reglab/housing_qa huggingface dataset:
TN Code § 56-37-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-109. Loan Charges

 No licensee under this chapter has the power to charge premium loan charges other than, or in amounts greater than, the following:   Licensees may charge, in the case of the precomputed loan, a service charge in an amount equal to four percent (4%) of the total amount of the loan, which charge may be deducted in advance from the principal of the premium loan; provided, that a licensee who contracts for the payment of interest on the balances from time to time outstanding, commonly referred to as a revolving or open-end account, shall be limited to contracting for a service charge not to exceed fifteen dollars ($15.00) and payable no more frequently than once per calendar year per premium loan account. This service charge shall be in lieu of all other compensation for services, expenses, detriments or commitments directly incident to the loan, except those charges that are otherwise specifically provided in this chapter. This charge is authorized and limited on the basis that it is generally reasonably related to the total costs and expenses that it is designed to cover, and in order to make the amount of the charges more certain and readily ascertainable by the registrants, their borrowers and the commissioner, and to that end registrants shall not be required to maintain detailed records with respect to the services, expenses, detriments or commitments covered thereby. This charge shall not, however, be imposed on that portion of a loan used to pay any existing loan or part thereof owing by the same borrower or spouse or both to the same licensee or any affiliated lender.    A premium finance agreement may provide for the payment by the insured of a delinquency charge of two dollars ($2.00) to a maximum of five percent (5%) of the delinquent installment on any installment, which is in default for a period of ten (10) days or more; provided, that the charge shall not be collected more than once for the same delinquency.   If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of five dollars ($5.00).     A premium finance agreement may provide for payment of collection costs, attorney's fees equal to fifteen percent (15%) of the outstanding indebtedness and any other charges that arose because one (1) party breached the contract.   None of the charges referred to in this section shall be considered directly or indirectly in determining whether a violation of the usury laws has occurred under a premium finance agreement.
TN Code § 56-37-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-110. Cancellation — Notice

  When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless the cancellation is effectuated in accordance with this section.   Not less than ten (10) days' written notice shall be mailed to the insured, at the insured's last known address as shown on the records of the premium finance company, of the intent of the premium finance company to cancel the insurance contract unless the default is cured within the ten-day period; provided, that if a default results from the refusal of a bank to honor a loan repayment check, the default shall be treated as a request of the insured for cancellation and the premium finance company shall not be required to provide an additional ten (10) days' written notice to the insured.   After expiration of the ten-day period, the premium finance company may thereafter cancel the insurance contract or contracts by mailing to the insurer a notice of cancellation. The insurance contract shall be cancelled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the insurance contract or contracts. The premium finance company shall also mail a notice of cancellation to the insured at the insured's last known address as shown on the records of the premium finance company.   All statutory, regulatory and contractual restrictions providing that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee or other third party shall apply where cancellation is effected under this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee or other third party on or before the second business day after the day it receives the notice of cancellation, taking into consideration the number of days' notice required to complete the cancellation.
TN Code § 56-37-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-111. Refund of Gross Unearned Premiums Upon Cancellation

  Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract directly to the premium finance company for the account of the insured or insureds as soon as reasonably possible, but in no event shall the period for payment exceed thirty (30) days after the effective date of cancellation. In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund the excess to the insured within thirty (30) days; provided, that no refund shall be required if it amounts to less than one dollar ($1.00). Failure by the insurer to remit the unearned premium to the finance company, as required by this subsection (a), shall make the insurer liable for any interest or finance fees that are assessed against the policyholder as a result of the failure to timely remit unearned premiums after the required period to remit the refund.   When cancellation of a financed insurance contract is requested by the premium finance company, the insurance company shall base the refund of the unearned premiums on a pro rata basis.
TN Code § 56-37-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-112. Perfection of Assignment and Security Interest

  A premium finance company, seller, building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state that finances insurance premiums, shall be deemed to have a perfected assignment and security interest in any premiums financed if the buyer or borrower signs a written agreement assigning a security interest in the premiums financed to the premium finance company, seller, seller's assignee, or lender. No filing or other recordation of the premium finance agreement or financing statement shall be necessary to perfect the validity of the agreement as a valid assignment and secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, trustees in bankruptcy or any other insolvency proceeding under any law, or anyone having the status or power of the aforementioned or their successors or assigns.   Title 47, chapter 9, shall govern the relative priorities of security interests in, and any right of set-off against, funds advanced pursuant to a premium finance agreement or cash proceeds of a premium financed.
TN Code § 56-37-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-113. Penalties

 Any premium finance company that willfully and knowingly violates the provisions of any section of this chapter commits a Class C misdemeanor.
TN Code § 56-37-114 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-114. Exemptions

 This chapter does not apply to:   The financing of insurance premiums by any seller who sells goods or services pursuant to an installment sale contract wherein a time price differential is charged, or to any building or savings and loan association, bank, trust company, industrial loan and thrift company or credit union authorized to do business in this state, which finances insurance premiums incidental to other extensions of credit;   Any insurance company, association or exchange authorized to do business in this state that solely finances the insurance premiums for the insurance policies it issues or a subsidiary of an authorized insurer admitted in this state or a corporation under substantially the same management or control as an admitted insurer or group of insurers, where the subsidiary, managed or controlled company is engaged in the business of financing insurance premiums on policies issued only by its parent insurer or affiliated group of insurers; and   Any insurance agent or producing agent licensed to do business in this state who finances premiums on policies solely written by the agent or producing agent.
TN Code § 56-37-115 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-115. Reenactment — Short Title

 This chapter is reenacted in its entirety as amended by Acts 1981, ch. 414, and shall continue to be entitled the “Premium Finance Company Act of 1980.”
TN Code § 56-37-116 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-116. Licensing Through Multi-State Automated Licensing System

  In addition to any other powers imposed upon the commissioner by law, the commissioner is authorized to require persons subject to this chapter to be licensed through a multi-state automated licensing system. Pursuant to this authority, the commissioner may:  Promulgate any rules reasonably necessary for participation in, transition to, or operation of a multi-state automated licensing system;   Establish relationships or enter into agreements reasonably necessary for participation in, transition to, or operation of a multi-state automated licensing system. The agreements may include, but are not limited to, operating agreements, information sharing agreements, interstate cooperative agreements, and technology licensing agreements;   Require that applications for licensing under this chapter and renewals of such licenses be filed with a multi-state automated licensing system;   Require that any fees required to be paid under this chapter be paid through a multi-state automated licensing system;   Establish deadlines for transitioning licenses to a multi-state automated licensing system. The commissioner may deny any applications or renewal applications not filed with a multi-state automated licensing system after the deadlines have passed, notwithstanding any other deadlines established in this chapter. The commissioner shall provide reasonable notice of any transition deadlines to licensees; and   Take such further actions as are reasonably necessary to give effect to this section.     Nothing in this section authorizes the commissioner to require a person who is not subject to this chapter to submit information to, or participate in, a multi-state automated licensing system.   Notwithstanding any other provision of this section, the commissioner retains full authority and discretion to license persons under this chapter and to enforce this chapter. Nothing in this section reduces or derogates that authority and discretion.   Applicants for and holders of licenses issued under this chapter must pay all costs associated with submitting an application or transitioning a license to a multi-state automated licensing system, as well as all costs associated with maintaining and renewing any license issued by the commissioner on a multi-state automated licensing system.
TN Code § 56-37-117 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-117. Agent for Channeling Information

 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.
TN Code § 56-37-118 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 37 - Premium Finance Company Act of 1980|§ 56-37-118. Privacy or Confidentiality of Shared Information

 In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing:   The requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multi-state automated licensing system, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, continue to apply to the information or material after it has been disclosed to a multi-state automated licensing system. The information or material may be shared with all state and federal regulatory officials with premium finance company oversight authority without the loss of privilege or confidentiality protections provided by federal or state law, including the protection available under § 45-1-120;   For purposes of subdivision (1), the commissioner may enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors, or other associations representing governmental agencies, as established by rule, regulation, or order of the commissioner;   Information or material that is subject to a privilege or confidentiality protection under subdivision (1) shall not be subject to:  Disclosure under any federal or state law governing disclosure to the public of information held by an officer or agency of the federal government or the respective state; or   Subpoena or discovery or admission into evidence in any private civil action or administrative process, unless the person to whom such information or material pertains, in the person's discretion, waives any applicable privilege held by a multi-state automated licensing system, in whole or in part;     This section supersedes any inconsistent provisions of title 10, chapter 7, part 5, pertaining to the records open to public inspection; and   This section does not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this chapter that is included in a multi-state automated licensing system for access by the public.
TN Code § 56-40-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 40 - Indemnified Employee Welfare Benefit Plans|§ 56-40-101. Annual Registration — Exclusion of Catastrophic Loss

  Each plan that purchases a contract of insurance that provides for indemnification of claims made by plan participants, except in the event of a catastrophic loss, shall register annually with the department of commerce and insurance, in the manner and on forms prescribed by the department.   “Catastrophic loss,” as used in this section, means any contract of insurance that provides for indemnification of claims made by plan participants in the amount of twenty-five thousand dollars ($25,000) or more per individual participant or an accumulated loss in any one (1) plan contract year in the amount of and over one hundred fifty thousand dollars ($150,000) for the employee plan.
TN Code § 56-40-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 40 - Indemnified Employee Welfare Benefit Plans|§ 56-40-102. Registration Requirements

  The registration requirements of this chapter include, but are not limited to:  The employer's name and insurance federal employer identification number;   The total number of employees covered by the employee welfare benefit plan;   The size of the insurance reserve fund under the plan;   An attached copy of insurance benefits provided to employees and their dependents under the plan; and   An attached copy of any indemnity supplemental insurance that insures the plan benefits, with disclosure of the point at which the indemnity insurance begins coverage of those plan benefits.     Registrations shall be filed and received in the office of the department of commerce and insurance no later than twelve o'clock (12:00) midnight of January 31 of each year.
TN Code § 56-40-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 40 - Indemnified Employee Welfare Benefit Plans|§ 56-40-103. Accuracy of Information

 The information registered and reported in accordance with § 56-40-102 shall be accurate as of the date of registration.
TN Code § 56-40-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 40 - Indemnified Employee Welfare Benefit Plans|§ 56-40-104. Violations — Penalties

 Any plan that violates this chapter shall be subject to a fine and/or a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation. Each year that a plan fails to register in accordance with this chapter constitutes a separate violation.
TN Code § 56-40-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 40 - Indemnified Employee Welfare Benefit Plans|§ 56-40-105. Rules and Regulations

 The department shall promulgate necessary and appropriate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the effect and intent of this chapter.
TN Code § 56-41-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-101. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Association” means the Tennessee property and casualty insurance association; and   “Insurance” means “property insurance” as defined in § 56-2-201, and “casualty insurance” as defined in § 56-2-201, except for:  Hazardous waste or environmental impairment insurance; and   Any kind of insurance that is available through the Tennessee automobile insurance plan or any other existing residual market mechanism as defined in chapter 5 of this title.
TN Code § 56-41-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-102. Voluntary Risk Sharing or Market Assistance Plan

 If the commissioner of commerce and insurance finds after a hearing that, in any part of this state, property and casualty insurance is not readily available in the voluntary market and that the public interest requires its availability, the commissioner may authorize formation of a voluntary risk sharing or market assistance plan under § 56-41-111.
TN Code § 56-41-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-103. Tennessee Property and Casualty Insurance Association — Creation — Plan of Operation

  If, after public hearing, the commissioner finds that the voluntary risk sharing or market assistance plan has failed, or that no plan has been established, to restore availability of the needed insurance coverages, the commissioner may establish the Tennessee property and casualty insurance association as an unincorporated association. The purpose of the association shall be to provide a market for certain kinds of property and casualty insurance on a self-supported basis without subsidy from other kinds of insurance.   The association shall perform its functions under a plan of operation approved by the commissioner. The plan of operation shall:  Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss prevention measures;   Establish procedures that will create minimum interference with voluntary markets;   Spread the burden imposed by the association equitably and efficiently within the insurance industry; and   Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
TN Code § 56-41-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-104. Board of Directors of Association

  The administrative powers of the association are vested in a board of directors, approved by the commissioner, consisting of seven (7) members who shall be elected and votes shall be cast and counted on a weighted basis in accordance with the premiums written of each member insurer. In addition, there shall be appointed by the commissioner two (2) members who shall be licensed agents or a representative of an agent's association.   Members of the board of directors may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors and for reasonable and equitable compensation as may be prescribed by the terms of the plan of operation.   The board of directors shall submit to the commissioner a plan of operation for the association and make suitable or necessary amendments to the plan to assure the fair, reasonable and equitable administration of the association. The plan of operation shall become effective upon the commissioner's approval in writing. The commissioner has the authority to modify or amend the plan.   If the association fails to submit a plan of operation within a reasonable period of time, or if at any time thereafter the association fails to submit amendments to the plan of operation, the commissioner, after a public hearing, may promulgate a plan of operation that is, in the commissioner's discretion, necessary or advisable to effectuate this title.
TN Code § 56-41-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-105. Plan of Operation — Insurers and Agents Required to Participate

  The plan of operation shall require participation by all insurers licensed in Tennessee and transacting direct insurance of the type covered by the specific plan, and all agents appointed to represent the  insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan. “Type of insurance” means personal or commercial property and casualty coverage as defined in this title.   The plan may provide for optional participation by insurers not required to participate under subsection (a).
TN Code § 56-41-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 41 - Joint Underwriting/risk Sharing|§ 56-41-106. Plan of Operation — Information to Be Specified or Provided

  The plan of operation shall specify the basis of participation of insurers and agents and the conditions under which risks must be accepted.   Every participating insurer and agent shall provide to any person seeking coverage:  The kinds available under the plan of operation; and   The services prescribed in the plan of operation, including full information on the requirements and procedures for obtaining coverage under the plan of operation, assuming coverage cannot be placed in the voluntary market.