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 12 - SELF-SERVICE STORAGE INSURANCE (§§ 56-6-1201 — 56-6-1207) › Section 56-6-1204 - Employees not subject to licensure under certain conditions - Charge for insurance coverage allowed

(a)
Notwithstanding any law to the contrary, the employees and authorized representatives of an owner may sell or offer self-service storage insurance to occupants and shall not be subject to licensure as an insurance producer under this part; provided, that:
(1)
The owner obtains a limited lines license to authorize its employees or authorized representatives to sell or offer self-service storage insurance pursuant to §
56-6-1202
;
(2)
The insurer issuing the self-service storage insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the owner. The training required by this subdivision (a)(2) shall comply with the following:
(A)
The training shall be delivered to employees and authorized representatives of an owner who are directly engaged in the activity of selling or offering self-service storage insurance;
(B)
The training may be provided in electronic form. If the training is conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding self-service storage insurance that is conducted and overseen by the supervising entity; and
(C)
Each employee and authorized representative shall receive basic instruction concerning the self-service storage insurance offered to customers and the disclosures required under §
56-6-1203
;
(3)
No employee or authorized representative of an owner of self-service storage space shall advertise, represent or otherwise hold themselves out as a nonlimited lines licensed insurance producer; and
(4)
No employee or authorized representative of an owner shall be compensated based primarily on the number of occupants enrolled for self-service storage coverage; provided, however, the employee or authorized representative may receive compensation for activities under the limited lines license which is incidental to overall compensation.
(b)
(1)
The charge for self-service storage insurance coverage may be assessed and collected by the owner; provided, however, that such charge shall be a separate item within or an addendum to a rental agreement.
(2)
Owners assessing and collecting such charges shall not be required to maintain such funds in a segregated account; provided, the owner is authorized by the insurer to hold such funds in a nonsegregated account and remits such amounts to the supervising entity within sixty (60) days of receipt.
(3)
All funds received by an owner from an enrolled occupant for the sale of self-service storage insurance shall be considered funds held in trust by the owner in a fiduciary capacity for the benefit of the insurer.
(4)
Owners may receive compensation for assessing and collection services.
Added by 2013 Tenn. Acts, ch. 293,s 5, 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 56-6-1205 - Violations

lf an owner or its employee or authorized representative violates this part, the commissioner is authorized to:
(1)
After notice and hearing, impose on a person licensed 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 licensed 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 self-service storage insurance pursuant to this part at specific business locations where violations have occurred; and
(B)
Suspending or revoking the authority of individual employees or authorized representatives to act under a license issued pursuant to §
56-6-1202
.
Added by 2013 Tenn. Acts, ch. 293,s 6, 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 56-6-1207 - 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 owner's compliance with this part and the name of the principal, officer, employee, or representative 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 owner 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 self-service storage limited lines license and five hundred dollars ($500) for each renewal.
(2)
The fee prescribed for an owner that is engaged in self-service storage 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.
Added by 2013 Tenn. Acts, ch. 293,s 8, 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 13 - NAVIGATORS FOR HEALTH CARE EXCHANGES (§§ 56-6-1301 — 56-6-1305) › Section 56-6-1301 - Part definitions

For purposes of this part:
(1)
"Commissioner" means the commissioner of commerce and insurance;
(2)
"Exchange" means any health benefit exchange established or operating in this state, including any exchange established or operated by the United States department of health and human services; and
(3)
"Navigator" means any person, other than an insurance producer, or a hospital licensed in this state under title 68 or title 33, who:
(A)
Receives any funding, directly or indirectly, from an exchange, this state or the federal government to perform any of the activities and duties identified in
42 U.S.C. § 18031(i)
;
(B)
Facilitates enrollment of individuals or employers in health plans or public insurance programs offered through an exchange;
(C)
Conducts public education or consumer assistance activities for, or on behalf of, an exchange; or
(D)
Is described or designated by an exchange, this state or the United States department of health and human services, or could reasonably be described or designated as, a navigator, an in-person assister, enrollment assister, application assister or application counselor.
Amended by 2014 Tenn. Acts, ch. 660,s 1, eff. 4/10/2014.
Added by 2013 Tenn. Acts, ch. 377,s 1, 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 13 - NAVIGATORS FOR HEALTH CARE EXCHANGES (§§ 56-6-1301 — 56-6-1305) › Section 56-6-1302 - Prohibition against navigator selling, soliciting or negotiating policy of insurance

No navigator shall sell, solicit or negotiate any policy of insurance, either within or outside of an exchange.
Added by 2013 Tenn. Acts, ch. 377,s 1, 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 13 - NAVIGATORS FOR HEALTH CARE EXCHANGES (§§ 56-6-1301 — 56-6-1305) › Section 56-6-1303 - Commissioner's authority to issue cease and desist order or to seek injunction against navigator

The commissioner may:
(1)
Issue a cease and desist order to a navigator for violating state or federal law pertaining to an exchange; and
(2)
Seek injunctive relief against a navigator acting in violation of state or federal law pertaining to an exchange.
Added by 2013 Tenn. Acts, ch. 377,s 1, 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 13 - NAVIGATORS FOR HEALTH CARE EXCHANGES (§§ 56-6-1301 — 56-6-1305) › Section 56-6-1304 - Rules and regulations

The commissioner may promulgate such rules and regulations as may be necessary or appropriate to regulate the activities of navigators as may be consistent with the Patient Protection and Affordable Care Act (
42 U.S.C. § 18011
et seq.).
Added by 2013 Tenn. Acts, ch. 377,s 1, 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 13 - NAVIGATORS FOR HEALTH CARE EXCHANGES (§§ 56-6-1301 — 56-6-1305) › Section 56-6-1305 - Severability

If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the part which can be given effect without the invalid provision or application, and to that end the provisions of this part are declared to be severable.
Added by 2013 Tenn. Acts, ch. 377,s 1, 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 14 - TRAVEL INSURANCE PRODUCER LIMITED LICENSE ACT (§§ 56-6-1401 — 56-6-1407) › Section 56-6-1401 - Short title

This part shall be known and may be cited as the "Travel Insurance Producer Limited License Act."
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
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 14 - TRAVEL INSURANCE PRODUCER LIMITED LICENSE ACT (§§ 56-6-1401 — 56-6-1407) › Section 56-6-1404 - Registered travel retailer authorized to offer and disseminate travel insurance on behalf of travel insurance supervising entity

Notwithstanding any other law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a travel insurance supervising entity meeting the conditions stated in this part, is authorized to do so and receive related compensation for such services, upon registration by the travel insurance supervising entity pursuant to §
56-6-1403(a)(2)(B)
.
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
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 14 - TRAVEL INSURANCE PRODUCER LIMITED LICENSE ACT (§§ 56-6-1401 — 56-6-1407) › Section 56-6-1405 - Travel insurance authorized as individual policy or under group or master policy

Travel insurance may be provided under an individual policy or under a group or master policy.
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
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 14 - TRAVEL INSURANCE PRODUCER LIMITED LICENSE ACT (§§ 56-6-1401 — 56-6-1407) › Section 56-6-1406 - Responsibility of travel insurance supervising entity

As the insurer designee, the travel insurance supervising entity is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this part.
Added by 2015 Tenn. Acts, ch. 460,s 3, eff. 1/1/2016.
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 14 - TRAVEL INSURANCE PRODUCER LIMITED LICENSE ACT (§§ 56-6-1401 — 56-6-1407) › Section 56-6-1407 - Actions by commissioner for violation of part

(a)
The commissioner may take any action or combination of actions authorized pursuant to §
56-2-305
or §
56-6-112
against any limited lines travel insurance producer, travel insurance supervising entity, or travel retailer licensed or approved pursuant to this part.
(b)
If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner may:
(1)
Direct the travel insurance supervising entity to implement a corrective action plan with the travel retailer; or
(2)
Direct the travel insurance supervising entity to revoke the authorization of the travel retailer to transact travel insurance on its behalf and under its license and to remove the travel retailer's name from its register.
(c)
If the commissioner determines that a travel retailer or a travel retailer's employee has violated this part or any other provision of this title, the commissioner, after notice and hearing, may take any actions authorized pursuant to §
56-2-305
or §
56-6-112
.
Added by 2015 Tenn. Acts, ch. 460,s 3, 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-NEW - [Newly enacted section not yet numbered] (§ 56-7-NEW) › 1

For purposes of this title, a healthcare sharing ministry, as defined in §
48-51-201
, is not considered to be engaging in the business of insurance.
Added by 2024 Tenn. Acts, ch. 526,s 3, eff. 3/7/2024.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-NEW - [Newly enacted section not yet numbered] (§ 56-7-NEW) › 2

(a)
As used in this section, "health insurance entity" has the same meaning as defined in§ 56-7-109.
(b)
To facilitate patient and provider access to health information, a health insurance entity shall establish and maintain the following application programming interfaces (API) for the benefit of all insureds and contracted providers, as applicable:
(1)
Patient access API, as described in
42 CFR § 422.119(a)-(e)
;
(2)
Provider directory API, as described in
42 CFR § 422.120
; and
(3)
Payer-to-payer exchange API, as described in
42 CFR § 422.119(f)
.
(c)
In addition to the API described in subsection (b), the department may require a health insurance entity to establish and maintain the following APls if and when final rules are published by the federal government:
(1)
Provider access API; and
(2)
Prior authorization support API.
(d)
An API described in subdivision (b)(3) must be established in accordance with standards published in a final rule issued by the federal centers for medicare and medicaid services and published in the Federal Register, and must align with federal effective dates, including enforcement delays and suspensions, issued by the federal centers for medicare and medicaid services.
(e)
This section does not limit existing requirements under this chapter.
(f)
The commissioner of commerce and insurance may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 931,s 4, eff. 5/6/2024.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-102 - Policies to contain entire contract - Exceptions - Construed as Tennessee contracts - Rules of construction - Duty to defend - Determination of obligations - Assignment

(a)
Every policy of insurance, issued to or for the benefit of any citizen or resident of this state on or after July 1, 1907, by any insurance company or association doing business in this state, except fraternal beneficiary associations and mutual insurance companies or associations operating on the assessment plan, or policies of industrial insurance, shall contain the entire contract of insurance between the parties to the contract, and every contract so issued shall be held as made in this state and construed solely according to the laws of this state.
(b)
A policy of insurance is a contract and the rules of construction used to interpret a policy of insurance are the same as any other contract.
(c)
A policy of insurance must be interpreted fairly and reasonably, giving the language of the policy of insurance its ordinary meaning.
(d)
A policy of insurance must be construed reasonably and logically as a whole.
(e)
An insurance company's duty to defend depends solely on the allegations contained in the underlying complaint describing acts or events covered by the policy of insurance. This subsection (e) does not impose a duty to defend on an insurance company that has no duty to defend pursuant to this title or that has an express exclusion of the duty to defend in the policy of insurance.
(f)
An insurance company may determine its obligations under a policy of insurance as to any and all parties or claimants through a declaratory judgment action, an interpleader claim or action, or both. The filing of such action or claim creates a rebuttable presumption the insurance company is acting in good faith when making a determination of its obligations under a policy of insurance.
(g)
Except as provided in §
56-7-120
, the rights, duties, or benefits provided by a policy of insurance issued under this title may be assigned only as expressly provided by the terms of the policy of insurance or as otherwise expressly allowed by the insurer.
Amended by 2021 Tenn. Acts, ch. 67, s 1, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 121, s 1, eff. 4/9/2019.
Amended by 2018 Tenn. Acts, ch. 588, s 1, eff. 3/22/2018.
Acts 1907, ch. 441, § 1; Shan., § 3275a1; mod. Code 1932, § 6086; T.C.A. (orig. ed.), § 56-1102.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-103 - Misrepresentation or warranty will not void policy - Exceptions

No written or oral misrepresentation or warranty made in the negotiations of a contract or policy of insurance, or in the application for contract or policy of insurance, by the insured or in the insured's behalf, shall be deemed material or defeat or void the policy or prevent its attaching, unless the misrepresentation or warranty is made with actual intent to deceive, or unless the matter represented increases the risk of loss.
Acts 1895, ch. 160, § 22; Shan., § 3306; Code 1932, § 6126; T.C.A. (orig. ed.), § 56-1103.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-104 - Hostilities shall not invalidate policy

No policy of insurance issued to a citizen of this state by an authorized company organized under the laws of a foreign country shall be invalidated by the occurrence of hostilities between the foreign country and the United States.
Acts 1895, ch. 160, § 23; Shan., § 3307; Code 1932, § 6127; T.C.A. (orig. ed.), § 56-1104.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-105 - Additional liability upon insurers and bonding companies for bad-faith failure to pay promptly

(a)
The insurance companies of this state, and foreign insurance companies and other persons or corporations doing an insurance or fidelity bonding business in this state, in all cases when a loss occurs and they refuse to pay the loss within sixty (60) days after a demand has been made by the holder of the policy or fidelity bond on which the loss occurred, shall be liable to pay the holder of the policy or fidelity bond, in addition to the loss and interest thereon, a sum not exceeding twenty-five percent (25%) on the liability for the loss; provided, that it is made to appear to the court or jury trying the case that the refusal to pay the loss was not in good faith, and that the failure to pay inflicted additional expense, loss, or injury including attorney fees upon the holder of the policy or fidelity bond; and provided, further, that the additional liability, within the limit prescribed, shall, in the discretion of the court or jury trying the case, be measured by the additional expense, loss, and injury including attorney fees thus entailed.
(b)
In any action against an unauthorized foreign or alien insurer or bonding company upon a contract of insurance or fidelity bond issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer or bonding company has failed for thirty (30) days after demand prior to commencement of the action to make payment in accordance with the terms of the contract or fidelity bond, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include the fee in any judgment that may be rendered in the action. The fee shall not exceed twelve and one half percent (12.5%) of the amount that the court or jury finds the plaintiff is entitled to recover against the insurer or bonding company, but in no event shall the fee be less than twenty-five dollars ($25.00). Failure of an insurer or bonding company to defend the action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Acts 1901, ch. 141, § 1; Shan., § 3369a141; Code 1932, § 6434; Acts 1955, ch. 2, § 4; T.C.A. (orig. ed.), § 56-1105; Acts 1981, ch. 354, § 1; 2000, ch. 701, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-106 - Liability of policyholders when action not brought in good faith

In the event it is made to appear to the court or jury trying the cause that the action of the policyholder in bringing the suit was not in good faith, and recovery under the policy is not had, the policyholder shall be liable to the insurance company, corporation, firm, or person in a sum not exceeding twenty-five percent (25%) of the amount of the loss claimed under the policy; provided, that the liability, within the limits prescribed, shall, in the discretion of the court or jury trying the cause, be measured by the additional expense, loss, or injury inflicted upon the defendant by reason of the suit.
Acts 1901, ch. 141, § 2; Shan., § 3369a142; Code 1932, § 6435; T.C.A. (orig. ed.), § 56-1106.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-107 - Suit on certificate issued under group insurance policy - Copy of policy attached to defendant's answer

In any action against an insurance company by the holder of a certificate issued under a policy of group insurance, the defendant shall be required to attach to its pleading in the action a copy of a group insurance policy under which the certificate was issued, on which suit is brought, and the copy shall be receivable in evidence, without any cost to plaintiff, and the copy shall be duly attested and sworn to.
Acts 1933, ch. 99, § 1; C. Supp. 1950, § 6435.1; T.C.A. (orig. ed.), § 56-1107.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-108 - Mortality tables

Notwithstanding any other law, the mortality tables adopted by the National Association of Insurance Commissioners (NAIC) for life insurance contracts may be used by insurers to determine adjusted premiums, present values and reserve values, within any limitations of application as specified by NAIC. Mortality tables adopted by NAIC may be used by insurers pursuant to this section beginning on or after January 1 of the year following adoption by NAIC, unless the commissioner rejects the table by issuing a bulletin posted on the department's web site and mailed to all domestic companies holding a certificate of authority to write life insurance in the state. A mortality table rejected by the commissioner may be subsequently adopted or modified by the commissioner pursuant to a rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 339, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-111 - Property or casualty insurance - General contractor as a payee

When insured property losses in excess of one thousand dollars ($1,000) accrue to the owners of dwellings or other structures insured under policies of property or casualty insurance as defined in §
56-2-201
, the insurance company shall name the general contractor, as defined in §
62-6-102
, of any uncompleted construction or building contract as a payee on the draft to the owner covering payment for the loss. The insurance company shall name the general contractor as payee on the draft pursuant to this section regardless of whether the work that was performed or is yet to be performed is less than twenty-five thousand dollars ($25,000).
Acts 1974, ch. 705, § 1; T.C.A., § 56-1169; Acts 1998, ch. 706, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-112 - Deferred individual annuity contracts - Minimum guaranteed surrender value

Deferred individual annuity contracts, except variable annuity contracts as provided for in chapter 3, part 5 of this title, filed for approval after July 1, 1976, or issued after July 1, 1977, must provide upon surrender of the contract guaranteed values in the form of a cash value or paid up annuity that are equal to or greater than the following minimum standards:
(1)
In the case of contracts providing level premiums or considerations, the minimum cash value shall not be less than fifty percent (50%) of the annual premium or consideration in the first policy year, plus eighty-five percent (85%) of the premiums or considerations for the second to the tenth policy years inclusive, plus ninety percent (90%) of the premiums or considerations after the tenth policy year, all accumulated at not less than three percent (3%) interest. The annual premiums to be accumulated may be diminished by a policy fee not greater than twenty dollars ($20.00) per year;
(2)
In the case of contracts providing premiums or considerations that may vary in amount, the minimum values shall be determined according to the same principles as described in subdivision (1), the cash value attributable to an increase in premium or consideration being computed on the basis of fifty percent (50%) of the excess of the premium or consideration over the largest premium or consideration paid in any prior contract year;
(3)
In the case of a single premium policy, the minimum cash value shall be equal to at least ninety percent (90%) of the single premium or consideration accumulated at not less than three percent (3%) interest; and
(4)
The contract shall provide that the company shall reserve the right to defer payment of the cash values for six (6) months after application for payment is made.
Acts 1976, ch. 546, § 1; T.C.A., § 56-1171.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-113 - Inquiry by homeowner's insurance policyholder not grounds for premium increase or cancellation of policy - Communications necessitating investigation - Violation constitutes unfair trade practice

(a)
For purposes of this section:
(1)
"Cancel" means to terminate a homeowner's insurance policy prior to the expiration of the policy period;
(2)
"Claim":
(A)
Means an oral, written, or electronic submission for payment filed by an insured, on behalf of the insured, or by a third party whereby an insurance company accepts the submission for payment in accordance with the insurance company's reasonable submission standards; and
(B)
Does not mean an inquiry by an insured or by an insurance producer on behalf of an insured;
(3)
"Inquiry" means any communication to an insurance company by an insured, or by an insurance producer on behalf of an insured, regarding general terms and conditions of a homeowner's insurance policy, including a communication concerning whether a homeowner's insurance policy provides coverage for a type of event or the process for filing a claim; and
(4)
"Insurance company" has the same meaning as defined in §
56-1-102
.
(b)
No insurance company shall increase a premium or cancel a homeowner's insurance policy solely on the basis of an inquiry or inquiries by an insured regarding the insured's homeowner's insurance policy or a loss under the policy.
(c)
Notwithstanding the foregoing, if a communication by an insured to an insurance company necessitates an investigation by the insurance company which results in a written finding that there has been a change in a known condition or use of the premises or a fraudulent act by the consumer, then the insurance company may consider the communication to be either a claim or an inquiry.
(d)
A violation of this section shall be considered an unfair trade practice under the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009, compiled in chapter 8, part 1 of this title.
Added by 2014 Tenn. Acts, ch. 975,s 1, eff. 7/1/2014.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-115 - Medical health care liability insurance - Availability for all classifications of practice

(a)
All insurance companies issuing health care liability insurance policies to physicians licensed to practice medicine in this state shall issue policies covering physicians of all classifications of practice; provided, that this subsection (a) shall not be construed to require the issuance of a policy contrary to established underwriting practices.
(b)
This section shall not be construed to prevent an insurance company issuing health care liability insurance policies to physicians licensed in the state from limiting the amount of the coverage of the policies or from making a premium surcharge for the insurance in accordance with established underwriting practices.
Acts 1979, ch. 161, §§ 1, 2; T.C.A., § 56-1178; Acts 2012, ch. 798, § 20.
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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-117 - Required use of mail-order pharmacy prohibited

(a)
No group medical benefit contract issued by an insurance company, a hospital service corporation, a hospital and medical service corporation, a medical service corporation, a health maintenance organization or a health care center, that provides coverage for prescription drugs, may require any person covered under the contract to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for the drugs, or to pay an additional fee or be subjected to any other penalty for failing to utilize any mail-order pharmacy designated by the insurance company or other issuing organization.
(b)
The commissioner is authorized to promulgate regulations to implement and enforce this section.
Acts 1990, ch. 836, §§ 1, 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-118 - Notice of premium increase

Any insurance company that increases its premiums shall give thirty (30) days' notice of any increase to a customer who has an account paid by bank draft or preauthorized check.
Acts 1992, ch. 633, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-119 - Excuse for absence of employee or student

Any employer or educational institution may accept, and a duly licensed doctor of chiropractic may issue, an excuse for the absence of an employee or student. Nothing in this section shall be construed to require the insurer of the employee or student to pay for the service or include it within the scope of coverage of any insurance policy.
Acts 1992, ch. 848, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-120 - Assignment of benefits to health care provider

(a)
Notwithstanding any law to the contrary, if a policy of insurance issued in this state provides for coverage of health care rendered by a healthcare provider covered under title 63, the insured or other persons entitled to benefits under the policy are entitled to assign their benefits to the healthcare provider and such rights must be stated clearly in the policy. Notice of the assignment must be in writing to the insurer in order to be effective unless otherwise stated in the policy.
(b)
As used in this section:
(1)
[Deleted by 2023 amendment.]
(2)
[Deleted by 2023 amendment.]
(3)
"Healthcare facility" means a hospital as defined in §
68-11-201
, or an ambulatory surgical treatment center as defined in §
68-11-201
;
(4)
"Healthcare provider" means any doctor of medicine, osteopathy, dentistry, chiropractic, podiatry, or optometry; a pharmacist or pharmacy; a hospital; a home health agency; an entity providing infusion therapy services; or an entity providing medical equipment services; and
(5)
"Insured" means any person who has health insurance coverage as defined in §
56-7-109
through a health insurance entity as defined in §
56-7-109
.
(6)
[Deleted by 2023 amendment.]
(c)
[Deleted by 2023 amendment.]
(d)
[Deleted by 2023 amendment.]
(e)
[Deleted by 2023 amendment.]
(f)
This section does not prohibit a policy of insurance from providing reimbursement to an insured for expenses the insured incurred when the insured remitted payment directly to a healthcare provider or healthcare facility for provided covered healthcare services.
Amended by 2023 Tenn. Acts, ch. 42, s 1, eff. 3/14/2023.
Amended by 2021 Tenn. Acts, ch. 260, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 239, s 1, eff. 4/30/2019.
Amended by 2019 Tenn. Acts, ch. 62, s 1, eff. 3/28/2019.
Amended by 2018 Tenn. Acts, ch. 840, s 1, eff. 7/1/2018.
Acts 1992, ch. 918, § 1; 1993, ch. 111, § 1; 1997 , ch. 248, § 1; 2009 , ch. 365, § 1; 2010 , ch. 1027, §§ 1, 2; 2011 , ch. 6, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-121 - Exclusion of coverage

Notwithstanding any other law to the contrary, an insurer may exclude coverage pursuant to a contractual agreement; provided, that the exclusion complies with this title.
Acts 1995, ch. 219, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-122 - Disclosure of agreements to limit services permitted

A provider shall not be prohibited by a health plan, by contract or otherwise, from disclosing to a patient the existence of financial arrangements with the health plan that reward the provider for reducing or limiting the range and amount of medically necessary and appropriate services rendered to the patients enrolled in the health plan.
Acts 1997, ch. 324, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-123 - Policies to be in English - Language of promotional material

(a)
Every insurance policy, issued to or for the benefit of any citizen or resident of this state, shall be written in the English language.
(b)
Nothing in this part shall prohibit an insurer from advertising or providing information or translations to consumers in a language other than English; provided, that the advertisement or informational materials clearly state the insurance policy being advertised is available only in English.
(c)
In the event of a dispute, the language contained in the insurance policy is controlling and any advertisement or informational materials used by an insurer shall not be construed to modify or change the insurance policy.
(d)
Notwithstanding subsection (c), the use of any advertising or informational materials by any person, without regard as to the language in which the materials are written, that materially contradict or misrepresent any provision of the underlying policy of insurance shall constitute an unfair and deceptive practice in the insurance business as provided by §§
56-8-103
and
56-8-104
.
Acts 1999, ch. 101, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-125 - Written statement of rights for personal lines fire or homeowners insurance policyholders

(a)
At any time a policyholder files a property claim under a personal lines fire or homeowners insurance policy for structural damage with an estimated value at or above twenty thousand dollars ($20,000), the insurer shall provide the policyholder with a written statement setting forth certain basic rights to which the policyholder is entitled under the policyholder's policy.
(b)
At a minimum, the written statement required by subsection (a) shall advise policyholders of their rights to:
(1)
Receive quality repair work to restore the damages to the policyholders' property;
(2)
Have the repairs made by a contractor of the policyholders' choice, understanding that the contractor is hired by the policyholder and that this contractor does not work for or at the direction of the insurance company;
(3)
Receive a copy of the insurance policy free of charge upon request;
(4)
Be informed of the need to file a proof of loss, if required;
(5)
Receive the name, phone number, and address of the claim representative handling the loss;
(6)
Receive a detailed estimate of the scope of damage and costs of repairs. Should the contractor selected by the policyholder have questions concerning the insurance company's estimate, the policyholder or the policyholder's contractor should contact the policyholder's claim representative directly;
(7)
File supplemental claims as the need arises; and
(8)
File a complaint with the department by calling the policyholder service section at 1-800-342-4029, if the policyholder is unable to work out an agreement after speaking with the policyholder's claim representative, agent, and the company.
(c)
The written statement required by this section shall also inform the policyholder that the requirements of this section do not amend or replace any part of the policyholder's insurance policy and that the policyholder should carefully read and examine the policyholder's insurance policy, including all policy coverages, conditions, exclusions and rights.
(d)
Any insurer that fails to comply with this section shall be subject to the unfair claims settlement practice provisions under §
56-8-104(8)
[repealed].
Acts 2001, ch. 226, §§ 1 - 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-126 - Duty of pharmacy benefits manager - Health insurance under TennCare program

(a)
A pharmacy benefits manager shall notify a pharmacist who furnishes goods or services under any policy or contract for health insurance coverage provided under the TennCare program of the failure of any health insurer to provide timely payments for nondisputed claims pursuant to contract within fourteen (14) days of the failure of the health insurer to fund a scheduled payment.
(b)
Failure by a pharmacy benefits manager to provide notice as described in subsection (a) shall be cause for the commissioner to impose the appropriate penalties allowed in this title.
(c)
As used in this section, "pharmacy benefits manager" means a person, business or other entity and any wholly or partially owned subsidiary of the entity, that administers the prescription drug or device portion of plans providing health insurance coverage on behalf of a third party, including plan sponsors, insurance companies, unions, and health maintenance organizations.
Acts 2003, ch. 220, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-127 - Major medical insurance coverage for a catastrophic illness requiring in-patient hospital care

(a)
It is the intent of the general assembly that the availability and affordability of basic major medical insurance coverage for a catastrophic illness requiring inpatient hospital care is essential for many Tennesseans who are uninsured.
(b)
To that extent, insurance providers in this state are encouraged to develop a plan that provides only major medical insurance coverage for a catastrophic illness requiring inpatient hospital care.
(c)
The plans developed under this section are not required to provide the mandated coverage or the mandated offers of coverage required pursuant to part 23, 24, 25, or 26 of this chapter, except to the extent that a specific mandated coverage is essential to the provision of basic health care for the catastrophic illness requiring inpatient hospital care.
(d)
Prior to being offered for sale in this state, the plan shall be submitted to the commissioner for approval, modification or disapproval. Upon receipt of approval for the plan by the commissioner, the carrier may use the certified plan until the plan is disapproved by the commissioner.
(e)
The commissioner is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Acts 2004, ch. 550, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-129 - Subrogation of claims for damage caused by explosives

Any company holding a certificate of authority pursuant to §
56-2-105
to provide property insurance as defined in §
56-2-201
, may subrogate a claim for damage caused by a blasting operation as defined in §
68-105-102
, to the person as defined in §
68-105-102
causing the blast.
Acts 2006, ch. 735, § 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 1 - GENERAL PROVISIONS (§§ 56-7-NEW — 56-7-135) › Section 56-7-131 - Advanced payments - Prior to trial

(a)
In any action in which a person has made any payments to or on behalf of any claimant prior to trial, the payments shall not be construed as an admission of liability by the person in any action brought to recover for personal injuries or for damage to property.
(b)
In the event, however, that the action results in a verdict in favor of the claimant, the defendant shall be allowed to introduce evidence of the payments and the court shall then reduce the amount awarded to the plaintiff by the amount of payments made prior to the date of judgment.
(c)
No such payments made by any insurance company shall be construed to be in lieu of or in addition to any limits of liability of the insurance company under any policy of insurance, but the sums paid in advance shall be deemed to have been made pursuant to the limits of the policy and shall be credited to the insurer's obligation to the insured arising from the policy and shall be deducted from the insurer's obligation.
(d)
The making of any advance payments shall not interrupt the running of the statute of limitations on any claim.
Acts 2008, ch. 1079, § 14.