reglab/housing_qa huggingface dataset:
TN Code § 56-41-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-107. Plan of Operation — Methods Regarding Risks, Rates, Claims and Coverage — Premiums — Deficits

  The plan of operation shall provide for the method of underwriting and classifying risks, making and filing rates, adjusting and processing claims, and any other insurance or investment function that is necessary for the purpose of providing essential insurance coverage.   All policies issued by the association shall be subject to a nonprofit group retrospective rating plan to be approved by the commissioner, under which the final premium for all policyholders of the association, as a group, will be equal to the administrative expenses, loss and loss adjustment expenses, plus a reasonable allowance for contingencies and servicing. Policyholders shall be given full credit for all investment income, net of expenses and a reasonable management fee on policyholder supplied funds. Any additional premium resulting from a retrospective adjustment will first be collected from the stabilization fund set forth in § 56-41-108. If these funds are insufficient to pay the entire amount due, the balance will be recouped through surcharges upon policyholders in accordance with a procedure approved by the commissioner.   In providing for the recoupment of deficits that may be incurred by the association, an option shall be offered to an insured each policy year to pay a capital stabilization charge that shall not exceed one hundred percent (100%) of the premium charged to the insurer in that year. The commissioner shall determine the amount of the charge from the appropriate factors of loss experience and risks associated with the plan of operation and the insurer. An insured who pays the stabilization charge shall not be required to pay any assessment to recoup a deficit in the plan incurred in any policy year for which the charge is paid. The plan of operation shall provide for the return to the insured so much of the insured's payment as remains after all actual or potential liabilities under the policy have been discharged.
TN Code § 56-41-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-108. Stabilization Reserve Fund

  There is created a stabilization reserve fund, to be administered in accordance with procedures submitted by the association and approved by the commissioner.   Each policyholder shall pay to the association a stabilization reserve fund charge equal to one half (½) of each premium due for insurance issued by the association until the fund reaches a level deemed appropriate by the commissioner. The means of payment shall be set forth in the plan of operation and shall be separately stated in the policy. The association shall cancel the policy of any policyholder who fails to pay the stabilization reserve fund charge.   The moneys held in trust shall be used solely for the purpose of discharging when due any retrospective premium charges payable by policyholders of the association under the group retrospective rating plan authorized by this chapter. Payment of retrospective premium charges shall be made by the board of directors upon certification to the board by the association of the amount due.   Any moneys remaining in the fund after all the retrospective premium charges have been paid shall be returned to policyholders under procedures authorized by the board of directors.
TN Code § 56-41-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-110. Payment of Fees and Taxes by Association

  The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property and as excepted in subsection (b).   Premium taxes shall apply to premiums received for insurance placed through the association.
TN Code § 56-41-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-111. Scope and Types of Voluntary Plans

 Insurers doing business in this state are authorized to prepare voluntary risk sharing or market assistance plans providing any specific kind, line or class of insurance coverage, or subdivision or combination of any specific kind, line or class of insurance coverage, for all or any part of the state in which the insurance is not readily available in the voluntary market and that the public interest requires to be available. Voluntary risk sharing or market assistance plans shall be submitted to the commissioner and may be put into operation only with the commissioner's approval. If the commissioner finds that a voluntary risk sharing or market assistance plan would sufficiently provide essential insurance coverage, the commissioner may authorize formulation of the  plans in lieu of establishing the association.
TN Code § 56-41-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-112. Duration and Effect of Obligations and Duties

 All obligations and duties arising under the plan of operation and under policies issued by the association shall remain in full force and effect during their terms.
TN Code § 56-41-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-113. Immunity for Good-Faith Statements and Actions

 There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner, or any of the commissioner's staff, the association or its directors, agents or employees, or against any participating insurer because of any statements made or actions taken in good faith in connection with any inspections, examinations, hearings, reports, and communications concerning the operation of this association.
TN Code § 56-41-114 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-114. Examination of Organizations

 The commissioner shall make an examination as may be required into the affairs of any organization set up under this agreement at least once every five (5) years. The examination shall be conducted and the report filed in the manner prescribed for insurance companies in this title. The expenses of the examination shall be paid by the organization established under this chapter in the manner prescribed by this title.
TN Code § 56-42-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-101. Short Title

 This chapter shall be known and may be cited as the “Long-Term Care Insurance Act.”
TN Code § 56-42-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-102. Purpose — Applicability

  The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies and to facilitate flexibility and innovation in the development of long-term care insurance coverage.   The requirements of this chapter apply to policies delivered or issued for delivery in this state on or after July 1, 2008. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance.
TN Code § 56-42-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-104. Policies Issued in Other States

 No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in § 56-42-103(4)(D), unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that the requirements have been met.
TN Code § 56-42-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-107. Incontestability Period

  For a policy or certificate that has been in force for less than six (6) months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.   For a policy or certificate that has been in force for at least six (6) months but less than two (2) years, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and that pertains to the condition for which benefits are sought.   After a policy or certificate has been in force for two (2) years, it is not contestable upon the grounds of misrepresentation alone. The policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.    A long-term care insurance policy or certificate may be field issued if the compensation to the field issuer is not based on the number of policies or certificates issued.   For purposes of subdivision (d)(1), “field issued” means a policy or certificate issued by a producer or a third-party administrator pursuant to the underwriting authority granted to the producer or third party administrator by an insurer and using the insurer's underwriting guidelines.     If an insurer has paid benefits under the long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.   In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In this situation, the remaining death benefits under these policies shall be governed by § 56-7-2307(3). In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.
TN Code § 56-42-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-108. Nonforfeiture Benefits

  Except as provided in subsection (b), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.   When a group long-term care insurance policy is issued, the offer required in subsection (a) shall be made to the group policyholder; however, if the policy is issued as group long-term care insurance as defined in § 56-42-103(4)(D), including a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder.   The commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (a).
TN Code § 56-42-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-110. Duties of Commissioner — Rules and Regulations

 The commissioner shall issue reasonable regulations for the administration and enforcement of this chapter, including, but not limited to, rules to promote premium adequacy and to protect the policyholder in the event of substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties and reporting practices for long-term care insurance.
TN Code § 56-42-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 42 - Long-Term Care Insurance Act|§ 56-42-111. Penalties

 In addition to any other penalties provided by the laws of this state, any insurer and any producer found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of long-term care insurance shall be subject to a civil penalty of up to three (3) times the amount of any commissions paid for each policy involved in the violation or up to ten thousand dollars ($10,000), whichever is greater.
TN Code § 56-43-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-101. Short Title

 This chapter shall be known and may be cited as the “Tennessee Legal Insurance Act.”
TN Code § 56-43-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-102. Construction — Legislative Intent

 This chapter shall be interpreted liberally in order to:   Encourage the development of effective and economically sound methods for making legal services more readily available;   Protect the interests of the users of legal services and of the public of this state with a minimum of restrictions on experimentation with new forms of organization, administration, or benefits;   Seek to have the risk inherent in experimentation borne by the promoters of new plans rather than by the consumers;   Permit and encourage the providing of legal services through persons other than professional insurers subject to practical and reasonable financial and regulatory requirements;   Permit and encourage fair and effective competition among the various systems of financing legal services; and   Maintain a high level of quality and conformity to professional insurers subject to practical and reasonable financial and regulatory requirements.
TN Code § 56-43-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-103. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Commissioner” means the commissioner of commerce and insurance;   “Contractual obligation” in subdivision (4)(A) includes any arrangement in which those persons for whom services are to be provided under the arrangement have reasonable expectations of enforceable rights;   “Insurer” means any person who obtains a certificate of authority under this chapter;    “Legal insurance” means the assumption of a contractual obligation to provide specified legal services or reimbursement for legal expenses in consideration of a specified payment for an interval of time, regardless of whether the payment is made by the beneficiaries individually or by a third person for them, in such a manner that the total cost incurred by assuming the obligation is to be spread directly or indirectly among a group of persons;   “Legal insurance” does not include the provision of or reimbursement for legal services incidental to other insurance coverages; and   The following are not considered “legal insurance” under the insurance laws of this state:   Retainer contracts and contingent fee contracts made with individual clients with the fees based on estimates of the nature and amount of services that will be provided to the specific client and similar contracts made with a group of clients involved in the same or closely related legal matters, such as class actions;   Legal services provided by unions or employee associations to their members in matters relating to employment or occupation;   Legal services provided by an agency of the federal or state government or subdivision thereof to its employees; or   Services of a lawyer referral service operated, sponsored or approved by a bar association representative of the general bar of the geographical area in which the association exists; and       “Person” means any natural or artificial person including, but not limited to, an individual, partnership, association, trust or corporation.
TN Code § 56-43-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-104. Certificate of Authority — Required — Application

   No person may transact the business of legal insurance in this state without first obtaining a certificate of authority:  Under this chapter; or   Under the general laws pertaining to insurance.     Any person may apply to the commissioner for, and obtain, a certificate of authority to transact the business of legal insurance in compliance with this chapter. This section does not by itself enlarge the powers of any corporation given by its articles of incorporation or charter, but does authorize a corporation formed under the general business, insurance or general nonprofit corporation laws of this state to include in its powers the authority to transact legal insurance.   Any application shall be in a form prescribed by the commissioner. If the applicant is not domiciled in this state, the application must be accompanied by a power of attorney duly executed by the applicant appointing the commissioner, and duly authorized deputies, as the true and lawful attorneys of the applicant in and for this state, upon whom all lawful process in any legal action or proceeding against the applicant on a cause of action arising in this state may be served.     This chapter does not apply to any person issuing group, blanket or franchise policies if fewer than ten percent (10%) of the certificate holders or insureds reside in this state and the person is regulated to a comparable extent by another state in which a larger number of certificate holders or insureds reside.
TN Code § 56-43-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-105. Certificate of Authority — Issuance — Duration

  Upon receipt of an application for a certificate of authority, the commissioner shall issue a certificate pursuant to this chapter upon payment of the application fee prescribed in § 56-43-115, if the commissioner is satisfied that the following conditions are met:  The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and of good reputation;   The applicant demonstrates the willingness and ability to assure that the promised benefits can be provided. In making this determination, the commissioner shall consider so far as applicable:  The adequacy of capital and surplus considered in relation to the other items in this subsection (a);   Any agreement with lawyers for the provision of legal services;   The financial soundness of the applicant's arrangements for legal services and the schedule of rates proposed to be used in connection with the arrangements;   Any agreement with another person authorized under this chapter, an insurer licensed under the general insurance law to do business in this state to provide reinsurance, or an agency of the federal or state government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations;   Any surety bond or deposit of cash or securities as a guarantee that the obligations will be duly performed; and   If the applicant is licensed as an insurer under other insurance laws, whether the applicant has complied with the requirements of those laws.       A certificate of authority shall be perpetual and shall continue in force unless there are grounds for suspension or revocation.
TN Code § 56-43-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-107. Exclusive Agency or Management Contracts

  No insurer may enter into any exclusive agency contract or management contract unless the contract is first filed with the commissioner and not disapproved under this section within thirty (30) days after filing, or a reasonable extended period as the commissioner may specify by notice within the thirty (30) days.   The commissioner shall disapprove a contract under subsection (a) if the commissioner finds that:  It subjects the insurer to excessive charges;   The contract extends for an unreasonable period of time;   The contract does not contain fair and adequate standards of performance;   The persons empowered under the contract to manage the insurer are not sufficiently trustworthy, competent, experienced and free from conflict of interest to manage the insurer with due regard for the interests of its insureds, creditors or the public; or   The contract contains provisions that impair the interests of the insurer's insureds or creditors of the public in this state.
TN Code § 56-43-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-108. Reports by Insurers

 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:   A financial statement of the insurer's legal insurance business including:  Its balance sheet; and   Its receipts and disbursements for the preceding year;     Any material changes in the information submitted pursuant to § 56-43-105;   Such information about the number of persons protected and terminated as may be prescribed by the commissioner; and   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.
TN Code § 56-43-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-109. Reserves

  An insurer must maintain the reserves necessary for the sound operation of the business, including unearned premium reserves. The amount and manner of calculating these reserves shall be determined by rule by the commissioner in accordance with § 56-43-112.   In establishing and enforcing reserve requirements, the commissioner shall prescribe and allow a reasonable phase-in period prior to mandating full compliance with the reserve requirements by any person transacting the business of legal insurance on January 1, 1990.
TN Code § 56-43-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 43 - Tennessee Legal Insurance Act|§ 56-43-110. Investments

 The investable funds generated through the transaction of the business of legal insurance by persons who are not licensed to transact other lines of insurance shall be invested in securities or other investments permitted by the laws of this state for the investment of assets of life insurance.