reglab/housing_qa huggingface dataset:
TN Code § 56-9-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-106. Obligation to Cooperate With Commissioner — Obstruction Of, or Interference With, Commissioner — Penalties

   Any officer, manager, director, trustee, owner, employee or agent of any insurer, or any other persons with authority over, or in charge of, any segment of the insurer's affairs, shall cooperate with the commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding.   As used in this section:  “Person” includes any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer; and   “To cooperate” includes, but is not limited to, the following:   To reply promptly in writing to any inquiry from the commissioner requesting such a reply; and   To make available to the commissioner any books, accounts, documents, or other records or information or property of, or pertaining to, the insurer and in the person's possession, custody or control.         No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.   This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.   Any person included within subsection (a) who willfully and wrongfully obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the commissioner issued validly under this chapter may:  Be sentenced by a court of competent jurisdiction to pay a fine not exceeding ten thousand dollars ($10,000) or be punished for a Class E felony, or both; or   After a hearing, be subject to the imposition by the commissioner of a civil penalty not to exceed ten thousand dollars ($10,000) and shall be subject further to the revocation or suspension of any insurance licenses issued by the commissioner.
TN Code § 56-9-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-107. Applicability

 Every proceeding heretofore commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that, in the discretion of the commissioner, the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
TN Code § 56-9-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-108. Insurers Subject to Delinquency Proceedings — Restrictions

 No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall:   Be released from the proceeding, unless the proceeding is converted into a judicial rehabilitation or liquidation proceeding;   Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;   Be returned to the control of its shareholders or private management; or   Have any of its assets returned to the control of its shareholders or private management until all payments of, or on account of, the insurer's contractual obligations by all guaranty associations, together with all expenses and interest on all the payments and expenses, have been repaid to the guaranty associations or a plan of repayment by the insurer has been approved by the guaranty association.
TN Code § 56-9-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 1 - General Provisions|§ 56-9-109. Authentication of Documents — Petitions and Exhibitions — Cost of Reproducing Records

  The receivership court shall receive as self-authenticated any of the following when offered by the commissioner:  Certified copies of the financial statements made by the insurer; and   Certified copies of examination reports of the insurer made by or on behalf of the commissioner.     The receiver has the authority to certify to the correctness of any paper, document or record of the office of the receiver and to make certificates of the receiver certifying any fact contained in the papers, documents or records of the office of the receiver; and the same shall be received in evidence in all cases in which the original would be evidence.   At any receivership hearing or proceeding, the verified petition and exhibits filed therewith shall be received as prima facie evidence of the facts therein contained.   The appointment of the commissioner as receiver shall in no way operate to bring records of a delinquent insurer under § 10-7-503. If a third party successfully pursues a records request in the receivership court, the receiver shall be reimbursed for the reasonable cost of producing the records.
TN Code § 56-9-201 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 2 - Summary Proceedings|§ 56-9-201. Grounds for Filing by Commissioner — Court Order

  The commissioner may file in the chancery court of Davidson County a petition alleging, with respect to a domestic insurer:  That there exists any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this part;   That the interests of policyholders, creditors or the public will be endangered by delay; and   The contents of an order deemed necessary by the commissioner.     Upon a filing under subsection (a), the court may issue forthwith, ex parte and without a hearing, the requested order, which shall direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents and other records of an insurer, and of the premises occupied by it for transaction of its business; and, until further order of the court, enjoin the insurer and its officers, managers, agents and employees from disposition of its property and from the transaction of its business except with the written consent of the commissioner.   The court shall specify in the order what its duration shall be, which shall be the time as the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold hearings as it deems desirable after notice as it deems appropriate, and may extend, shorten or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order.   Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.   An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of the order for a hearing and review of the order. The court shall hold such a hearing and review not more than fifteen (15) days after the request. A hearing under this subsection (e) may be held privately in chambers, and it shall be so held if the insurer proceeded against so requests.   If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.
TN Code § 56-9-202 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 2 - Summary Proceedings|§ 56-9-202. Records of Delinquency Proceedings — Confidentiality

  In all proceedings and judicial reviews under § 56-9-201, all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the chancery court of Davidson County, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until the court order, all papers filed with the clerk of the chancery court of Davidson County shall be held by the clerk in a confidential file.   Subsection (a) shall not be applicable in any proceeding where the insurer on the date of the filing of the proceeding had derived fifty-one percent (51%) or more of its revenue for the past twelve (12) months from a contract or contracts with a governmental entity to provide health care services to enrollees in a publicly funded medical assistance program pursuant to title 71. In these cases, the records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to, or are a part of, the record of the proceeding and that reflect the financial solvency of the insurer, shall be open to public inspection under the Tennessee Public Records Act, compiled in title 10, chapter 7, unless otherwise required to be maintained as confidential under federal or state law. An insurer within fifteen (15) days from the date of seizure may apply to the court for a stay of application of this subsection (b), or for a protective order for particularized information that is proprietary in nature, the disclosure of which would be injurious to the rehabilitation of the insurer. This subsection (b) shall be stayed from the date of seizure until a court of competent jurisdiction rules on the application for a stay or a protective order.
TN Code § 56-9-302 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-302. Order to Rehabilitate Business of Insurer — Effect

   An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and the commissioner's successors in office the rehabilitator, and shall direct the rehabilitator immediately to take possession of the assets of the insurer and to administer them under the general supervision of the court.   The filing or recording of the order with the clerk of the chancery court of Davidson County or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.   The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.     Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at intervals that the court specifies in its order, but no less frequently than semi-annually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under § 56-9-303(e) shall be prepared by the rehabilitator and the timetable for doing so.   Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless the revocation or cancellation is done by the rehabilitator pursuant to § 56-9-303.
TN Code § 56-9-304 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-304. Rehabilitation Order — Stay of Pending Action or Proceeding — Tolling of Statute of Limitations — Laches Unavailable — Standing — Federal Home Loan Bank

  Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety (90) days and any additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as the rehabilitator deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.   No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one (1) year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which the order is entered.   Any guaranty association or foreign guaranty association covering life or health insurance or annuities has standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if the association is or may become liable under this chapter as a result of the rehabilitation.   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.
TN Code § 56-9-305 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-305. Order of Liquidation — Termination of Rehabilitation

  Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public, or would be futile, the commissioner may petition the chancery court of Davidson County for an order of liquidation. A petition under this subsection (a) shall have the same effect as a petition under § 56-9-306. The chancery court of Davidson County shall permit the directors of the insurer to take actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of the costs and other expenses of defense as justice may require.   The protection of the interests of insureds, claimants and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six (6) months at any time after the appointment of the rehabilitator, and the rehabilitator has not filed an application for approval of a plan under § 56-9-303(e), the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.   The rehabilitator may at any time petition the chancery court of Davidson County for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of the petition as justice may require. If the chancery court of Davidson County finds that rehabilitation has been accomplished and that grounds for rehabilitation under § 56-9-301 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business. The chancery court of Davidson County may also make that finding and issue that order at any time upon its own motion.
TN Code § 56-9-306 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-306. Grounds for Order of Liquidation

 The commissioner may petition the chancery court of Davidson County for an order directing the commissioner to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:   Of any ground for an order of rehabilitation as specified in § 56-9-301, whether or not there has been a prior order directing the rehabilitation of the insurer;   That the insurer is insolvent; or   That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors or the public.
TN Code § 56-9-308 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-308. Liquidation Order — Continuation or Termination of Insurance Policies

  All policies, including bonds and other noncancellable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation, shall continue in force only for the lesser of:  A period of thirty (30) days from the date of entry of the liquidation orders;   The expiration of the policy coverage;   The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;   The date when the liquidator has effected a transfer of the policy obligation pursuant to § 56-9-310(a)(10); or   The date proposed by the liquidator and approved by the court to cancel coverage.     An order of liquidation under § 56-9-307 shall terminate coverage at the time specified in subsection (a) for purposes of any other statute.   Policies of life or health insurance or annuities shall continue in force for the period and under the terms that are provided for by any applicable guaranty association or foreign guaranty association.   Policies of life or health insurance or annuities or any period of coverage of the policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (a) and (b).
TN Code § 56-9-309 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-309. Liquidation of Insurer — Dissolution of Corporate Existence

 The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time the commissioner applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
TN Code § 56-9-311 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-311. Notice of Liquidation Order — Method — Contents — Effect of Notice

  Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible by:  First class mail and either telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business;   First class mail to any guaranty association or foreign guaranty association that is or may become obligated as a result of the liquidation;   First class mail to all insurance agents of the insurer;   First class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and   Publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in any other locations the liquidator deems appropriate.     Except as otherwise established by the liquidator with approval of the court, notice to potential claimants under subsection (a) shall require claimants to file with the liquidator their claims, together with proper proofs under § 56-9-324, on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.    Notice under subsection (a) to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.   The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator's possession or control, and otherwise cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.     If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
TN Code § 56-9-312 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 9 - Insurers Rehabilitation and Liquidation Act|Part 3 - Formal Proceedings|§ 56-9-312. Notice of Liquidation Order — Response by Agents of Insurer — Penalty for Failure to Respond

   Every person who receives notice in the form prescribed in § 56-9-311 that an insurer that the person represents as an agent is the subject of a liquidation order shall, within thirty (30) days of the notice, provide to the liquidator, in addition to the information the person may be required to provide pursuant to § 56-9-106, the information in the agent's records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to the general agent, including the name and address of the subagent.   A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in the agent's possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.     Any agent failing to provide information to the liquidator as required in subsection (a) may be subject to payment of a penalty of not more than one thousand dollars ($1,000) and may have the agent's licenses suspended, the penalty to be imposed after a hearing held by the commissioner.