Title 56, Insurance

(a) For purposes of this section:(1) “Exempt commercial risk policyholder” means an insured that either employs the services of an insurance producer licensed in property or casualty lines of authority or procures commercial risk insurance with the services of a full-time risk ma…

(a) Within ten (10) business days of receipt of a written request from an insured or an insured's designee, a commercial lines insurer shall furnish directly to the person designated in the request, a copy of the insured's loss run history for up to the previous three (3) years, …

Coverage by a commercial risk insurance policy of farm risks or real or personal property used in farming must not be considered in determining whether property is classified as farm or agricultural property under another law or rule in this state.

(1) As used in this part, unless the context otherwise requires:(1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied f…

(1) An insurer authorized to do business in this state that uses credit information to underwrite or rate risks for personal insurance shall not:(1) Take an adverse action against a consumer based on credit information, unless an insurer obtains and uses a credit report issued or…

If an insurer takes an adverse action based on factors that include credit information, the insurer must provide notice to the consumer that an adverse action has been taken. That notice must contain the reason or reasons for the adverse action, described in sufficiently clear an…

An insurer shall indemnify, defend, and hold an insurance producer harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of an insurance producer who obtains or uses credit history or insurance scores, or both, for …

Insurers that use insurance scores to underwrite or rate risks must file their scoring models or other scoring processes with the department of commerce and insurance. A filing that includes insurance scoring shall include loss experience justifying the use of credit information.…

If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act (15 U.S.C. § 1681i(a)(5)), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of the determination from eithe…

(a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in conn…

This part applies to personal risk insurance written on risks in this state by any insurer authorized to do business in this state.

(a) Notwithstanding the requirements of this title, a filing made by an insurer for personal risk insurance under this part that provides for an overall statewide rate increase or decrease of no more than fifteen percent (15%) in the aggregate for all coverages that are subject t…

(1) 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 Corpo…

(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 pol…

(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 …

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…

(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 reg…

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…

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, …

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.

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 adjust…

(a) This part is known and may be cited as the “Tennessee Insurance Producer Licensing Act of 2002.” (b) This part governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency, permit…

(1) As used in this part, unless the context otherwise requires:(1) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity;(2) “Commissioner” means the commissioner of commerce and insurance…

(a) A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this part. (b) To be eligible for a license pursuant to this section, a person must be a Uni…

(a) Nothing in this part shall be construed to require an insurer to obtain an insurance producer license. In this section, the term “insurer” does not include an insurer's officers, directors, employees, subsidiaries or affiliates. (b) A license as an insurance producer shall no…

(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 56-6-109. The examination must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and re…

(a) An individual residing in this state applying for an insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are …

(a) Unless denied licensure pursuant to § 56-6-112, persons who have met the requirements of §§ 56-6-105 and 56-6-106 shall be issued an insurance producer license. A resident insurance producer may receive a license in one (1) or more of the following lines of insurance:(1) Life…

(a) Unless denied licensure pursuant to § 56-6-112, a nonresident person shall receive an insurance producer license if:(1) The person is currently licensed as a resident insurance producer and is in good standing in the person's home state;(2) The person has submitted the proper…

(a) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state is not required to complete any examination. This exemption is only available if the person is currently licensed in that sta…

(1) An individual who has met the requirements of § 56-6-106 shall be entitled to a limited lines producer license without examination in one (1) or more of the following limited lines:(1) Travel insurance;(2) Credit life, credit accident and health insurance, or involuntary unem…

(1) For purposes of this part:(1) “Commissioner” means the commissioner of commerce and insurance;(2) “Customer” means a person who purchases portable electronics, optical products, or services;(3) “Department” means the department of commerce and insurance;(4) “Enrolled customer…

(a) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics or optical products insurance. A vendor who has met the requirements of this part shall be entitled to a limited lines business entity producer's license, wit…

(a) At every location where portable electronics or optical products insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer that:(1) Disclose that portable electronics or optical products insurance may provide a d…

(a) Notwithstanding any law to the contrary, the employees and authorized representatives of vendors may sell or offer portable electronics or optical products insurance to customers and shall not be subject to licensure as an insurance producer under this part; provided, that:(1…

(1) If a vendor of portable electronics or optical products 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 hundr…

(1) Notwithstanding any other law to the contrary:(1) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics or optical products insurance only upon providing the policyholder and enrolled customers with at least thirty (30) days…

(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 i…

(a) The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty (180) days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the foll…

(a) The commissioner may place on probation, suspend, revoke or refuse to issue or renew a license issued under this part or may levy a civil penalty in accordance with this section or take any combination of those actions, for any one (1) or more of the following causes:(1) Prov…

(a) An insurer or insurance producer shall not pay a commission, service fee, brokerage fee or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this part and is not so licensed.…

(a) A person shall be personally liable for any premiums paid for, or valid claims made on, all contracts of insurance unlawfully sold within this state by or through the person directly or indirectly, for or on behalf of an insurance company not authorized to do business in this…

(a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (b) An insurance producer who solicit…

Any money that an insurance producer receives for soliciting, negotiating or selling insurance shall be held in a fiduciary capacity, and shall not be misappropriated, converted or improperly withheld. Any violation of this section shall be considered grounds for the denial, susp…

(a) Termination for Cause. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within thirty (30) days following the effective date of t…

(a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements imposed by § 56-6-108, if the applicant's home state awards nonresident licenses to residents of this state on the s…