reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-406 - Trustees of companies of other countries

(a)
Any admitted company of a foreign country may appoint trustees who are citizens of the United States, and approved by the commissioner, to hold funds in trust for the benefit of its policyholders and creditors in the United States.
(b)
These trustees shall be named by the directors of the company, and a certified copy of the record of the appointment of the trustees and of the deed of trust shall be filed in the office of the commissioner, who may examine the trustees and the assets in trust, and all books and papers relating to the trust, in the same manner that the commissioner may examine the officers, agents, assets, and affairs of insurance companies.
(c)
The funds held by the trustees, so far as the funds are in securities, money, or credits, admissible as sound assets in the financial accounts of insurance companies, shall, together with its deposits made in accordance with §
56-2-405
, constitute the assets of the company as regards its policyholders and creditors in the United States.
Acts 1895, ch. 160, § 11; Shan., § 3294; Code 1932, § 6110; T.C.A. (orig. ed.), §§ 56-311, 56-233.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-407 - Revocation of authority of foreign companies

The authority of a foreign insurance company may be revoked:
(1)
If it violates or neglects to comply with any law obligatory upon it;
(2)
Whenever, in the opinion of the commissioner, its condition is unsound, or its assets above its liabilities exclusive of capital and inclusive of unearned premiums, as provided in §§
56-1-402
- 56-1-405 [see the Compiler's Notes], are less than the amount of its original capital or required unimpaired funds; or
(3)
If any foreign company licensed to transact business in this state reinsures or accepts reinsurance on property located in this state for any company not authorized to transact the business of insurance in this state; provided, that §
56-1-102
does not apply to foreign marine policies.
Acts 1895, ch. 160, § 12; Shan., § 3295; Acts 1919, ch. 170, § 1; Code 1932, § 6111; T.C.A. (orig. ed.), §§ 56-312, 56-234.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-408 - Licenses of foreign insurance companies expire on July 1

All licenses authorizing foreign insurance companies to transact their business in the state shall terminate or expire on July 1 next succeeding the date of their issuance, unless sooner revoked by the commissioner.
Acts 1903, ch. 442, § 1; 1917, ch. 65, § 1; Shan., § 3302a1; Code 1932, § 6119; Acts 1947, ch. 91, § 1; C. Supp. 1950, § 6119; T.C.A. (orig. ed.), §§ 56-313, 56-235.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-409 - Renewal of license of foreign fire or marine companies - Terms

Renewal of a license to transact the business of fire, fire marine, or marine insurance in this state, for companies or associations not incorporated under the laws of this state, shall only be issued after the secretary or manager of the company or association desiring to renew the license to do business in this state has first made oath that no policy or contract of insurance covering property located in the state has been issued, written, or placed during the twelve (12) months preceding, except by resident local agents of the company or association in the state, duly commissioned, and until and after the company or association has complied with all other laws of this state in respect to the admission of companies of other states and foreign countries.
Acts 1899, ch. 430, § 2; Shan., § 3369a60; Code 1932, § 6342; T.C.A. (orig. ed.), §§ 56-314, 56-236.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-410 - Revocation of license of fire or marine companies - Reinstatement

(a)
If any fire, fire marine, or marine insurance company or association violates or fails to observe and comply with any or all of the provisions of §
56-2-409
, this section and §
56-2-411
applicable to it, it immediately shall become the duty of the commissioner to investigate the company's or association's conduct, and if the commissioner is satisfied as to the guilt of the insurance company or association, it shall be the commissioner's duty to revoke the license of the company or association to transact business in this state, and the revocation shall continue for at least one (1) year from the date of revocation.
(b)
No insurance company or association whose authority to transact business in this state has been so revoked shall be again authorized or permitted to transact business until it has filed in the office of the commissioner a certificate, signed by its president or other chief officer, to the effect that the terms and obligations of §
56-2-409
, this section and §
56-2-411
are accepted by it as a part of the condition of its right and authority to transact business in this state.
Acts 1899, ch. 430, § 4; Shan., § 3369a62; Code 1932, § 6344; T.C.A. (orig. ed.), §§ 56-317, 56-239.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-411 - Citizens procuring insurance with foreign companies - Liability for taxes

(a)
Under §§
56-2-409
,
56-2-410
, and this section are also included citizens of this state procuring and holding insurance contracts or policies on the types of coverage listed in §
56-2-201
upon property situated or located in this state in companies not authorized to transact business in this state.
(b)
The procuring or accepting policies or contracts of the insurance from unauthorized companies or associations makes every citizen of this state, including industrial insureds as defined in §
56-2-105(7)
, holding the contracts or policies liable for taxes, the same as if procured through a surplus lines agent. The taxes shall be paid at the same time, in the same manner, and at the same rate as the tax levied on surplus lines insurance in §§
56-14-106
and
56-14-113
.
Amended by 2016 Tenn. Acts, ch. 735, s 3, eff. 4/7/2016.
Amended by 2015 Tenn. Acts, ch. 155, s 3, eff. 4/17/2015.
Acts 1899, ch. 430, § 5; Shan., § 3369a63; Code 1932, § 6345; T.C.A. (orig. ed.), §§ 56-318, 56-240.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 4 - FOREIGN AND ALIEN INSURANCE COMPANIES (§§ 56-2-401 — 56-2-412) › Section 56-2-412 - Retaliatory provisions - Dividing commissions between agents

(a)
Whenever the laws of any other state of the United States require of insurance companies incorporated by or organized under the laws of this state, or the agents of the companies, any deposit of securities in such state for the protection of policyholders, or otherwise, greater than the amount required for similar purposes from similar companies of other states by the then existing laws of this state, then, in every such case, all companies of the states establishing an agency or agencies in this state shall be required to make the same deposit for a like purpose with the state treasurer and to pay into the state treasury the taxes, fines, penalties, license fees, or otherwise, an amount equal to the amount of the charges and payments imposed by law of such state upon companies of this state, and their agents.
(b)
Any commission received by a Tennessee resident agent may be shared with another resident agent or with a licensed nonresident insurance agent or broker; provided, that if the nonresident insurance agent or broker resides in, or is a licensed agent or broker in, a state that requires the retention of a stipulated percentage of the commission on risks placed in the state by nonresident agents or brokers, then and in that event the Tennessee resident agent shall require the same percentage of the commission as would be required if a Tennessee agent or broker placed similar insurance in the state of the residence of the nonresident insurance agent or broker; and provided further, that if the nonresident insurance agent or broker resides in a state, county or municipality that by statute or ordinance prohibits the division of commissions on insurance covering property or risks in the city, county or state of the nonresident agent or broker, then and in that event it shall be unlawful for the Tennessee resident agent or broker to pay the nonresident agent or broker any share or portion of the commission on insurance on property or risks in this state.
Acts 1895, ch. 160, § 20; Shan., § 3304; Code 1932, § 6124; T.C.A. (orig. ed.), § 56-309; Acts 1955, ch. 128, § 1; T.C.A. (orig. ed.), § 56-241.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-501 - Service and acknowledgment of service of process against incorporated domestic insurance companies

(a)
Every insurance company incorporated under the laws of this state shall, by a duly executed instrument, constitute and appoint the commissioner, the commissioner's deputy and their successors in office its true and lawful attorneys, upon whom all lawful processes in any action or legal proceeding against it may be served and who may acknowledge any such lawful processes.
(b)
Every insurance company incorporated under the laws of this state shall agree that any lawful process against it that may be served upon its attorneys or upon which they may acknowledge service, shall be of the same force and validity as if served on the company, and that the authority thereof shall continue in force irrevocably as long as any liability of the company remains outstanding.
(c)
Any process issued by any court of record in this state and acknowledged by or served upon the commissioner or the commissioner's deputy by the proper officer of the county in which the office of commissioner or deputy is located shall be deemed a sufficient process on the company. It is the duty of the commissioner and deputy, immediately after service of process, to forward by registered return receipt mail to the company an exact copy of the process.
(d)
A record of each service of process shall be kept in the office of the commissioner, showing the date of service, the name of the company on whose behalf service was acknowledged, the name of the plaintiff or complainant, the date the defendant is required to answer, the court issuing the process, and the county in which the suit is brought.
(e)
The power of attorney shall be filed and kept in the office of the commissioner.
Acts 1909, ch. 265, § 1; Shan., § 3292a2; mod. Code 1932, § 6108; T.C.A. (orig. ed.), §§ 56-237, 56-242.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-502 - Service of process on foreign and alien companies - Definitions

As used in this section and §§
56-2-503
and
56-2-504
:
(1)
"Alien insurance company" means an insurance company organized under the laws of any country other than the United States or territory or insular possession of the United States or of the District of Columbia;
(2)
"Doing business in this state" by any foreign or alien insurance company means the doing in this state by the company of any act whatsoever, whether interstate or intrastate in nature, including the soliciting, making, or delivering of insurance contracts in this state, by an agent, mail or otherwise;
(3)
"Foreign insurance company" means an insurance company organized under the laws of any state of the United States, other than this state, or under the law of any territory or insular possession of the United States or the District of Columbia; and
(4)
"Insurance company" means an insurance or surety company, including mutual companies, and includes a corporation, company, partnership, association, social, fraternal or otherwise, order, individual or aggregation of individuals engaging in or proposing or attempting to engage in any kind of insurance or surety business, including the exchange of reciprocal or interinsurance contracts between individuals, partnerships and corporations.
Acts 1947, ch. 119, §§ 1, 2; C. Supp. 1950, § 6211.1 (Williams, §§ 6459.48, 6459.49); T.C.A. (orig. ed.), §§ 56-319, 56-243.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-503 - Commissioner as attorney for purpose of process

(a)
Any foreign or alien insurance company, before doing business in this state, as defined in §
56-2-502
, shall appoint the commissioner its true and lawful attorney as required by §
56-2-103(a)(3)
.
(b)
If the company does business in this state, as defined in §
56-2-502
, without having appointed the commissioner its true and lawful attorney, as required in this part, it shall, by doing business in this state, be deemed to have thereby appointed the commissioner its true and lawful attorney for the purposes set forth in this part.
(c)
The requirements of this section shall be in addition to, and not in derogation of, any other law.
Acts 1947, ch. 119, §§ 3-5; C. Supp. 1950, § 6211.2 (Williams, §§ 6459.50-6459.52); modified; T.C.A. (orig. ed.), § 56-320; impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 56-244.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-504 - Any lawful process may be served on commissioner or secretary of state - Requirements

(a)
When the commissioner has been appointed or constituted attorney for a foreign or alien insurance company, either by power of attorney or by failure to comply with §
56-2-503
, any lawful process against or notice to the company in any action or proceeding against it from any cause of action arising in the state may be served on the commissioner, and filing the power of attorney or doing business in the state shall be a signification of its agreement that the process or notice served shall be of the same legal force and validity as if served upon it in the state. In case of any action or proceeding instituted by or on behalf of the commissioner against or with reference to the company, process may be lawfully served on the secretary of state.
(b)
Service of process shall be made by leaving two (2) copies of the process or notice, together with a fee of fifteen dollars ($15.00), in the office of the commissioner, together with an affidavit giving the last known address of the defendant, and the service shall be sufficient if notice of the service, and a copy of the process or notice are forthwith sent by registered mail, with return receipt requested, or certified mail by the commissioner to the company at the last known address. An affidavit of the commissioner showing compliance with this subsection (b) shall be filed with the paper in the action or proceeding.
(c)
The court in which the action or proceeding is pending may order continuances necessary to afford the defendant reasonable opportunity to defend the action. No judgment shall be entered against the defendant under this section until at least thirty (30) days have elapsed after process or notice has been served on the commissioner.
(d)
The references in this section to the commissioner shall, in the case of any action or proceeding instituted by or on behalf of the commissioner, be deemed to refer to the secretary of state, and the duties and responsibilities imposed by this section shall, in such cases, be performed and discharged by the secretary of state.
Acts 1947, ch. 119, §§ 6, 7; C. Supp. 1950, § 6211.3 (Williams, §§ 6459.53, 6459.54); Acts 1953, ch. 136, § 1; T.C.A. (orig. ed.), § 56-321; impl. am. Acts 1971, ch. 137, § 2; Acts 1976, ch. 476, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-245; Acts 1980, ch. 821, §§ 1, 2; 2001, ch. 333, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-505 - Unauthorized insurers doing business constitutes secretary of state as attorney for service of process

(a)
Any act of entering into a contract of insurance as an insurer or transacting insurance business in this state, as set forth in §
56-2-107
, by an unauthorized foreign or alien company, is equivalent to and constitutes an appointment by the company of the secretary of state to be its true and lawful attorney upon whom may be served all lawful process in any action or proceeding against it:
(1)
Arising out of a violation of §
56-2-105
; or
(2)
To collect the taxes imposed in chapter 4 of this title.
(b)
The performance of any of the acts enumerated in §
56-2-107
is signification of the company's agreement that any such process against it that is so served is of the same legal force and validity as if served upon the company.
Acts 1968, ch. 536, § 7; T.C.A., § 56-255.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-506 - Method of service - Notice to defendant - Filing with clerk

(a)
Service of process shall be made by delivering and leaving with the secretary of state two (2) copies of the process.
(b)
The secretary of state shall forthwith mail by registered mail one (1) of the copies of the process to the company at its last known principal place of business, and shall keep a record of all process so served upon the secretary of state.
(c)
The service shall be sufficient service upon the company; provided, that notice of the service and a copy of the process are, within ten (10) days thereafter, sent by registered mail by or on behalf of the commissioner to the company at its last known principal place of business; and provided, further, that the receipt by the secretary of state and an affidavit of compliance with this section by or on behalf of the commissioner are filed with the clerk of the court in which the action or proceeding is pending on or before the return date of the process or within any further time that the court allows.
Acts 1968, ch. 536, § 8; T.C.A., § 56-256.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-507 - Continuance may be granted - Motion to quash or set aside service

(a)
The court in any action or proceeding in which service is made in the manner provided in §
56-2-506
may, in its discretion, order a postponement necessary to afford the company reasonable opportunity to defend the action or proceeding.
(b)
Nothing in this section is to be construed to prevent an unauthorized foreign or alien company from filing a motion to quash a writ or to set aside service of the motion made in the manner provided in §
56-2-506
on the ground that the unauthorized company has not done any of the acts referred to in §
56-2-107
.
Acts 1968, ch. 536, § 9; T.C.A., § 56-257.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-508 - Time allowed before judgment

No judgment by default shall be entered in the action or proceeding until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
Acts 1968, ch. 536, § 10; T.C.A., § 56-258.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 5 - SERVICE OF PROCESS (§§ 56-2-501 — 56-2-509) › Section 56-2-509 - Provisions supplemental

Nothing in §§
56-2-505
- 56-2-508 or this section shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon any company in any other manner now or hereafter permitted by law.
Acts 1968, ch. 536, § 11; T.C.A., § 56-259.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-601 - Short title

This part shall be known and may be cited as the "Unauthorized Insurers Process Act."
Acts 1955, ch. 2, § 6; T.C.A., §§ 56-327, 56-246.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-602 - Acts constituting commissioner as attorney for service of process

(a)
Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer, is equivalent to and shall constitute an appointment by the insurer of the commissioner and the commissioner's successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contract of insurance:
(1)
The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state;
(2)
The solicitation of applications for the contracts;
(3)
The collection of premiums, membership fees, assessments or other considerations for the contracts; or
(4)
Any other transaction of insurance business.
(b)
Any of the acts mentioned in subdivsions (a)(1)-(4) shall be signification of the insurer's agreement that the service of process is of the same legal force and validity as personal service of process in this state upon the insurer.
Acts 1955, ch. 2, § 2; T.C.A., § 56-328; modified; T.C.A., § 56-247.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-603 - Method of service - Notice to defendant

(a)
The service of process shall be made by delivering to and leaving with the commissioner or some person in apparent charge of the commissioner's office two (2) copies of the service of process and the payment to the commissioner or other person of the fees prescribed by law.
(b)
The commissioner shall forthwith mail by registered mail one (1) of the copies of the process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon the commissioner.
(c)
The service of process is sufficient; provided, that notice of the service and a copy of the process are sent within ten (10) days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear, or within a further time that the court allows.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-329, 56-248.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-604 - Personal service on agent or representative - Copy of process to defendant - Filing with clerk

Service of process in the action, suit or proceeding shall, in addition to the manner provided in §
56-2-603
, be valid if:
(1)
Served upon any person within the state who, in this state on behalf of the insurer is soliciting insurance, is making, issuing or delivering any contract of insurance, or collecting or receiving any premium, membership fee, assessment or other consideration for insurance;
(2)
A copy of the process is sent within ten (10) days thereafter by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant; and
(3)
The defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear, or within a further time that the court allows.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-330, 56-249.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-605 - Time allowed before judgment

No plaintiff or complainant shall be entitled to a judgment by default, or a judgment with leave to prove damages, or a judgment pro confesso under §§
56-2-602
- 56-2-604, this section and §
56-2-606
until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-331, 56-250.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-606 - Provisions supplemental

Nothing contained in §§
56-2-602
- 56-2-605 and this section shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law.
Acts 1955, ch. 2, § 2; T.C.A., §§ 56-332, 56-251.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-607 - Defense by insurer - Bond or certificate of authority

Before any unauthorized foreign or alien insurer files or causes to be filed any pleading in any action, suit or proceeding instituted against it, the unauthorized insurer shall:
(1)
Deposit with the clerk of the court in which the action, suit or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment that may be rendered in the action; or
(2)
Procure a certificate of authority to transact the business of insurance in this state.
Acts 1955, ch. 2, § 3; T.C.A., §§ 56-333, 56-252.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-608 - Discretionary continuances

The court, in any action, suit or proceeding in which service is made in the manner provided in §
56-2-603
or §
56-2-604
, may, in its discretion, order a postponement that may be necessary to afford the defendant reasonable opportunity to comply with §
56-2-607
, and to defend the action.
Acts 1955, ch. 2, § 3; T.C.A., §§ 56-334, 56-253.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 6 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 56-2-601 — 56-2-609) › Section 56-2-609 - Motions to quash or set aside service

Nothing in §
56-2-607
is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service of the motion made in the manner provided in §
56-2-603
or §
56-2-604
on the ground either that:
(1)
The unauthorized insurer has not done any of the acts enumerated in §
56-2-602
; or
(2)
The person on whom service was made pursuant to §
56-2-604
was not doing any of the acts enumerated in §
56-2-604
.
Acts 1955, ch. 2, § 3; T.C.A., §§ 56-335, 56-254.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 7 - ENFORCEMENT OF DECISIONS AND ORDERS (§§ 56-2-701 — 56-2-704) › Section 56-2-701 - Enforcement of orders or decisions against unauthorized insurers

Upon the request of the commissioner, the attorney general and reporter may proceed in the courts of this state, or any reciprocal state, to enforce any order or decision in any court proceeding, or in any administrative proceeding before the commissioner, against any insurer arising out of a violation of §§
56-2-105
- 56-2-111.
Acts 1969, ch. 315, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 56-260.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 7 - ENFORCEMENT OF DECISIONS AND ORDERS (§§ 56-2-701 — 56-2-704) › Section 56-2-702 - Part definitions

As used in this part:
(1)
"Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located in the reciprocal state, against any insurer incorporated or authorized to do business in this state;
(2)
"Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state; and
(3)
"Reciprocal state" means any state or territory of the United States, the laws of which contain procedures substantially similar to those specified in this part for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in the state or territory.
Acts 1969, ch. 315, § 1; T.C.A., § 56-261.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 7 - ENFORCEMENT OF DECISIONS AND ORDERS (§§ 56-2-701 — 56-2-704) › Section 56-2-703 - List of reciprocal states

The commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of those states.
Acts 1969, ch. 315, § 1; T.C.A., § 56-262.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 7 - ENFORCEMENT OF DECISIONS AND ORDERS (§§ 56-2-701 — 56-2-704) › Section 56-2-704 - Enforcement of foreign decrees

(a)
Filing and Status.
(1)
A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of the chancery court of Davidson County.
(2)
The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree, shall treat the foreign decree in the same manner as a decree of that court. A foreign decree so filed has the same effect and shall be deemed as a decree of that court, and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a decree of that court and may be enforced or satisfied in like manner.
(b)
Notice of Filing.
(1)
At the time of the filing of the foreign decree, the attorney general and reporter shall make and file with the clerk of the chancery court of Davidson County an affidavit setting forth the name and last known post office address of the defendant.
(2)
Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner and shall make a note of the mailing in the docket. In addition, the attorney general and reporter may mail a notice of the filing of the foreign decree to the defendant and to the commissioner and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general and reporter has been filed.
(3)
No execution or other process for enforcement of a foreign decree filed under this part shall issue until thirty (30) days after the decree is filed.
(c)
Stay.
(1)
If the defendant shows the chancery court of Davidson County that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, that court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.
(2)
If the defendant shows the court any ground upon which enforcement of a decree of the court would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree that is required in this state.
(d)
Fees.
Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the chancery court of Davidson County.
Acts 1969, ch. 315, § 1; T.C.A., § 56-263.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 8 - CONFIDENTIAL INFORMATION (§ 56-2-801) › Section 56-2-801 - Sharing of confidential information

The commissioner shall maintain as confidential all information received from the National Association of Insurance Commissioners (NAIC), any state or federal agency, and foreign countries that is confidential in those jurisdictions. The commissioner may allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the regulatory officials of any state or federal agency and foreign countries; provided, that the recipients are required, under their respective laws, to maintain such confidentiality. The commissioner may also allow for the sharing of otherwise confidential documents, materials, information, administrative or judicial orders, and other actions with the NAIC; provided, that the NAIC demonstrates by written statement its intent to maintain such confidentiality.
Acts 2012, ch. 633, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-901 - Short title

This part shall be known and may be cited as the "Corporate Governance Annual Disclosure Act."
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-902 - Purpose and scope

(a)
The purpose of this part is to:
(1)
Provide the commissioner a summary of an insurer or insurance group's corporate governance structure, policies, and practices to permit the commissioner to gain and maintain an understanding of the insurer's corporate governance framework;
(2)
Outline the requirements for completing a corporate governance annual disclosure with the commissioner; and
(3)
Provide for the confidential treatment of the corporate governance annual disclosure and related information.
(b)
Nothing in this part prescribes or imposes corporate governance standards and internal procedures beyond that which is required under applicable law. Notwithstanding this section, nothing in this part limits the commissioner's authority or the rights or obligations of third parties under §§
56-1-408
- 56-1-413.
(c)
This part applies to all insurers domiciled in this state, except for:
(1)
Captive insurance companies licensed under the Revised Tennessee Captive Insurance Act, compiled in chapter 13 of this title; and
(2)
Risk retention groups licensed under chapter 45 of this title.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-903 - Part definitions

As used in this part:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Corporate governance annual disclosure" or "CGAD" means a confidential report filed by the insurer or insurance group in accordance with this part;
(3)
"Department" means the department of commerce and insurance;
(4)
"Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in §
56-11-101
;
(5)
"Insurer" has the same meaning as "insurance company" in §
56-1-102
, except that "insurer" does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state;
(6)
"NAIC" means the National Association of Insurance Commissioners; and
(7)
"ORSA summary report" means the report filed in accordance with chapter 11, part 2 of this title.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-905 - Rules

The commissioner may promulgate rules as are necessary to carry out this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-906 - Contents of corporate governance annual disclosure

(a)
The insurer or insurance group has discretion over the responses to the CGAD inquiries, provided that the CGAD must contain the material information necessary to permit the commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies, and practices. The commissioner may request additional information that the commissioner deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or the controls implementing those policies.
(b)
Notwithstanding subsection (a), the CGAD must be prepared consistent with rules promulgated pursuant to this part. The rules must be consistent with subsection (c). Documentation and supporting information must be maintained and made available upon examination or upon the request of the commissioner.
(c)
Rules promulgated under this part must prescribe separate but suitable corporate governance reporting requirements for any insurer or insurance group that is not admitted to write insurance on a direct basis in any other jurisdiction and is either:
(1)
Organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68; or
(2)
Governed by a board of which at least seventy-five percent (75%) of its voting directors receive no more than nominal compensation.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-909 - Sanctions

Any insurer failing, without just cause, to timely file the CGAD as required in this part is required, after notice and a hearing, to pay a civil penalty of one hundred dollars ($100) per day for each day of delay, to be recovered by the commissioner, which must be paid into the general fund of this state. The maximum penalty under this section is ten thousand dollars ($10,000). The commissioner may reduce the civil penalty if the insurer demonstrates to the commissioner that imposition of the civil penalty would constitute a financial hardship to the insurer in the commissioner's sole discretion.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 9 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 56-2-901 — 56-2-910) › Section 56-2-910 - Severability

If any provision of this part other than §
56-2-907
, or the application of this part to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this part that can be given effect without the invalid provision or application, and to that end the provisions of this part, with the exception of §
56-2-907
, are severable.
Added by 2018 Tenn. Acts, ch. 873,s 8, eff. 1/1/2019.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 10 - INSURANCE DATA SECURITY LAW. (§§ 56-2-1001 — 56-2-1011) › Section 56-2-1001 - Short title

This part is known and may be cited as the "Insurance Data Security Law."
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 10 - INSURANCE DATA SECURITY LAW. (§§ 56-2-1001 — 56-2-1011) › Section 56-2-1002 - Purpose and intent

(a)
This part establishes the exclusive standards for data security, licensees' investigations of cybersecurity events, and licensees' notification of cybersecurity events to the commissioner and affected consumers.
(b)
This part does not create or imply a private cause of action for a violation of this part, nor does this part limit a private cause of action that otherwise exists.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 10 - INSURANCE DATA SECURITY LAW. (§§ 56-2-1001 — 56-2-1011) › Section 56-2-1005 - Investigation of a cybersecurity event

(a)
If a licensee learns that a cybersecurity event has or may have occurred, then the licensee or an outside vendor or service provider designated to act on behalf of the licensee shall conduct a prompt investigation.
(b)
During the investigation, the licensee or outside vendor or service provider shall, at a minimum:
(1)
Determine whether a cybersecurity event has occurred;
(2)
Assess the nature and scope of the cybersecurity event;
(3)
Identify nonpublic information that may have been involved in the cybersecurity event; and
(4)
Take or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.
(c)
If the licensee learns that a cybersecurity event has or may have occurred in a system maintained by a third-party service provider, then the licensee shall complete, or confirm and document that the third-party service provider has completed, the actions required by subsection (b).
(d)
The licensee shall maintain records concerning all cybersecurity events for a period of at least five (5) years from the date of discovery of the cybersecurity event and shall provide those records to the commissioner upon request.
(e)
If the licensee conducts an investigation or review of a potential or suspected cybersecurity event and determines that an event is not a cybersecurity event, then the licensee must reduce that determination to writing and maintain that writing for a period of at least five (5) years from the date of discovery of the event. The licensee shall provide the writing to the commissioner upon request.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 2 - INSURANCE COMPANIES (§§ 56-2-101 — 56-2-1011) › Part 10 - INSURANCE DATA SECURITY LAW. (§§ 56-2-1001 — 56-2-1011) › Section 56-2-1007 - Authority of commissioner

(a)
In addition to authority under chapter 1, part 4 of this title, the commissioner has the authority to examine and investigate a licensee to determine whether the licensee has been or is engaged in conduct in violation of this part. Those examinations or investigations must be conducted in accordance with chapter 1, part 4 of this title.
(b)
If the commissioner has reason to believe that a licensee has been or is engaged in conduct in this state that violates this part, then the commissioner may take necessary or appropriate action to enforce this part in accordance with part 3 of this chapter.
Added by 2021 Tenn. Acts, ch. 345, s 1, eff. 7/1/2021.