federal government, any state, any county, city, town, school board, or any other local governmental authority or local agency or public service corporation owned, operated or controlled by a locality or local government authority, with power to enter into contractual undertakings within or without the state; and
(A) "Person" means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society; and
(B) "Person" also includes the federal government, any state, any county, city, town, school board, or any other local governmental authority or local agency or public service corporation owned, operated or controlled by a locality or local government authority, with power to enter into contractual undertakings within or without the state; and
(5) "Subscriber" means a person obligated under a reciprocal insurance agreement.
Acts 1990, ch. 728, § 2; T.C.A. § 56-16-202 .