reglab/housing_qa huggingface dataset:
TN Code § 56-5-104 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-104. Criteria for Compliance

 In determining whether rates comply with the standards set forth in § 56-5-103, the following criteria shall apply:   Basic Factors in Rates.  Due consideration shall be given to:  Past and prospective loss and expense experience within and outside this state;   Catastrophe hazards;   Any residual market loss redistributions and other similar obligations;   A reasonable provision for profit and contingencies;   Trends within and outside this state;   Loadings for leveling premium rates over a reasonable period of time or for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers; and   All other relevant factors, including the judgment of the filer;     Classification.  Risks may be classified in any reasonable way for the establishment of rates except that no risks may be grouped by classifications based in whole or in part on race, color, creed, or national origin of the risk. Rates may be modified for individual risks in accordance with rating plans or schedules that provide for recognition of probable variations in hazards, expenses or both; and   Expenses.  The systems of expense provisions included in rates for use by an insurer or group of insurers may differ from those of other insurers or group of insurers to reflect the operating methods of the insurer, or group with respect to any kind of insurance, or with respect to any subdivision or combination of kinds of insurance.
TN Code § 56-5-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-105. Filing by Personal Risk Insurers

  Every insurer of personal risk insurance shall file with the commissioner all rates, supplementary rate information, supporting information, policy forms, and endorsements at least thirty (30) days before the proposed effective date.   The commissioner may give written notice, within thirty (30) days of the receipt of the filing, that the commissioner needs additional time, not to exceed thirty (30) days from the date of the notice, to consider the filing.   Upon written application by the insurer, the commissioner may authorize rates to be effective before the expiration of the waiting period or an extension of the waiting period.    A filing shall be deemed to meet the requirements of this part and to become effective unless disapproved by the commissioner before the expiration of the waiting period or an extension of the waiting period.   Whenever a filing made pursuant to this section is not accompanied by sufficient supporting information, the commissioner shall inform the insurer as to what information is required to complete the filing.   The filing shall not be deemed to be made until the information is furnished.
TN Code § 56-5-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-108. Basis and Procedure for Disapproval — Interim Rates

  Basis for Disapproval.  The commissioner shall disapprove a rate if:  The commissioner finds that the rate is excessive, inadequate or unfairly discriminatory; or   In the case of an advisory prospective loss costs filing, the commissioner finds the filing does not reasonably reflect projected losses, including loss adjustment expenses. For an advisory prospective loss costs filing the commissioner may also modify the filing as permitted by § 50-6-402(b).     Disapproval Procedure.  If the commissioner disapproves or modifies a filing, the commissioner shall issue a written order specifying in what respect that the rate proposed in the filing is excessive, inadequate or unfairly discriminatory or otherwise fails to meet the requirements of this part. The person making the filing shall be given a hearing upon written request made within thirty (30) days after the disapproval or modification order.   If the commissioner disapproves rates already in effect, the commissioner shall issue the order only after a hearing held on not less than twenty (20) days' written notice to the insurer or rate service organization that made the filing. The order shall be issued within fifteen (15) days after the close of the hearing and shall specify in what respects the rates fail to meet the requirements of this part. The order shall also state when, within a reasonable period of time, but not less than forty-five (45) days, the further use of the rate in contracts of insurance made thereafter shall be prohibited. The order may include a provision for premium adjustment for policies issued, renewed or nonrenewed after the effective date of the order. In disputes concerning a multiplier, the insurer shall have the burden of persuasion that the commissioner's disapproval, modification, or failure to approve was inappropriate.     Interim Rates.  Whenever an insurer has no legally effective rates as a result of the commissioner's disapproval of rates or other act, the commissioner shall on request of the insurer specify interim rates for the insurer that are high enough to protect the interests of all parties, and may order that a specified portion of the premiums be placed in an escrow account approved by the commissioner. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis  shall not be required.
TN Code § 56-5-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-109. Information for Insureds — Review for Aggrieved Persons — Civil Penalty — Rule-Making Authority

  Information to Be Furnished Insureds.  Every insurer or rate service organization shall, within a reasonable time after receipt of a written request and upon payment of a reasonable charge, furnish to any insured affected by a rate published by it, all pertinent information as to the rate.   Aggrieved Persons.  Every insurer and rate service organization shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard on written request to review the manner in which the rating system has been applied in connection with the insurance afforded. If the insurer fails to grant or reject the request within thirty (30) days, the applicant may proceed in the same manner as if the application had been rejected. Any party affected by the action of the insurer on the request may, within thirty (30) days after written notice of the action, appeal to the commissioner who, after a hearing held upon not less than ten (10) days' written notice to the appellant and to the insurer, may affirm, modify, or reverse the action.   After notice and hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner may impose a civil penalty of up to ten thousand dollars ($10,000) per occurrence, upon a finding that a workers' compensation insurer, without any lawful basis, has assessed an employer premium:  For individuals who are not employees; or   On the basis of improper classification of employees.     The commissioner shall have the authority to promulgate rules, including emergency rules, to effectuate this section. The rules may provide the commissioner with the authority to assess the charges of the administrative procedures division of the office of the secretary of state for any administrative hearing conducted under this section.
TN Code § 56-5-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-110. Licensing of Rate Service Organizations — Activities and Services

  License Required.  No rate service organization shall provide any service relating to the rates of any insurance subject to this part, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license under subsection (d).   Authorized Activities.  Any licensed rate service organization may:  Collect, compile, and furnish loss or expense statistics;   Recommend, make or file rates or supplementary rate information;   Advise about rate questions and provide supporting information for rates;   Develop, recommend or file policy provisions or forms, coverages, classifications, and statistical plans;   Make inspections, surveys and audits;   Conduct research and on-the-site inspections in order to prepare classifications of public fire defenses;   Provide actuarial, statistical and administrative services to insurers and insurer-supported organizations;   Conduct and report on the content of research projects; and   Furnish any other services related to those enumerated in this subsection (b).     Availability of Services.  No rate service organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services, nor shall a rate service organization require the purchase of any specific services as a condition to obtaining the services sought; provided, that the furnishing of the requested services does not place an unreasonable burden on the rate service organization.   Licensing.  Application.  A rate service organization applying for a license shall include with its application:  A copy of its constitution, articles of association or incorporation, bylaws, and any other rules or regulations governing the conduct of its business;   A list of its members and subscribers;   A service and acknowledgment of service of process as provided for insurance companies under § 56-2-501; and   A statement showing its technical qualifications.     Granting of a License.  If the commissioner finds that the applicant is qualified, the commissioner shall issue a license specifying the kinds of insurance or subdivisions of kinds of insurance for which the applicant is authorized to act as a rate service organization. Every application shall be granted or denied in whole or in part by the commissioner within sixty (60) days after the date of its filing. Licenses issued pursuant to this section shall remain in effect until suspended or revoked by the commissioner. The fee for the license shall be one hundred dollars ($100).
TN Code § 56-5-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-111. Registration of Advisory Organizations — Activities and Services

  Registration Required.  No advisory organization shall provide any service relating to the rates of any insurer subject to this part, and no insurer shall utilize the services of the organization for those purposes unless the organization has registered under subsection (d).   Authorized Activities.  A registered advisory organization may perform any of the authorized activities enumerated in § 56-5-110(b) except no advisory organization may make any filings on behalf of insurers.   Availability of Services.  No advisory organization shall refuse to supply any authorized services for which it is registered in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services, nor shall an advisory organization require the purchase of any specific services as a condition to obtaining the services sought; provided, that the furnishing of the requested services does not place an unreasonable burden on the advisory organization.   Form of Registration.  Registration.  An advisory organization shall submit, at the time of registration:  A copy of its constitution, articles of association or incorporation, bylaws, and any other rules or regulations governing the conduct of its business;   A list of its members and subscribers;   A service and acknowledgment of service of process as provided for insurance companies under § 56-2-501;   An agreement that the commissioner may examine each advisory organization in accordance with  § 56-5-115; and   A fee for registration in the amount of one hundred dollars ($100).     Prohibited Activities.  If after a hearing the commissioner finds that any activity or practice of any advisory organization is unfair, unreasonable or otherwise inconsistent with this part, the commissioner shall specify the finding in an order requiring the discontinuance of the activity or practice.
TN Code § 56-5-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-112. Plans for Reporting Loss and Expense Experience

  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.   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.
TN Code § 56-5-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-113. Agreements Between Insurers or With Other Organizations — Application for Deductible Plan — Rating Plans Submitted by Captive Insurance Companies Providing Workers' Compensation Coverage

  Except as provided in this chapter, no insurer may agree with any other insurer or with a rate service organization or an advisory organization to adhere to or use any rate or supplementary rate information. The fact that any insurer adheres to or uses the material is not sufficient in itself to support a finding that an agreement to adhere or use exists but may be used for the purpose of supplementing other evidence as to the existence of the agreement. Two (2) or more insurers having common ownership or operating in this state under common management or control may act in concert between or among themselves in the same manner as if they constitute a single insurer.   Any workers' compensation insurer may make written application to the commissioner for approval on its behalf of a deductible plan where the insurer can be reimbursed by the policyholder, effective for a period of not less than one (1) year, to be applied to the rates or premiums, or both, produced by the rating system. The application shall specify the basis for the modification and a copy of the application shall also be sent simultaneously to the rate service organization. The commissioner shall approve the modification for the insurer if the commissioner finds it to be justified. The commissioner shall not approve the modification if the commissioner finds that the resulting premiums would be excessive, inadequate or unfairly discriminatory.   Notwithstanding any other provision in this chapter, the commissioner may approve any rating plan submitted by a captive insurance company that is formed under chapter 13 of this title and is authorized to provide workers' compensation coverage, so long as the captive insurance company demonstrates to the commissioner's satisfaction that the proposed rating plan does not endanger the solvency of the company and adequately protects the insureds.
TN Code § 56-5-115 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-115. Examination of Insurance Entities by Commissioner

  The commissioner may examine any insurer, advisory organization, rate service organization, pool or residual market mechanism to ascertain compliance with this part.   Every insurer, advisory organization, rate service organization, pool and residual market mechanism shall maintain records of the type and kind reasonably adapted to its method of operation. The records shall contain the experience, data, statistics and other information collected or used by it in its activities. These records shall be available for examination or inspection by the commissioner at any time upon reasonable notice.   The cost of an examination made pursuant to this section shall be paid by the examined party in the same manner as provided by § 56-1-413.   The commissioner may accept the report of an examination made by the insurance supervisory official of another state in lieu of an examination under this section.
TN Code § 56-5-116 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-116. Payment of Dividends, Savings, and Premium Deposits Unaffected

 Nothing in this part shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers shall not be deemed a rating plan.
TN Code § 56-5-117 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-117. Violations — Penalties — Suspension of Licenses

  If the commissioner finds that any person or organization has violated this part, the commissioner may impose a penalty of not more than five hundred dollars ($500) for each violation, to be recovered for the use of the state in a civil action brought in the name of the state by the commissioner in a court of competent jurisdiction. Technical violations arising from systems or computer errors of the same type shall be treated as a single violation. In the event of an overcharge, if the insurer makes restitution, including payment of interest, no penalty shall be imposed.   The commissioner may, in lieu of subsection (a), impose a civil penalty after notice and hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if the commissioner finds that any person or organization has violated this part. This civil penalty shall not exceed five hundred dollars ($500) for each violation as provided for in subsection (a).   The commissioner has the discretion to abate the part of the penalty in this section that the facts of the particular case warrant and to bring suit for a lesser amount that may be determined, or to accept the lesser amount in settlement of the state's claim for penalties. Any abatement or settlement of the penalties by the commissioner shall be with the consent and approval of the attorney general and reporter.   The commissioner may suspend the license of any rate service organization or insurer for failure to comply with an order of the commissioner within the time limited by the order, or any extension of the time that the commissioner may grant. The commissioner may determine when a suspension of license becomes effective and it shall remain in effect for the period fixed by the commissioner, unless the commissioner modifies or rescinds the suspension, or until the order upon which the suspension is based is modified, rescinded, or reversed.   No license shall be suspended except upon a written order of the commissioner, stating the commissioner's findings, made after a hearing held upon not less than ten (10) days' written notice to the person or organization, specifying the alleged violation.
TN Code § 56-5-118 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-118. Review of Commissioner's Orders

 Review of any order issued by the commissioner shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Where the order of the commissioner results in an increase or decrease in rates, any insurer affected by the increase or decrease may, with leave of court, pending final disposition of the proceedings in the chancery court, continue to charge rates that were obtained prior to the order of decrease, or may charge rates resulting from the order of increase on condition that the difference in the premiums be deposited in a special account by the insurer or paid to the holders of policies issued after the order of the commissioner, as the court may determine.
TN Code § 56-5-119 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-119. System Intended to Provide Stable Insurance Market

 It is the intent of the general assembly that the advisory prospective loss costs system for workers' compensation insurance be implemented with the goal of providing long-term stability in the workers' compensation insurance market.
TN Code § 56-5-120 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 5 - Rates and Rating Organizations|Part 1 - General Provisions|§ 56-5-120. Designated Rate Service Organizations — Uniform Statistical Plan — Workers' Compensation Insurers — Membership — Policy Forms — Uniform Classification Scheme — Uniform Experience Rating Plan

  The commissioner may designate a rate service organization to assist in gathering, compiling and reporting relevant workers' compensation insurance statistical information. If the commissioner makes the designation, every workers' compensation insurer shall record and report its workers' compensation insurance experience to the designated rate service organization as set forth in the uniform statistical plan approved by the commissioner and if requested shall file a copy of the report with the commissioner.   Each workers' compensation insurer shall be a member of the workers' compensation insurance rate service organization. Each workers' compensation insurer shall adhere to the policy forms and rating rules filed by the designated rate service organization.   Every workers' compensation insurer shall adhere to a uniform classification system and uniform experience and retrospective rating plans that have been filed with the commissioner by the designated rate service organization and approved by the commissioner.   Subject to the approval of the commissioner, the rate service organization shall develop and file rules reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan and the uniform classification system.   For workers' compensation insurance provided in the voluntary market, no schedule rating plan shall limit its application to any risk based on premium size or eligibility for experience rating; provided, that the application for the plan to any individual risk shall not result in the premium for the risk being less than the classification minimum premium established for workers' compensation insurance.