reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-903 - License requirement

(a)
No person shall act or hold out as being a public adjuster as defined in §
56-6-902
, unless licensed as a public adjuster in accordance with this part.
(b)
A person licensed as a public adjuster shall not misrepresent to a claimant that the person is an adjuster acting on behalf of or aiding an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster, unless so appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose.
(c)
A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner shall find that:
(1)
The business entity has paid the fees set forth in the rule promulgated under §
56-6-905(a)(5)
; and
(2)
The business entity has designated a licensed public adjuster responsible for the business entity's compliance with the insurance laws, rules and regulations of this state.
(d)
Notwithstanding this section, a license as a public adjuster shall not be required of the following:
(1)
An attorney at law admitted to practice in this state, or an employee of the attorney acting under the attorney's supervision;
(2)
A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;
(3)
A person employed only for the purpose of obtaining facts surrounding a loss, or furnishing technical assistance to a licensed public adjuster, including, but not limited to, photographers, contractors, appraisers of value, private investigators, engineers and handwriting experts;
(4)
A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient;
(5)
A person who settles subrogation claims between insurers; or
(6)
A person who is employed by, or under contract to, an insurance company.
Acts 2006, ch. 997, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-904 - Application requirements - Authority to require fingerprints - Criminal history record checks

(a)
A person applying for a public adjuster license shall make application to the commissioner on the appropriate uniform application or other application prescribed by the commissioner.
(b)
The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief.
(c)
In order to make a determination of license eligibility, the commissioner is authorized to require fingerprints of applicants and submit the fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) for state and national criminal history record checks. The commissioner shall require a criminal history record check on each applicant in accordance with this part. The commissioner shall require each applicant to submit a full set of fingerprints in order for the commissioner to obtain and receive national criminal history records from the FBI criminal justice information services division.
(1)
The commissioner may contract for the collection, transmission and resubmission of fingerprints required under this section. If the commissioner does so, the fee for collecting, transmitting and retaining fingerprints shall be payable directly to the contractor by the applicant. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor.
(2)
The commissioner may waive submission of fingerprints by any person that has previously furnished fingerprints and maintains fingerprints on file with the central repository of the NAIC, its affiliates or subsidiaries.
(3)
The commissioner is authorized to submit electronic fingerprint records and necessary identifying information to the NAIC, its affiliates or subsidiaries, for permanent retention in a centralized repository. The purpose of a centralized repository is to provide insurance commissioners with access to fingerprint records, in order to perform criminal history record checks.
Acts 2006, ch. 997, § 5.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-905 - Requirements for licensure

(a)
Before issuing a public adjuster license to an applicant under this part, the commissioner shall find that the applicant:
(1)
Is eligible to designate this state as the applicant's home state or is eligible for a license pursuant to §
56-6-908
;
(2)
Has not committed any act that is a ground for denial, suspension or revocation of a license as set forth in §
56-6-910
;
(3)
Is trustworthy, reliable, and of good reputation;
(4)
Is financially responsible to exercise the license, and has provided proof of financial responsibility as required in §
56-6-911
;
(5)
Has paid the fees set forth by rule or regulation of the commissioner; and
(6)
Maintains an office in the applicant's home state of residence, with public access by reasonable appointment or regular business hours, or both.
(b)
In addition to satisfying the requirements of subsection (a), unless exempted pursuant to this part, an individual shall:
(1)
Be at least eighteen (18) years of age;
(2)
Have successfully passed the public adjuster examination;
(3)
Designate a licensed individual public adjuster responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state; and
(4)
Designate only licensed individual public adjusters to exercise the business entity's license.
(c)
The commissioner may require any documents reasonably necessary to verify the information contained in the application.
Acts 2006, ch. 997, § 6.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-906 - Written examination

(a)
An individual applying for a public adjuster license under this part shall pass a written examination, unless exempt pursuant to §
56-6-907
. The examination shall test the knowledge of the individual concerning the duties and responsibilities of a public adjuster and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner.
(b)
The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee in an amount set forth by rule by the commissioner.
(c)
Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner, in an amount set by rule promulgated by the commissioner.
(d)
An individual who fails to appear for the examination as scheduled, or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
Acts 2006, ch. 997, § 7.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-907 - Exemptions from examination

(a)
An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on a public adjuster examination shall not be required to take or complete any prelicensing examination. This exemption is only available if the individual is currently licensed in that state, or if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license, and:
(1)
The prior state issues a certification that, at the time of cancellation or termination, the applicant was in good standing in that state or the state's producer database records; or
(2)
Records maintained by the NAIC, its affiliates or subsidiaries, indicate that the public adjuster is or was licensed in good standing at the time of cancellation or termination.
(b)
A person licensed as a public adjuster in another state, based on a public adjuster examination, who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee, pursuant to §
56-6-905
. No prelicensing examination shall be required of that person to obtain a public adjuster license.
(c)
An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within twelve (12) months of the cancellation or termination of the applicant's previous license in this state, and if, at the time of cancellation or termination, the applicant was in good standing in this state.
Acts 2006, ch. 997, § 8.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-908 - Nonresident public adjuster license

(a)
Unless denied licensure pursuant to §
56-6-910
, a nonresident person shall receive a nonresident public adjuster license, if:
(1)
The person is currently licensed as a resident public adjuster and in good standing in the person's home state;
(2)
The person has submitted the proper request for licensure, has paid the fees required by the rule promulgated under §
56-6-905(a)(5)
, and has provided proof of financial responsibility as required in §
56-6-911
;
(3)
The person has submitted, or transmitted to the commissioner, the appropriate completed application for licensure;
(4)
The person's home state has adopted a public adjuster licensing act, that is substantially similar to this part; and
(5)
The nonresident public adjuster representing an insured in this state remains reasonably available for communications with the insured and the insurance carrier.
(b)
The commissioner may verify the public adjuster's licensing status through the producer database maintained by the NAIC, its affiliates or subsidiaries.
(c)
As a condition to continuation of a public adjuster license issued under this section, the licensee shall maintain a resident public adjuster license in the licensee's home state. The nonresident public adjuster license issued under this section shall terminate and be surrendered immediately to the commissioner, if the home state public adjuster license terminates for any reason, unless the public adjuster has been issued a license as a resident public adjuster in the adjuster's new home state. The licensed nonresident public adjuster shall provide prompt notification of the new home state license to the state or states that have issued the nonresident license. This notification shall include the licensee's new and old addresses. A new state resident license is required for nonresident licenses to remain valid. The new state resident license must have reciprocity with the licensing nonresident state or states, for the nonresident license not to terminate.
Acts 2006, ch. 997, § 9.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-911 - Financial responsibility

Prior to issuance of a license as a public adjustor, and for the duration of the license, the applicant shall secure evidence of financial responsibility in a format prescribed by the commissioner through a surety bond and an errors and omissions insurance policy, or other security satisfactory to the department of insurance.
(1)
A surety bond executed and issued by an insurer authorized to issue surety bonds in this state shall:
(A)
Be in the minimum amount of fifty thousand dollars ($50,000);
(B)
Be in favor of this state and shall specifically authorize recovery by the commissioner on behalf of any person in this state who sustained damages as the result of erroneous acts, failure to act, conviction of fraud, or conviction of unfair practices in the capacity as a public adjuster;
(C)
Not be terminated, unless at least thirty-days' prior written notice has been filed with the commissioner and given to the licensee; and
(D)
Be in a form approved by the commissioner.
(2)
The licensed public adjuster shall promptly notify the commissioner upon termination of the bond, unless otherwise directed by the commissioner.
(3)
The commissioner may ask for the evidence of financial responsibility at any time the commissioner deems it necessary and proper to protect the rights of Tennessee consumers.
(4)
The authority to act as a public adjuster shall automatically terminate if the evidence of financial responsibility terminates or becomes substantially impaired.
(5)
The errors and omissions policy shall be executed by and issued by an admitted insurer authorized to issue errors and omissions policies in this state, and shall be in the minimum amount of five hundred thousand dollars ($500,000) per occurrence.
Acts 2006, ch. 997, § 12.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-912 - Continuing education - Exemptions

(a)
An individual, who holds a public adjuster license and who is not exempt under subsection (b), shall satisfactorily complete a minimum of twenty-four (24) hours of continuing education courses, including ethics, reported on a biennial basis in conjunction with the license renewal cycle. The education required by this section shall be in addition to any other continuing education requirements required for other professional licenses held by the individuals licensed under this part.
(b)
This section shall not apply to:
(1)
Licensees not licensed for one (1) full year prior to the end of the applicable continuing education biennium; or
(2)
Licensees holding nonresident public adjuster licenses who have met the continuing education requirements of their home state and whose home state gives credit to residents of this state on substantially the same basis.
(c)
Except as set forth in subsection (b), only continuing education courses approved by the commissioner shall be used to satisfy the continuing education requirement of subsection (a).
Acts 2006, ch. 997, § 13.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-913 - Fees charged by public adjuster - Commissions, service fees or other valuable consideration - Fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim

(a)
A public adjuster may charge the insured a reasonable fee. If a contract between the public adjuster and the insured is formed before the insurance carrier has made an offer of settlement, then the public adjuster may not charge a fee that is greater than fifteen percent (15%) of the total proceeds of the insurance settlement. If a contract between the public adjuster and the insured is formed after the insurance carrier has made an offer of settlement, then the public adjuster may not charge any more than twenty-five percent (25%) of the difference between the insurance company's last offer to the insured prior to the public adjuster contract with that insured and the last offer after the public adjuster entered a contract with the insured and negotiated, if any, additional settlement proceeds. If the insured has obtained a home mortgage in the amount of one hundred percent (100%) of the appraised value of the home, then a public adjuster may charge a fee not to exceed ten percent (10%) of the total proceeds of an insurance settlement that is a total loss of the home, which shall be deemed to be a policy limit payment, occurring during a catastrophic disaster within the first twelve (12) months of the term of the home mortgage. This limitation applies regardless of when a contract is entered into between the public adjuster and the insured; provided, however, that a public adjuster shall charge no fee on any advance payment prior to the contract between the insured and the public adjuster to the insured. Nothing in this subsection (a) prohibits a public adjuster from charging a variation of fees, so long as those fees do not exceed the amounts prescribed in this subsection (a). This subsection (a) shall not apply to commercial insurance.
(b)
A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating, resolving or working in connection with, claims in this state, if that person is required to be licensed under this part and is not so licensed.
(c)
A public adjuster shall not accept a commission, service fee or other valuable consideration for investigating or settling claims in this state, if the adjuster is required to be licensed under this part and is not so licensed.
(d)
No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit, or other thing of value, prior to settlement of a claim.
Acts 2006, ch. 997, § 14.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-915 - Escrow or trust account

A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a noninterest-bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the insured's home state or in the state where the loss occurred.
Acts 2006, ch. 997, § 16.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-916 - Records required of adjuster - Maintenance and inspection

(a)
A public adjuster shall maintain complete records of each transaction as a public adjuster. The records required by this section shall include the following:
(1)
Name of the insured;
(2)
Date, location and amount of the loss;
(3)
Copy of the contract between the public adjuster and insured;
(4)
Name of the insurer and, if available, amount, expiration date and number of each policy carried with respect to the loss;
(5)
Itemized statement of the insured's recoveries;
(6)
Itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss;
(7)
A register of all moneys received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fees transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts;
(8)
Name of public adjuster who executed the contract;
(9)
Name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and
(10)
Evidence of financial responsibility in a format prescribed by the commissioner.
(b)
Records of transactions as a public adjuster shall be maintained for at least five (5) years after the termination of the transaction with an insured and shall be open to examination by the commissioner at all times.
Acts 2006, ch. 997, § 17.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-918 - Report to the commissioner of administrative action or prosecution brought against adjuster

(a)
A public adjuster shall report to the commissioner any administrative action taken against the public adjuster in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
(b)
Within thirty (30) days of arraignment or other formal presentment of charges and entry of plea, a public adjuster shall report to the commissioner any prosecution of the public adjuster for a felony taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents necessary to explain the charges brought against the public adjuster.
Acts 2006, ch. 997, § 19.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-919 - Investigations by commissioner

The commissioner may make investigations necessary for the proper administration of this part. For the purpose of making investigations, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath; provided, that all testimony, documents and other evidence obtained by the commissioner pursuant to this section shall be absolutely privileged and shall not be admissible as evidence in any private civil proceeding. Notwithstanding this section, the adjuster may request and obtain from the department a copy of any charges brought against the adjuster, or if no charges have been filed, a written notice of the alleged violation.
Acts 2006, ch. 997, § 20.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 9 - TENNESSEE PUBLIC ADJUSTER LICENSING ACT OF 2006 (§§ 56-6-901 — 56-6-920) › Section 56-6-920 - Rules and regulations

The commissioner may promulgate regulations as are necessary or proper to carry out the purposes of this part. These regulations may include provisions relating to the assessment of licensure fees reasonable to defray the costs of examinations and testing of public adjusters. The commissioner shall keep a separate accounting of fees and costs to administer this part, and no other fees generated under this chapter shall be used to administer this part.
Acts 2006, ch. 997, § 21.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1001 - Part definitions

As used in this part:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Crop" means and includes any agricultural product, including livestock, nursery product, tree and product from a tree, as well as anything insured by the Federal Crop Insurance Corporation under a crop insurance program;
(3)
"Department" means the department of commerce and insurance;
(4)
"Fingerprints" means an impression of the lines on the finger taken for purpose of identification. The impression may be electronic or in ink converted to electronic format; and
(5)
"Person" means a natural person.
Acts 2009, ch. 476, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1002 - Licensure as a crop insurance adjuster

(a)
No person shall act or hold out as being a crop insurance adjuster unless licensed as a crop insurance adjuster in accordance with this part.
(b)
An insurer that sells crop insurance shall not contract, employ or use any person to adjust claims made under a crop insurance policy unless the person is licensed as a crop insurance adjuster.
Acts 2009, ch. 476, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1003 - Application for licensure

(a)
(1)
A person applying for a crop insurance adjuster license shall make application to the commissioner on the appropriate application prescribed by the commissioner.
(2)
The commissioner is authorized to determine whether the crop insurance adjuster license to be issued under this part shall be a crop-specific loss adjuster license or a multi-peril crop adjuster license, and based on the commissioner's decision, the applicant shall complete the appropriate application.
(b)
The applicant shall declare, under penalty of perjury and under penalty of refusal, suspension or revocation of the license, that the statements made in the application are true, correct and complete to the best of the applicant's knowledge and belief.
Acts 2009, ch. 476, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1004 - Standards for licensure

The commissioner shall promulgate rules to establish the qualifications for the issuance of a license under this part. Such standards shall include the completion of a course of instruction in adjusting crop insurance claims and the passing of an examination testing the applicant's knowledge of how to adjust crop insurance claims.
Acts 2009, ch. 476, § 5.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1005 - Written examination - Examination fees - Continuing education

(a)
An individual applying for a crop insurance adjuster license under this part shall pass a written examination. The examination shall test the knowledge of the individual concerning the duties and responsibilities of a limited lines crop adjuster and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner. Based on the commissioner's decision concerning whether the license shall be a crop-specific loss adjuster license or a multi-peril crop adjuster license, the examination shall specifically cover the applicable license. If the license is to be a multi-peril crop adjuster license, the commissioner may accept the risk management agency-approved proficiency test as the basis for such licensure.
(b)
The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable fee in an amount set forth by rule by the commissioner.
(c)
Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner, in an amount set by rule promulgated by the commissioner.
(d)
An individual who fails to appear for the examination as scheduled, or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
(e)
The commissioner is authorized to establish continuing education requirements, including a minimum number of required hours as well as appropriate curriculum, for persons licensed as crop insurance adjusters under this part.
Acts 2009, ch. 476, § 6.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1006 - Maintenance of claims records

All insurers that sell crop insurance in this state shall maintain complete records of each claim made by a policyholder or on property in this state. These records shall be maintained for at least five (5) years after the termination of the closing of the claim and shall be open to examination by the commissioner at all times.
Acts 2009, ch. 476, § 7 .
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1007 - Expertise of adjuster sufficient to undertake adjustment of claim

A crop insurance adjuster shall not undertake the adjustment of any claim, if the crop insurance adjuster is not sufficiently competent and knowledgeable as to the terms and conditions of the insurance coverage so as to properly discharge the duties of a crop insurance adjuster, or that otherwise exceeds the crop insurance adjuster's current expertise.
Acts 2009, ch. 476, § 8.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1008 - Investigations by commissioner

The commissioner may make investigations necessary for the proper administration of this part. For the purpose of making investigations, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath.
Acts 2009, ch. 476, § 9.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 10 - CROP INSURANCE ADJUSTERS (§§ 56-6-1001 — 56-6-1009) › Section 56-6-1009 - Regulations - Licensure fees - Setting of standards for licensure - Accounting of fees and costs

The commissioner may promulgate regulations as are necessary or proper to carry out the purposes of this part. These regulations may include provisions relating to the assessment of licensure fees reasonable to defray the costs of examinations and testing of crop insurance adjusters. The commissioner may also set standards for the maintenance of a crop insurance adjuster license. The commissioner shall keep a separate accounting of fees and costs to administer this part, and no other fees generated under this chapter shall be used to administer this part.
Acts 2009, ch. 476, § 10.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 11 - INSURANCE FOR PORTABLE ELECTRONICS (§§ 56-6-1101 — 56-6-1107) › Section 56-6-1101 - Part definitions

For purposes of this part:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Customer" means a person who purchases portable electronics or services;
(3)
"Department" means the department of commerce and insurance;
(4)
"Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics;
(5)
"Location" means any physical location in this state or any web site, call center site, or similar location directed to residents of this state;
(6)
"Portable electronics" means electronic devices that are portable in nature, the devices' accessories, and services related to the use of the devices;
(7)
(A)
"Portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one (1) or more of the following causes of loss:
(i)
Loss;
(ii)
Theft;
(iii)
Inoperability due to mechanical failure;
(iv)
Inoperability due to malfunction;
(v)
Damage; or
(vi)
Other similar causes of loss.
(B)
"Portable electronics insurance" does not include:
(i)
A service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling, power surges, or normal wear and tear;
(ii)
A policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or
(iii)
A homeowner's, renter's, private passenger automobile, commercial multi-peril, or similar policy;
(8)
"Portable electronics transaction" means:
(A)
The sale or lease of portable electronics by a vendor to a customer; or
(B)
The sale of a service related to the use of portable electronics by a vendor to a customer;
(9)
"Supervising entity" means a business entity that is a licensed insurance producer or insurer; and
(10)
"Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
Acts 2011, ch. 312, § 2.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 11 - INSURANCE FOR PORTABLE ELECTRONICS (§§ 56-6-1101 — 56-6-1107) › Section 56-6-1102 - Requirement to hold a limited lines license to sell or offer coverage

(a)
A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. A vendor who has met the requirements of this part shall be entitled to a limited lines business entity producer's license, without examination, authorizing the vendor to sell or offer coverage under a policy of portable electronics insurance.
(b)
A limited lines license issued to a vendor under this section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
(c)
In connection with a vendor's initial application for licensure and at renewal, the vendor shall provide a list to the commissioner of all locations in this state at which the vendor offers coverage.
(d)
Notwithstanding any law to the contrary, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in activities permitted in this part.
Acts 2011, ch. 312, § 3.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 11 - INSURANCE FOR PORTABLE ELECTRONICS (§§ 56-6-1101 — 56-6-1107) › Section 56-6-1103 - Availability of brochures or other written materials - Offer on periodic basis - Eligibility and underwriting standards

(a)
At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer that:
(1)
Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage;
(2)
State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
(3)
Summarize the material terms of the insurance coverage, including:
(A)
The identity of the insurer;
(B)
The identity of the supervising entity;
(C)
The amount of any applicable deductible and how it is to be paid;
(D)
Benefits of the coverage; and
(E)
Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(4)
Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the enrolled customer fails to comply with any equipment return requirements; and
(5)
State that the enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(b)
Notwithstanding any law to the contrary, portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(c)
Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
Acts 2011, ch. 312, § 4.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 11 - INSURANCE FOR PORTABLE ELECTRONICS (§§ 56-6-1101 — 56-6-1107) › Section 56-6-1105 - Violations

If a vendor of portable electronics or its employee or authorized representative violates this part, the commissioner is authorized to:
(1)
After notice and hearing, impose on a person's license pursuant to this part civil penalties not to exceed five hundred dollars ($500) per violation and five thousand dollars ($5,000) in the aggregate for such conduct; and
(2)
After notice and hearing, impose on a person's license pursuant to this part other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this part, including:
(A)
Suspending the privilege of transacting portable electronics insurance pursuant to this part at specific business locations where violations have occurred; and
(B)
Suspending or revoking the ability of individual employees or authorized representatives to act under a license issued pursuant to §
56-6-1102
.
Acts 2011, ch. 312, § 6.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 11 - INSURANCE FOR PORTABLE ELECTRONICS (§§ 56-6-1101 — 56-6-1107) › Section 56-6-1107 - Licensure

(a)
A sworn application for a license under this part shall be made to and filed with the commissioner on forms prescribed and furnished by the department.
(b)
The application shall:
(1)
Provide the name, residence address, and other information required by the department for an individual that is designated by the applicant as the individual responsible for the vendor's compliance with the requirements of this part. Notwithstanding any other law, the individual required to be designated by the vendor pursuant to this section and §
56-6-106(b)(2)
shall not be required to be a principal, officer or employee of the vendor but shall be a principal, officer or employee of the supervising entity who holds a current producer license in this state; and
(2)
Provide the location of the applicant's home office.
(c)
Initial licenses issued pursuant to this part shall be valid for a period of twenty-four (24) months and expire biennially on March 1 of the renewal year assigned by the commissioner.
(d)
(1)
Except as provided in subdivision (d)(2), each vendor of portable electronics licensed under this part shall pay to the commissioner a fee as prescribed by the commissioner, but in no event shall the fee exceed one thousand dollars ($1,000) for an initial portable electronics limited lines license and five hundred dollars ($500) for each renewal thereof.
(2)
The fee prescribed for a vendor that is engaged in portable electronics transactions at ten (10) or fewer locations in this state shall not exceed one hundred dollars ($100) for an initial license and for each renewal thereof.
Acts 2011, ch. 312, § 8.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 12 - SELF-SERVICE STORAGE INSURANCE (§§ 56-6-1201 — 56-6-1207) › Section 56-6-1201 - Part definitions

For purposes of this part:
(1)
"Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(2)
"Covered personal property" means personal property covered under an occupant's self-service storage insurance policy;
(3)
"Department" means the department of commerce and insurance;
(4)
"Enrolled occupant" means an occupant who elects coverage under a self-service storage insurance policy issued to an owner;
(5)
"Leased space" means the storage space or spaces at the self-service storage facility that is leased or rented to an occupant pursuant to a rental agreement;
(6)
"Location" means any physical location in this state or any web site, or similar location directed to residents of this state;
(7)
"Occupant" means a person, or a sublessee, successor or assign of such person, entitled to the use of leased or rented storage space at a self-service storage facility under a rental agreement, to the exclusion of others;
(8)
"Owner" means:
(A)
The owner, operator, lessor or sublessor of a self-service storage facility, the agent of such person; or
(B)
Any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement;
(9)
"Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items and vehicles;
(10)
"Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of leased or rented storage space at a self-service storage facility;
(11)
"Self-service storage facility":
(A)
Means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property; and
(B)
Does not include any part of the real property used for residential purposes;
(12)
"Self-service storage insurance":
(A)
Means insurance which may provide coverage for the repair or replacement of covered personal property against any one (1) or more of the following causes:
(i)
Loss;
(ii)
Theft;
(iii)
Damage; or
(iv)
Other similar causes of loss; and
(B)
Does not include a homeowner's, renter's, private passenger automobile, commercial multi-peril or similar policy;
(13)
"Self-service storage transaction" means the lease of self-service storage space by an owner to an occupant pursuant to a rental agreement;
(14)
"Supervising entity" means a business entity that is a licensed insurance producer or insurer; and
(15)
"Vehicle" means a motor vehicle, a trailer or a semitrailer as defined in §§
55-1-103
and
55-1-105
and a vessel as defined in §
69-9-204
.
Added by 2013 Tenn. Acts, ch. 293,s 2, eff. 7/1/2013.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 12 - SELF-SERVICE STORAGE INSURANCE (§§ 56-6-1201 — 56-6-1207) › Section 56-6-1202 - Requirement to hold a limited lines license to sell or offer coverage

(a)
An owner shall hold a limited lines business entity producer's license to sell or offer coverage under a policy of self-service storage insurance. An owner who complies with this part shall be entitled to a limited lines license, without examination, authorizing the owner to sell or offer coverage under a policy of self-service storage insurance.
(b)
A limited lines license issued to an owner under this section shall authorize any employee or authorized representative of the owner to sell or offer coverage under a policy of self-service storage insurance to an occupant at each location at which the owner engages in self-service storage transactions.
(c)
In connection with an owner's initial application for licensure and at renewal, the owner shall provide a list to the commissioner of all locations in this state at which the owner offers coverage.
(d)
Notwithstanding any law to the contrary, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in activities permitted in this part.
Added by 2013 Tenn. Acts, ch. 293,s 3, eff. 7/1/2013.
2023 Tennessee Code › Title 56 - INSURANCE (§§ 56-1-101 — 56-61-125) › Chapter 6 - AGENTS, SOLICITORS AND ADMINISTRATORS (§§ 56-6-101 — 56-6-1407) › Part 12 - SELF-SERVICE STORAGE INSURANCE (§§ 56-6-1201 — 56-6-1207) › Section 56-6-1203 - Availability of brochures or other written materials - Offer on periodic basis - Eligibility and underwriting standards

(a)
At every location where self-service storage insurance is offered to occupants, brochures or other written materials shall be made available that:
(1)
Disclose that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy or other source of coverage;
(2)
State that the enrollment by the occupant in a self-service storage insurance program is not required in order to lease self-service storage space;
(3)
Summarize the material terms of the insurance coverage, including:
(A)
The identity of the insurer;
(B)
The identity of the supervising entity;
(C)
The amount of any applicable deductible and how it is to be paid;
(D)
Benefits of the coverage; and
(E)
Key terms and conditions of coverage such as whether covered personal property may be repaired or replaced;
(4)
Summarize the process for filing a claim; and
(5)
State that the enrolled occupant may cancel enrollment for coverage under a self-service storage insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(b)
Self-service storage insurance may only be offered or sold on a periodic basis in connection with the rental of leased space at the self-service storage facility on a master, corporate, commercial, group, or individual policy basis and only with respect to personal property insurance that provides coverage to an occupant at the self-service storage facility where the insurance is transacted for the loss of or damage to stored personal property that occurs at such facility.
(c)
Eligibility and underwriting standards for occupants electing to enroll in coverage shall be established for each self-service storage insurance program.
Added by 2013 Tenn. Acts, ch. 293,s 4, eff. 7/1/2013.