Title 56, Insurance

The commissioner may, after notice and hearing, promulgate reasonable rules, regulations and orders as are necessary or proper to carry out and effectuate this chapter, including, but not limited to, the standards for determining financial soundness and other qualifications of a …

(1) As used in this chapter, unless the context otherwise requires:(1) “Actual malice” means knowledge that information is false, or reckless disregard of whether it is false;(2) “Conceal” means to take affirmative action to prevent others from discovering information. Mere failu…

(a) Any person who, knowingly and with intent to defraud, and for the purpose of depriving another of property or for pecuniary gain, commits, participates in or aids, abets, or conspires to commit or solicits another person to commit, or intentionally permits its employees or it…

(a) Any person who commits, participates in, or aids, abets, or conspires to commit, or solicits another person to commit, or permits its employees or its agents to commit any of the following acts with an intent to induce reliance, has committed an unlawful insurance act:(1) Pre…

A person who violates § 56-53-102 shall be punished and subject to the penalties under § 39-14-133.

(a) A person convicted of a violation of § 56-53-102 shall be ordered to make monetary restitution for any financial loss or damages sustained by any other person as a result of the violation. Financial loss or damage shall include, but is not necessarily limited to, loss of earn…

(a) (1) Any practitioner determined by the court to have violated § 56-53-102 shall be deemed to have committed an act involving moral turpitude that is inimical to the public well-being. The court or prosecutor shall notify the appropriate licensing authority in this state of th…

(a) (1) Any person injured in the person's business or property by reason of a violation of § 56-53-103 may recover for the injury from the person or persons violating § 56-53-103, in any appropriate court having jurisdiction, the following:(A) Return of any profit, benefit, comp…

The remedies expressly provided in § 56-53-107 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-53-107 shall not be used in conjunction with or in addition to any other remedies availa…

(a) When any law enforcement official or authority, any insurance department, state division of insurance fraud, or state or federal regulatory or licensing authority requests information from an insurer or insurance professional for the purpose of detecting, prosecuting or preve…

In the absence of actual malice, no person furnishing, disclosing or requesting information pursuant to § 56-53-109 shall be subject to civil liability for libel, slander, or any other cause of action arising from the furnishing, disclosing or requesting of the information. No pe…

(a) Anti-Fraud Plans. (1) By January 1, 2002, every insurer with direct written premiums exceeding ten million dollars ($10,000,000) shall prepare, implement, and maintain an insurance anti-fraud plan. Each insurer's anti-fraud plan shall outline specific procedures, appropriate …

Nothing in this chapter shall apply to a workers' compensation insurance policy as defined in § 56-47-102, and the Workers' Compensation Fraud Act, compiled in chapter 47 of this title, shall continue in full force and effect.

This chapter is known and may be cited as the “Tennessee Vehicle Protection Product Act.”

(1) As used in this chapter, unless the context otherwise requires:(1) “Administrator” means a third party, other than the warrantor, who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties;(2) “Commissioner” means the …

(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with this chapter. (b) A vehicle protection product warranty provided or sold in compliance with this chapter is not a contract of insur…

(a) A person may not operate as a warrantor, or represent to the public that the person is a warrantor, unless the person is registered with the department on a form prescribed by the commissioner. (b) Warrantor registration records must be filed annually and must be updated by t…

(1) No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under a warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty:(1) The warra…

(1) No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:(1) The policy states that the issuer of the policy will reimburse, or pay on behalf of the vehicle protection product warranto…

(a) Every vehicle protection product warranty shall be written in clear, understandable language and shall be printed or typed in an easy-to-read point size and font and shall not be sold or offered for sale in the state unless the warranty:(1) Contains a disclosure that reads su…

(a) No vehicle protection product may be sold or offered for sale in this state, unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any. (b) The warrantor may only cancel the warranty if t…

(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature the words “insurance,” “casualty,” “surety,” “mutual,” or any other word that is descriptive of the insurance, casualty, or surety business or t…

(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (b) A vehicle protection product warrantor's accounts, books, and records shall include:(1) Copies of all vehicle protection produc…

(a) (1) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter, and to protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, an…

(a) Any warrantor doing business in this state in accordance with this chapter shall be deemed to have appointed the commissioner its true and lawful attorney upon whom may be served all lawful process in any action or proceeding against it. (b) Any warrantor doing business in th…

The commissioner may adopt administrative rules consistent with this chapter that are necessary to implement this chapter. The rules shall include disclosures for the benefit of the warranty holder, record keeping requirements, registration fees, penalties, and procedures for pub…

This chapter applies to all vehicle protection products sold or offered for sale on or after July 1, 2006. The failure of any person to comply with this chapter prior to July 1, 2006, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alte…

Nothing in this chapter shall authorize the sale of warranties, as defined in § 56-55-102, except as part of a vehicle protection product.

As used in this chapter, “professional employer organization benefit and welfare plan” means a plan offered to the covered employees of a professional employer organization registered pursuant to the Tennessee Professional Employer Organization Act, compiled in title 62, chapter …

A professional employer organization may sponsor and maintain employee benefit and welfare plans in accordance with § 62-43-108(c), for the benefit of covered employees. The self-insured plans developed under this section are not subject to the premium taxes imposed by this title…

(1) As used in this chapter, unless the context otherwise requires:(1) “Commissioner” means the commissioner of commerce and insurance;(2) “Department” means the department of commerce and insurance;(3) “Member” means any person who enrolls at no cost, or who pays fees, dues, cha…

(a) The department of health is authorized to develop and implement a prescription drug discount plan, which is known as “Volunteer Rx,” or, if the department of health deems appropriate, may contract for, pursuant to state purchasing laws, a prescription drug discount plan. The …

A prescription drug discount plan issued pursuant to § 56-57-102 is subject to regulation by the department and compliance with laws applicable to pharmacy discount cards, including, but not limited to, chapter 17 of this title.

This chapter is known and may be cited as the “Interstate Insurance Product Regulation Compact Act of 2007.”

Article I. Purposes. Pursuant to terms and conditions of this compact, Tennessee seeks to join with other states and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the interstate insurance product regulation commission. The commissioner…

(a) This chapter is known and may be cited as the “Guaranteed Asset Protection Waiver Act of 2008.” (b) The purpose of this chapter is to provide a framework within which guaranteed asset protection (GAP) waivers are defined and may be offered within the state. GAP waivers govern…

(1) The following definitions are for purposes of this chapter and are not intended to provide actual terms required in GAP waivers:(1) “Administrator” means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to the GAP wai…

(a) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (c) Notwithstanding any othe…

(a) Contractual liability or other insurance policies insuring GAP waivers must state the obligations of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waivers issued by the creditor and purchased or held by the b…

(1) GAP waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:(1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if different from the cr…

(a) GAP waiver agreements may be cancelable or noncancelable after the free look period. GAP waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price; provided, that no claims have b…

(a) Sections 56-59-103(c), 56-59-105, and 56-59-108 are not applicable to a GAP waiver offered in connection with a lease or sale associated with a commercial transaction. (b) For purposes of subsection (a), “commercial transaction” means a transaction involving the sale or lease…

(1) The commissioner may take action that is necessary or appropriate to enforce this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing the commissioner may:(1) Order the creditor, administrator or any other person not in com…

The general assembly finds that GAP waivers are not insurance. The general assembly also finds that GAP waivers complying with this chapter are exempt from the insurance laws of this state.

This chapter is known and may be cited as the “Preferred Provider Organization Transparency Act.”

(1) As used in this chapter:(1) “Affiliate” means an individual or entity that directly or indirectly through one (1) or more intermediaries, controls or is controlled by or is under common control with a contracting entity;(2) “Contracting entity” means any individual or entity …