reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1111 - Antique automobiles - Valuation

(a)
If, at the request of the insurer, an appraisal of personal property to be insured under an automobile policy insuring an antique automobile is made, then, in the absence of fraud, the appraised value of the property shall be binding on the insurer if the insurer:
(1)
Charges and accepts a premium for the policy or endorsement to the policy that is based on the amount of the appraised value; and
(2)
Issues a policy or endorsement to the policy that provides coverage of the property in the amount of the appraised value.
(b)
This section shall apply only to policies insuring antique automobiles delivered, issued for delivery or renewed in this state after July 1, 1990.
Acts 1990, ch. 895, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1112 - Coverage of foreign exchange student

For the purposes of motor vehicle coverage under this part for policies issued on or after July 1, 1997, a foreign exchange student shall be considered for coverage as a natural child of the adult under whose policy the child would be covered, if the adult provides the insurer with name, date of birth, and driver license number of the student.
Acts 1997, ch. 196, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1113 - Automobile glass replacement or repair - Legislative findings

The general assembly finds that the acts and practices prohibited in §§
56-7-1114
- 56-7-1116 are unfair, deceptive, and/or fraudulent. The practices cause the insurer to incur higher costs and to pay a greater amount of claims than would be the case in the absence of the practices, unreasonably interfere with the contract of insurance between the insurer and the insured, and unfairly increase the risk assumed by the insurer.
Acts 2000, ch. 650, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1114 - Automobile glass replacement or repair - Fraudulent and deceptive practices - Damages

(a)
It is an unfair, deceptive, and/or fraudulent act for any person or entity engaged in automobile glass replacement or glass repair services or the provision of automobile glass products to knowingly:
(1)
Offer to finance payment of the customer's deductible on terms different from terms offered to customers not making an insurance claim;
(2)
Engage in a pattern or practice, on more than an occasional or isolated instance, of promising or offering to provide any credit, incentive, gift, rebate or special financing arrangement in satisfaction of all or part of an insurance deductible and/or co-payment owed by an insured under a policy of insurance;
(3)
Advertise, promote, or represent by any media, telemarketers or others, that services are free, if in fact an insurer will pay for the service and/or advertise or make offers for the purpose of soliciting a claim against a property or casualty insurance carrier; or
(4)
Engage in a pattern or practice, on more than an occasional or isolated instance of offering to defer collection of, discount, or issue a repayment of a customer's deductible based in whole, or in part, on the availability of insurance coverage.
(b)
Any person or entity who suffers an economic loss as a result of the violation of this section may bring an action to recover actual damages in a court of competent jurisdiction in the county where the violation occurred or in any county where the defendant resides or conducts, transacts, or has transacted business.
Acts 2000, ch. 650, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1115 - Automobile glass replacement or repair - Payment of claims

(a)
Any insurance company processing a claim submitted on behalf of an insured by a person who is engaged in automobile glass replacement or glass repair services or the provision of automobile glass products to whom the insured has assigned benefits under an insurance policy may refuse payment of any claim which involves an unfair, deceptive and/or fraudulent practice as provided in §§
56-7-1113
- 56-7-1116.
(b)
When there is reason to believe the practices may have occurred, insurance companies may require verified proof that the insured has, in fact, fully incurred and paid any deductible and/or co-payment required under the insurance policy.
Acts 2000, ch. 650, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1116 - Automobile glass replacement or repair - Violations - Remedies

A violation of §§
56-7-1113
- 56-7-1116 also constitutes a violation of the Consumer Protection Act, compiled in title 47, chapter 18, part 1, subject only to the civil remedies provided in title 47, chapter 18, part 1, including treble damages and attorney's fees.
Acts 2000, ch. 650, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1117 - Intentional acts or omissions of vehicle owners

When any person, as lienholder, secured party, assignee, or otherwise, possesses or has any vehicle insurance policy made payable to the person, or other person as that person's interest may appear, then the insurance as to the interest of the lienholder, secured party, assignee or other person named in the policy shall not be invalidated by an intentional act or omission of the owner of the vehicle so insured.
Acts 2000, ch. 653, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 11 - GENERAL PROVISIONS - AUTO INSURANCE (§§ 56-7-1101 — 56-7-1120) › Section 56-7-1118 - Compliance of automobile liability insurers with requirements of James Lee Atwood Jr. Law

(a)
Automobile liability insurers, as defined in §
55-12-203
, shall comply with any requirements set forth in the James Lee Atwood Jr. Law, compiled in title 55, chapter 12, part 2, and any rules promulgated thereto.
(b)
Automobile liability insurers, as defined in §
55-12-203
, shall also comply with the following requirements:
(1)
Cooperate with the department of revenue or its designated agent, the department of safety, and the department of commerce and insurance in establishing, operating, and maintaining the vehicle insurance verification program, as defined in §
55-12-203
;
(2)
Maintain the data necessary to verify the existence of financial responsibility, including liability insurance coverage provided to its customers pursuant to the required time period established by the department of revenue, for the vehicle insurance verification program;
(3)
Maintain Internet service, pursuant to the requirements established under the James Lee Atwood Jr. Law, through which online insurance verification can take place, including responding to authorized inquiries from the department of revenue or its designated agent of the vehicle insurance verification program; and
(4)
Provide security consistent with accepted insurance industry and United States motor vehicle agency standards related to the transmission of personal data.
(c)
Automobile liability insurers that make a good faith effort to comply with the requirements described in subsections (a) and (b), shall have immunity from civil and administrative liability as to any action related to the good faith effort.
Added by 2015 Tenn. Acts, ch. 511,s 7, eff. 1/1/2016.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 12 - UNINSURED MOTOR VEHICLE COVERAGE (§§ 56-7-1201 — 56-7-1206) › Section 56-7-1202 - "Uninsured motor vehicle" defined - Coverage of government vehicles

(a)
(1)
For the purpose of uninsured motor vehicle coverage, "uninsured motor vehicle" means a motor vehicle whose ownership, maintenance, or use has resulted in the bodily injury, death, or damage to property of an insured, and for which the sum of the limits of liability available to the insured under all valid and collectible insurance policies, bonds, and securities applicable to the bodily injury, death, or damage to property is less than the applicable limits of uninsured motorist coverage provided to the insured under the policy against which the claim is made; and
(2)
"Uninsured motor vehicle" does not include a motor vehicle:
(A)
Insured under the liability coverage of the same policy of which the uninsured motor vehicle coverage is a part;
(B)
Owned by, or furnished for the regular use of, the insured or any resident spouse or resident relative in the same household;
(C)
Self-insured within the meaning of the Tennessee Financial Responsibility Law, compiled in title 55, chapter 12, or any similar state or federal law;
(D)
Designed for use mainly off public roads or any off-highway vehicle, as defined in §
55-8-101
, except while the vehicle is operated on public roads pursuant to §
55-8-185
or other law; or
(E)
While located for use as premises.
(b)
Notwithstanding any other law, the applicable limits of liability for a governmental unit, political subdivision or agency thereof for claims arising out of the operation of a motor vehicle shall be considered as liability coverage available under a valid and collectible insurance policy.
Amended by 2017 Tenn. Acts, ch. 186,s 1, eff. 7/1/2017.
Acts 1967, ch. 371, § 2; T.C.A., § 56-1149; Acts 1982, ch. 835, § 2; 1988, ch. 769, § 1; 1999, ch. 196, §§ 2, 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 12 - UNINSURED MOTOR VEHICLE COVERAGE (§§ 56-7-1201 — 56-7-1206) › Section 56-7-1203 - Insolvency protection limitation - More favorable protection not precluded

An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after the accident. Nothing in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this section.
Acts 1967, ch. 371, § 3; T.C.A., § 56-1150.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 12 - UNINSURED MOTOR VEHICLE COVERAGE (§§ 56-7-1201 — 56-7-1206) › Section 56-7-1204 - Payment by insurer - Subrogation

(a)
In the event of payment to any person under the coverage required by this part, and subject to the terms and conditions of the coverage, the insurer making payment shall, to the extent of the coverage, be subrogated to all of the rights of the person to whom payment has been made, and shall be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury or property damage for which payment is made, including the proceeds recoverable from the assets of an insolvent insurer.
(b)
Payment by an insurer under the coverage required by this part shall not constitute a satisfaction of the liability of the party or parties responsible for the bodily injury or property damage under the financial responsibility laws of this state.
Acts 1967, ch. 371, § 4; T.C.A., § 56-1151; Acts 1982, ch. 835, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 12 - UNINSURED MOTOR VEHICLE COVERAGE (§§ 56-7-1201 — 56-7-1206) › Section 56-7-1205 - Minimum policy limits not increased

Nothing contained in this part shall be construed as requiring the forms of coverage provided pursuant to this part, whether alone or in combination with similar coverage afforded under other automobile liability policies, to afford limits in excess of those that would be afforded had the insured under the policies been involved in an accident with a motorist who was insured under a policy of liability insurance with the minimum limits described in §
55-12-107
, or the uninsured motorist liability limits of the insured's policy if the limits are higher than the limits described in §
55-12-107
. The forms of coverage may include terms, exclusions, limitations, conditions, and offsets that are designed to avoid duplication of insurance and other benefits.
Acts 1967, ch. 371, § 5; 1974, ch. 697, § 2; T.C.A., § 56-1152.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 13 - CANCELLATION OF AUTO INSURANCE (§§ 56-7-1301 — 56-7-1305) › Section 56-7-1301 - Part definitions - Application of part

(a)
As used in this part:
(1)
"Nonpayment of premium" means failure of the named insured to discharge when due any obligations in connection with the payment of premiums on a policy of automobile liability insurance or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit; and
(2)
"Private passenger automobile liability insurance policy" means a policy delivered or issued for delivery in this state, insuring a natural person as named insured, or one (1) or more related individuals resident of the same household, and under which the insured vehicles therein designated are of the following types only:
(A)
A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others; or
(B)
Any other four (4) wheel motor vehicle with a load capacity of one thousand five hundred pounds (1,500 lbs.) or less that is not used in the occupation, profession or business of the insured, other than driving to and from the insured's place of employment or used in the occupation of farming.
(b)
This part does not apply to:
(1)
Policies of automobile liability insurance issued under an automobile assigned risk plan;
(2)
Any policy insuring more than four (4) automobiles;
(3)
Any policy covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or
(4)
Any policy of insurance issued principally to cover personal or premises liability of an insured even though the insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of the insured or on the ways immediately adjoining the premises.
(c)
This part applies only to that portion of an automobile liability policy insuring against bodily injury and property damage liability and to the provisions in the policy, if any, relating to medical payments and/or uninsured motorist coverage.
Acts 1968, ch. 582, § 2; 1977, ch. 359, § 2; T.C.A., § 56-1155; Acts 1981, ch. 291, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 13 - CANCELLATION OF AUTO INSURANCE (§§ 56-7-1301 — 56-7-1305) › Section 56-7-1303 - Notice of cancellation

(a)
(1)
No notice of cancellation of a policy shall be effective unless mailed or delivered by the insurer, its authorized agent or employee, to the named insured as shown in the policy declarations at the address shown in the declarations, stating when not less than twenty (20) days thereafter the cancellation shall be effective; provided, the policy may be cancelled by the company by mailing to the insured written notice stating when not less than ten (10) days thereafter the cancellation shall be effective, if:
(A)
The cancellation is due to nonpayment of premium; or
(B)
The policy has been in effect less than sixty (60) days and is not a renewal policy.
(2)
The mailing of the notice shall be sufficient proof of notice.
(3)
The effective date and hour of cancellation stated in the notice shall become the end of the policy period, unless the insured surrenders the policy and requests cancellation prior to the date and hour specified in the cancellation notice.
(4)
Delivery of the written notice either by the insured or by the company shall be equivalent to mailing.
(b)
(1)
If the reason or reasons for cancellation are not included in the notice of cancellation, then at the written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation, the insurer shall specify any and all reasons for the cancellation. This subdivision (b)(1) only applies to policies that have been in force sixty (60) days beyond the initial effective date.
(2)
Every renewal policy shall be presumed to be in effect for at least sixty (60) days. Any notice of cancellation shall advise the insured that the insured may request the reasons for cancellation by written request mailed or delivered to the insurer not later than fifteen (15) days subsequent to the effective date of cancellation.
(c)
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to the reason for cancellation, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining to the cancellation, or for statements made or evidence submitted at any hearings conducted in connection with the cancellation.
Acts 1968, ch. 582, § 3; 1979, ch. 357, §§ 1, 2; T.C.A., § 56-1156.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 13 - CANCELLATION OF AUTO INSURANCE (§§ 56-7-1301 — 56-7-1305) › Section 56-7-1304 - Notice of intention not to renew

(a)
Nothing in this part applies to nonrenewal, except that in the event the company does not intend to renew the contract, it shall mail or deliver to the named insured, at the address shown in the policy, not less than thirty (30) days' notice of its intention not to renew. Proof of mailing of notice shall be sufficient proof of notice.
(b)
Unless the nonrenewal notice contains a reason for the nonrenewal action, the notice shall advise the insured that upon written request of the named insured, mailed or delivered to the insurer not later than fifteen (15) days after the effective date of the nonrenewal, the insurer will within twenty (20) days mail to the named insured a written statement specifying a reason for the nonrenewal action. There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer, its authorized representative, its agents, its employees, or against any firm, person or corporation furnishing information to the insurer, as to reason for nonrenewal.
Acts 1968, ch. 582, § 4; T.C.A., § 56-1157; Acts 1988, ch. 603, § 1; 1989, ch. 110, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 13 - CANCELLATION OF AUTO INSURANCE (§§ 56-7-1301 — 56-7-1305) › Section 56-7-1305 - Notice of eligibility for assigned risk plan

When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance, the insurer shall notify the named insured of the insured's possible eligibility for automobile liability insurance through the automobile liability assigned risk plan. The notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Acts 1968, ch. 582, § 5; T.C.A., § 56-1158.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1401 - Short title

This part shall be known and may be cited as the "Medicare Supplemental Insurance Protection Act of 1988."
Acts 1988, ch. 989, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1402 - Purpose

The purpose of this part is to:
(1)
Promote the public interest;
(2)
Protect potential buyers of medicare supplement insurance; and
(3)
Protect the elderly from unscrupulous agents and companies.
Acts 1988, ch. 989, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1403 - Applicability

(a)
The requirements of this part apply to policies delivered or issued for delivery in the state on or after January 1, 1989.
(b)
This part is not intended to supersede the obligations of entities subject to this part, to comply with the substance of other applicable insurance laws, insofar as they do not conflict with this part.
Acts 1988, ch. 989, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1404 - Unfair or deceptive acts in replacement transactions

With respect to any policy of medicare supplement insurance in a replacement transaction, as the term has been defined by the commissioner, the following are unfair or deceptive acts and shall be sanctioned as provided in chapter 8 of this title:
(1)
In the case of any insurer, failing to provide an unconditional refund offer of at least thirty (30) days from the date of delivery of the policy;
(2)
In the case of any insurer, failing to send any notice required by statute or rule to an existing insurer; or
(3)
In the case of replacement of a medicare supplement insurance policy, failing to give notice to an applicant for medicare supplement insurance of the adverse consequences that may result from surrendering an existing insurance policy prior to the determination of insurability by the replacing insurer. The notice shall be in the form prescribed by the commissioner, and receipt of the notice shall be acknowledged by signature of the applicant. A copy of the signed notice shall be provided to the existing insurer in accordance with rules adopted by the commissioner.
Acts 1988, ch. 989, § 10.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1406 - Group insurance not included

The requirements in the amendments and enactments in this part in §
56-7-1405(b)(1)(D)-(G) and (b)(2)(A) and (B)
are not applicable to the issuance and delivery of group medicare supplement insurance.
Acts 1988, ch. 989, § 12.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 14 - MEDICARE SUPPLEMENT INSURANCE (§§ 56-7-1401 — 56-7-1407) › Section 56-7-1407 - Advertising

(a)
Every insurer, health care service plan, or other entity providing medicare supplement insurance or benefits in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio or television medium to the commissioner for review or approval by the commissioner pursuant to rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The rules shall set forth standards for the format and content of medicare supplement insurance advertising, which advertising shall be sufficiently complete, clear, and unambiguous to avoid deception or the capacity or tendency to mislead or deceive. In setting standards, the commissioner shall consider the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
Acts 1989, ch. 87, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1501 - Definitions

As used in this part, unless the context otherwise requires:
(1)
"Applicant" means:
(A)
In the case of an individual medicare supplement policy, the person who seeks to contract for insurance benefits; and
(B)
In the case of a group medicare supplement policy, the proposed certificate holder;
(2)
"Certificate" means, any certificate delivered or issued for delivery in this state under a group medicare supplement policy;
(3)
"Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer;
(4)
"Issuer" includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state medicare supplement policies or certificates;
(5)
"Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965;
(6)
"Medicare supplement policy" means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations other than a policy issued pursuant to a contract under § 1876 [repealed] of the Social Security Act (
42 U.S.C. § 1395
et seq.), or an issued policy under a demonstration project specified in
42 U.S.C. § 1395ss(g)(1)
that is advertised, marketed or designed primarily as a supplement to reimbursements under medicare for the hospital, medical or surgical expenses of persons eligible for medicare; and
(7)
"Policy form" means the form on which the policy is delivered or issued for delivery by the issuer.
Acts 1992, ch. 735, § 1; 1996, ch. 750, §§ 16, 17.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1502 - Applicability

(a)
Except as otherwise specifically provided, this part applies to:
(1)
All medicare supplement policies delivered or issued for delivery in this state on or after July 1, 1992; and
(2)
All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state.
(b)
This part does not apply to a policy of one (1) or more employers or labor organizations, or of the trustees of a fund established by one (1) or more employers or labor organizations, or combination of employers and labor organizations, for employees or former employees, or a combination of employees and former employees, or for members or former members, or a combination of members and former members, of the labor organizations.
(c)
Except as otherwise specifically provided in §
56-7-1505(d)
, this part is not intended to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans.
Acts 1992, ch. 735, § 2; 1996, ch. 750, §§ 18, 19.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1504 - Benefits - Minimum standards

Medicare supplement policies shall return to policyholders benefits that are reasonable in relation to the premium charged. The commissioner shall promulgate reasonable rules and regulations to establish minimum standards for loss ratios of medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policies and certificates in this state shall file annually its rates, rating schedule, and supporting documentation demonstrating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of this part.
Acts 1992, ch. 735, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1506 - Notice - Right to return - Refunds

Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or certificate, or attached to the policy or certificate, stating in substance that the applicant has the right to return the policy or certificate within thirty (30) days of its delivery and to have the premium refunded if, after examination of the policy or certificate, the applicant is not satisfied for any reason. The insurer shall mail the refund directly to the applicant in a timely manner and shall not require the applicant to meet with the agent to receive the refund.
Acts 1992, ch. 735, § 6.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1507 - Review of advertisements

Every issuer of medicare supplement insurance policies or certificates in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio or television medium to the commissioner for review or approval by the commissioner. The commissioner shall promulgate reasonable rules and regulations to implement this section.
Acts 1992, ch. 735, § 7.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1508 - Regulations subject to Administrative Procedures Act

Regulations adopted pursuant to this part are subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1992, ch. 735, § 8.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 15 - MEDICARE SUPPLEMENT POLICIES (§§ 56-7-1501 — 56-7-1509) › Section 56-7-1509 - Violations of part - Powers to compel compliance

In addition to any other applicable penalties for violations set out in this title, the commissioner may require issuers violating this part or rules or regulations promulgated pursuant to this part to cease marketing any medicare supplement policy or certificate in this state that is related directly or indirectly to a violation, or may require the issuer to take actions necessary to comply with this part or both.
Acts 1992, ch. 735, § 9.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1601 - Short title

This part shall be known and may be cited as the "Easy to Read Life and Health Insurance Policy Act."
Acts 1981, ch. 415, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1602 - Purpose of part

(a)
The purpose of this part is to establish minimum standards for language used in policies, contracts and certificates of life insurance, health insurance, credit life insurance and credit health insurance delivered or issued for delivery in this state to facilitate ease of reading by persons insured under the policies.
(b)
(1)
This part is not intended to increase the risk assumed by insurance companies or other entities subject to this part or to supersede their obligation to comply with the substance of other insurance legislation applicable to life, health, credit life or credit health insurance policies.
(2)
This part is not intended to impede flexibility and innovation in the development of policy forms or content or to lead to the standardization of policy forms or content.
Acts 1981, ch. 415, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Company" or "insurer" means any life or health insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization, and all similar type organizations; and
(2)
"Policy" or "policy form" means:
(A)
Any policy, contract, plan or agreement of life or health insurance, including credit life insurance and credit health insurance, delivered or issued for delivery in this state by any company subject to this part;
(B)
Any certificate, contract or policy issued by a fraternal benefit society; and
(C)
Any certificate issued pursuant to a group insurance policy delivered or issued for delivery in this state.
Acts 1981, ch. 415, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1604 - Applicability - Exceptions

(a)
This part applies to all policies delivered or issued for delivery in this state by any company on or after the date the forms are subject to this part, but nothing in this part applies to:
(1)
Any policy that is a security subject to federal jurisdiction;
(2)
Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit health insurance policy; provided, that this subsection (a) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;
(3)
Any group annuity contract that serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;
(4)
Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this part; or
(5)
The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this part.
(b)
No other statute of this state setting language simplification standards shall apply to any policy forms.
(c)
Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with §
56-7-1605(a)(1)
if the insurer certifies that the policy is translated from an English language policy that does comply with §
56-7-1605(a)(1)
.
Acts 1981, ch. 415, § 5.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1606 - Issuance of policy form after filing

Nothing in this part shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.
Acts 1981, ch. 415, § 7.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1607 - Authorization of lower reading ease test scores

The commissioner may authorize a lower score than the Flesch reading ease score required in §
56-7-1605(a)(1)
whenever, in the commissioner's sole discretion, the commissioner finds that a lower score:
(1)
Will provide a more accurate reflection of the readability of a policy form;
(2)
Is warranted by the nature of a particular policy form or type or class of policy forms; or
(3)
Is caused by certain policy language that is drafted to conform to the requirements of any state law, regulation or agency interpretation.
Acts 1981, ch. 415, § 8.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1608 - Approval of policy notwithstanding other laws

A policy for meeting the requirements of §
56-7-1605(a)
shall be approved, notwithstanding any other laws that specify the content of policies, if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.
Acts 1981, ch. 415, § 9.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 16 - EASY TO READ LIFE AND HEALTH INSURANCE POLICY ACT (§§ 56-7-1601 — 56-7-1609) › Section 56-7-1609 - Authority to enforce

The commissioner has sole authority to enforce this part or seek remedies for its violation.
Acts 1981, ch. 415, § 10.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 17 - PREPAID DENTAL PLANS (§§ 56-7-1701 — 56-7-1702) › Section 56-7-1701 - Option to select alternative coverage

If a prepaid dental plan after May 3, 1983, offers group prepaid dental service for sale in this state, and the plan limits the provider dentists to designated dentists or groups of designated dentists, whether through regular dental insurance coverage, dental service plan coverage, or through a health maintenance organization or any other service plan organization, the employer or other entity that provides the plan for the benefit of its employees or members shall also offer to the employees or members, including their eligible dependents, the option of selecting alternative coverage that permits the covered persons to obtain dental services from any licensed dentist of their choice. In providing the alternative coverage, the employer or other entity shall pay for the dental benefits to the same extent as provided in the plan, but in no event shall it be required to pay for or contribute towards the provision of alternative coverage an amount greater than the premium or cost it pays or contributes to under the plan.
Acts 1983, ch. 228, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 17 - PREPAID DENTAL PLANS (§§ 56-7-1701 — 56-7-1702) › Section 56-7-1702 - Benefits for obtaining second professional opinion

Any prepaid dental plan that regularly provides benefits for obtaining a professional opinion of a dentist shall also provide equal benefits for obtaining a second professional opinion of a dentist regarding the same dental procedure or condition if it is requested by the person covered by the plan.
Acts 1983, ch. 228, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 18 - CANCELLATION OF COMMERCIAL RISK INSURANCE ACT (§§ 56-7-1801 — 56-7-1808) › Section 56-7-1801 - Short title

This part shall be known and may be cited as the "Cancellation of Commercial Risk Insurance Act."
Acts 1986, ch. 656, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 18 - CANCELLATION OF COMMERCIAL RISK INSURANCE ACT (§§ 56-7-1801 — 56-7-1808) › Section 56-7-1802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
(A)
"Commercial risk insurance" means insurance within the scope of this part that is not "personal risk insurance," as defined in §
56-5-102
, and subject to the exclusions set out in §
56-5-101
; and
(B)
"Commercial risk insurance" does not include fidelity and surety bonds, or insurance written by a surplus lines insurer; and
(2)
"Nonpayment of premium" means failure of the named insured to discharge when due any of its obligations in connection with the payment of premiums on a policy of commercial risk insurance or any installment of the premium, whether the premium is payable directly to the insurer or its agents or indirectly under any premium finance plan or extension of credit.
Acts 1986, ch. 656, § 2; 1987, ch. 274, § 1; 1991, ch. 102, § 1.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 18 - CANCELLATION OF COMMERCIAL RISK INSURANCE ACT (§§ 56-7-1801 — 56-7-1808) › Section 56-7-1803 - Prerequisites for effective notice of cancellation

After a commercial risk insurance policy has been in effect for sixty (60) days, or, if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one (1) or more of the following:
(1)
Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use;
(2)
Conviction of the named insured of a crime having as one (1) of its necessary elements an act increasing any hazard insured against;
(3)
Discovery of fraud or material misrepresentation on the part of either of the following:
(A)
The insured or the insured's representative in obtaining the insurance; or
(B)
The named insured in pursuing a claim under the policy;
(4)
Failure to comply with written loss control recommendations;
(5)
Material change in the risk that increases the risk of loss after insurance coverage has been issued or renewed;
(6)
Determination by the commissioner that the continuation of the policy would jeopardize a company's solvency or would place the insurer in violation of the insurance laws of this state or any other state;
(7)
Violation or breach by the insured of any policy terms or conditions; or
(8)
Other reasons that are approved by the commissioner.
Acts 1986, ch. 656, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 18 - CANCELLATION OF COMMERCIAL RISK INSURANCE ACT (§§ 56-7-1801 — 56-7-1808) › Section 56-7-1804 - Prerequisites for effective notice of cancellation - Contents of notices of cancellation - Delivery of notice

(a)
No notice of cancellation of a commercial risk insurance policy shall be effective unless mailed by the insurer, its authorized agent, or employee, to the named insured as shown in the policy declarations at the address shown in the declarations.
(b)
If the cancellation is due to any of the items set forth in §
56-7-1803
, or if the policy has been in effect less than sixty (60) days and is not a renewal policy, the cancellation shall be effective not less than ten (10) days after the date of mailing.
(c)
The mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall become the end of the policy period unless the insured shall surrender the policy and request cancellation prior to the date and hour specified in the cancellation notice.
(d)
Delivery of the written notice either by the agent or by the company shall be the equivalent of mailing.
(e)
All notices of cancellation shall state which of the grounds set forth in §
56-7-1803
are relied upon, and that upon written request of the named insured, the insurer shall furnish the facts on which the cancellation is based.
(f)
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to the reason for cancellation, for any statement made by any of them in any written notice of cancellation, for the providing of information pertaining to the cancellation, or for statements made or evidence submitted at any hearings conducted in connection with the cancellation.
Acts 1986, ch. 656, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 7 - POLICIES AND POLICYHOLDERS 33|373 (§§ 56-7-NEW — 56-7-3722) › Part 18 - CANCELLATION OF COMMERCIAL RISK INSURANCE ACT (§§ 56-7-1801 — 56-7-1808) › Section 56-7-1805 - Failure to comply with notice requirements - Policy extension - When notice of nonrenewal not required

(a)
Unless the insurer, at least sixty (60) days in advance of the end of the policy period, mails or delivers to the named insured and agent at the address shown in the policy, notice of its intention not to renew the commercial risk policy or to condition its renewal on reduction of limits or elimination of coverages, the insurer is required to extend the existing policy sixty (60) days from the date the notice is provided. The premium for the policy provided in those circumstances shall be no more than a pro rata basis of the existing policy. Any commercial risk policy written for a term of less than one (1) year shall be considered as if written for a term of one (1) year. Any commercial risk policy written for a term longer than one (1) year, or any commercial risk policy with no fixed expiration date, shall be considered as if written for specific policy periods or terms of one (1) year.
(b)
Notice of nonrenewal is not required if:
(1)
The insurer has offered to issue a renewal policy; or
(2)
Where the named insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage.
(c)
If an insurer provides the notice described in this section, and thereafter the insurer extends the policy for ninety (90) days or less, an additional notice of nonrenewal is not required with respect to the extension.
Acts 1986, ch. 656, § 5.