reglab/housing_qa huggingface dataset:
TN Code § 56-7-3406 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 7 - Policies and Policyholders|Part 34 - Unclaimed Life Insurance Benefits Act|§ 56-7-3406. Remittance of Proceeds of Unclaimed Policy, Annuity or Retained Asset Account to State

  An insurer is authorized in its discretion, but is not required, to report and remit the proceeds of an unclaimed policy, annuity, or retained asset account to the appropriate state when the insurer, through good faith efforts as evidenced by appropriate documentation, has:  Identified a person as deceased through a DMF match through a search described in § 56-7-3404, or other information source;   Validated such information through a secondary information source;   Conducted reasonable search efforts for the beneficiary within ninety (90) days after the insurer's validation of the DMF match; and   Determined that no beneficiary can be located within one (1) year of the conclusion of search efforts described in subdivision (a)(3).     By remitting the proceeds of an unclaimed policy, annuity or retained asset account to the state pursuant to this section or pursuant to title 66, chapter 29, part 1, an insurer shall be relieved from all liability to any person relating to such proceeds. This relief from liability shall be in addition to any other protections provided by law.   An insurer shall pay unclaimed proceeds of a policy, annuity, or retained asset account not later than the last day of the period prescribed for such payment under title 66, chapter 29, part 1; provided, that an insurer may pay the unclaimed proceeds of a policy, annuity, or retained asset account prior to the end of such period.
TN Code § 56-8-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-101. Short Title — Purpose — Authority of Commissioner

  This part shall be known and may be cited as the “Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009”.   The purpose of this part is to regulate trade and claims settlement practices in the business of insurance in accordance with the intent of congress as expressed in the Act of Congress of March 9, 1945, (Public Law 15, 79th Congress) and the Gramm-Leach-Bliley Act (Public Law 106-102, 106th Congress), by defining, or providing for the determination of, all such practices in this state that constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices and claim settlement practices so defined or determined.   Notwithstanding any other state law to the contrary, the commissioner shall have sole enforcement authority for this part, and nothing in this part shall be construed to create or imply a private cause of action for a violation of this part.
TN Code § 56-8-103 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-103. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Prohibited

 No person shall engage in an unfair trade practice from, in or into this state that is defined in § 56-8-104 or § 56-8-106 or determined by rule pursuant to § 56-8-108 to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. No person shall engage in an unfair claim practice that is defined in § 56-8-105 or determined by rule pursuant to § 56-8-108 to be an unfair claim practice. However, the commissioner may not levy a civil penalty or suspend or revoke a license for violating an unfair claim practice unless:   It is committed knowingly; or   It has been committed with such frequency as to indicate a general business practice.
TN Code § 56-8-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-108. Additional Powers of Commissioner

  In addition to any other authority granted in this part, the commissioner shall have the authority to declare by rule certain acts to be unfair trade practices or unfair methods of competition or unfair or deceptive acts or practices in the business of insurance that are not specifically defined in this part. The commissioner may promulgate the rules by emergency rules upon making a finding that such is in the public interest.   The commissioner, at the rulemaking hearing, may administer oaths, and receive oral and documentary evidence. The commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence or other documents the commissioner deems relevant to the inquiry; provided, however, that in the case of depository institutions, the commissioner shall have the power to require the production of books, papers, records, correspondence or other documents that the commissioner deems relevant to the inquiry only on the insurance activities of the depository institution. No person shall be compelled to provide a document or disclose information that is privileged under statutory or common law. The commissioner may and, upon the request of any party, shall cause to be made a stenographic record of all the evidence and all the proceedings at the hearing. In case of a refusal of any person to comply with any subpoena or to testify with respect to any matter concerning which that person may be lawfully interrogated, the chancery court of Davidson County or the county where the person resides, on application of the commissioner, may issue an order requiring the person to comply with the subpoena and to testify. Any failure to obey any order of the court may be punished by the court as contempt.
TN Code § 56-8-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-109. Violations of Part or Rules

 Whenever it appears to the commissioner that any person has violated or is about to violate this part or any rule promulgated under this part, the commissioner may, in the commissioner's discretion, bring an action in the chancery court of Davidson County to enjoin the violation and to enforce compliance with this part, any rule under this part or any order lawfully entered pursuant to this section. The court shall not require the commissioner to post a bond.
TN Code § 56-8-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-110. Promulgation of Rules and Orders — Review

 The commissioner is authorized, after notice and hearing, to promulgate reasonable rules and orders as are necessary or proper to carry out and effectuate this part. The rules shall be subject to review in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 56-8-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-111. Powers of Commissioner Additional to Existing Law

 The powers vested in the commissioner by this part shall be in addition to any other powers in this title to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices declared to be unfair or deceptive by this part.
TN Code § 56-8-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-112. Voluntary Wellness or Health Improvement Program Using Incentives or Rewards

  An insurer issuing a group or individual benefit plan may offer a voluntary wellness or health improvement program that uses incentives or rewards, or any combination of incentives or rewards, to encourage or reward a plan member's participation in the program. Such incentives and rewards may include, but not be limited to, the following:  Merchandise;   Gift cards;   Debit cards;   Premium discounts or rebates;   Contributions towards a plan member's health savings account; or   Modifications to co-payment, deductible, or co-insurance amounts.     If an incentive or reward established pursuant to this section is disclosed in the insurer's policy or certificate, then giving, or offering to give, the incentive or reward to a plan member shall not constitute a violation of § 56-8-104(8).   An insurer may require a plan member to provide verification to the insurer that the plan member has a medical condition that makes the plan member's participation in the program unreasonably difficult or medically inadvisable prior to establishing a reasonable alternative standard for obtaining an incentive or reward.   Nothing in this section shall prohibit an insurer from offering or giving an incentive or reward to a plan member to encourage or reward the member's participation in a voluntary wellness or health improvement program if additional incentives or rewards, or uses of incentives or rewards, are otherwise permitted by state or federal law.
TN Code § 56-8-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 1 - Unfair Trade Practices and Unfair Claims Settlement Act of 2009|§ 56-8-113. Remedies and Sanctions for Breach Of, or for Alleged Unfair or Deceptive Acts or Practices in Connection With, a Contract of Insurance

 Notwithstanding any other law, title 50 and this title shall provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do business under this title for alleged breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance as such term is defined in § 56-7-101(a). Nothing in this section shall be construed to eliminate or otherwise affect any:   Remedy, cause of action, right to relief or sanction available under common law;   Right to declaratory, injunctive or equitable relief, whether provided under title 29 or the Tennessee Rules of Civil Procedure; or   Statutory remedy, cause of action, right to relief or sanction referenced in title 50 or this title.
TN Code § 56-8-201 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 2 - Domestic Violence Victims Health Insurance Protection Act|§ 56-8-201. Short Title

 This part shall be known and may be cited as the “Domestic Violence Victims Health Insurance Protection Act.”
TN Code § 56-8-203 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 2 - Domestic Violence Victims Health Insurance Protection Act|§ 56-8-203. Discriminatory Acts Prohibited

 No insurer or health carrier may engage in an unfairly discriminatory act or practice, as defined in § 56-8-204, against a subject of abuse on the basis of that abuse status.
TN Code § 56-8-204 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 2 - Domestic Violence Victims Health Insurance Protection Act|§ 56-8-204. Discriminatory Acts Defined

  Any of the following acts are prohibited as unfairly discriminatory:  Denying, refusing to issue, renew or reissue, canceling or otherwise terminating a health benefit plan, or restricting or excluding health benefit plan coverage, or adding a premium differential to any health benefit plan on the basis of the applicant's or insured's abuse status;   Excluding or limiting coverage or denying a claim incurred by an insured as a result of abuse on the basis of the insured's abuse status;   Terminating group coverage for a subject of abuse on the basis of the insured's abuse status where coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse, or the abuser's coverage has terminated voluntarily or involuntarily. Nothing in this subdivision (3) prohibits the insurer or health carrier from requiring the subject of abuse to pay the full premium for the person's coverage under the health plan or from requiring the subject of abuse to reside or work within its service area. Nothing in this subdivision (3) gives a subject of abuse any greater rights than the subject would otherwise have had to continued coverage under Tennessee or federal law. The continuation coverage required by this section shall be satisfied by any COBRA coverage provided to a subject of abuse and is not intended to be in addition to any coverage provided under COBRA; or   Disclosing or transferring any information, by a person employed by or contracting with a health carrier, relating to an applicant's or insured's abuse status or abuse-related medical condition, or the applicant's or insured's status as a family member, employer or associate of, or in a relationship with a subject of abuse, except:  For purposes related to the provision of health care services;   For the purpose of administering claims, utilization review or case management; or   Where required by the commissioner or a court of competent jurisdiction.       Nothing in this section shall be construed to prohibit a health carrier from asking an applicant or insured about a medical condition, even if the condition is abuse-related, or using information thereby obtained for the purpose of acts or practices permitted by this part. A subject of abuse, at the subject's absolute discretion, may provide evidence of abuse to a health carrier for the limited purpose of facilitating treatment of an abuse-related condition or demonstrating that a medical condition is abuse-related, and nothing in this section shall be construed as authorizing the health carrier to disregard that information.
TN Code § 56-8-205 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 2 - Domestic Violence Victims Health Insurance Protection Act|§ 56-8-205. Permissible Actions by Insurers

 Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:   Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;   Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and   Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.
TN Code § 56-8-206 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 8 - Unfair Competition and Unfair or Deceptive Practices|Part 2 - Domestic Violence Victims Health Insurance Protection Act|§ 56-8-206. Investigations

 The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and issue a prompt determination as to whether a violation of this part has occurred. If the commissioner finds from the investigation that a violation of this part may have occurred, the commissioner shall promptly begin proceedings to address the violation pursuant to §§ 56-8-108 and 56-8-109.
TN Code § 56-9-101 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-101. Short Title — Liberal Construction — Purpose

  This chapter shall be known and may be cited as the “Insurers Rehabilitation and Liquidation Act.”   This chapter shall not be interpreted to limit the powers granted the commissioner by other provisions of the law.   This chapter shall be liberally construed to effect the purpose stated in subsection (d).   The purpose of this chapter is the protection of the interests of insureds, claimants, creditors and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through:  Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;   Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;   Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;   Equitable apportionment of any unavoidable loss;   Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this state;   Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and   Providing for a comprehensive scheme for the rehabilitation and liquidation of insurance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.
TN Code § 56-9-102 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-102. Applicability

 The proceedings authorized by this chapter may be applied to:   All insurers who are doing, or have done, an insurance business in this state, and against whom claims arising from that business may exist now or in the future;   All insurers who purport to do an insurance business in this state;   All insurers who have insureds resident in this state;   All other persons organized or in the process of organizing with the intent to do an insurance business in this state;   All nonprofit service plans and all fraternal benefit societies and beneficial societies subject to § 56-25-606;   All title insurance companies subject to chapter 35 of this title;   All prepaid health care delivery plans; and   All fidelity, bonding or surety companies under chapter 15 of this title, and all annuity companies who do business in this state.
TN Code § 56-9-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-104. Delinquency Proceeding — Commencement — Jurisdiction

  No delinquency proceeding shall be commenced under this chapter by anyone other than the commissioner and no court has jurisdiction to entertain, hear or determine any proceeding commenced by any other person.   No court of this state has jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to the proceedings other than in accordance with this chapter.   In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Tennessee Rules of Civil Procedure or other applicable law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state if:  The person served is an agent, broker or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;   The person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;   The person served is or has been an officer, director, manager, trustee, organizer, promoter or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;   The person served is, or was at the time of the institution of the delinquency proceeding against the insurer, holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or   The person served is obligated to the insurer in any way whatsoever, in any action on, or incident to, the obligation.     If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.   All actions authorized in this section shall be brought in the chancery court of Davidson County.
TN Code § 56-9-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-105. Receivers — Restraining Order and Injunctive Relief — Federal Home Loan Bank

  Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, the restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:  The transaction of further business;   The transfer of property;   Interference with the receiver or with a proceeding under this chapter;   Waste of the insurer's assets;   Dissipation and transfer of bank accounts;   The institution or further prosecution of any actions or proceedings;   The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer, its assets or its policyholders;   The levying of execution against the insurer, its assets or its policyholders;   The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;   The withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer; or   Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors or shareholders, or the administration of any proceeding under this chapter.     The receiver may apply to any court outside of this state for the relief described in subsection (a).   Notwithstanding subsections (a) and (b) and any other provision of this title, a federal home loan bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action regarding collateral pledged under a security agreement or under any pledge agreement, security agreement, collateral agreement, or other similar arrangement or credit enhancement relating to a security agreement to which the federal home loan bank is a party.