56-9-501 - Part definitions. - Tennessee Statutes

56-9-501. Part definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Commissioner” means the commissioner of commerce and insurance;

     (2)  “Consent” means agreement to administrative supervision by the insurer;

     (3)  “Department” means the department of commerce and insurance;

     (4)  “Exceeded its powers” means the following conditions:

          (A)  The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, the commissioner's deputies, employees or duly commissioned examiners;

          (B)  A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer;

          (C)  The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating to such statutes or rules;

          (D)  The insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;

          (E)  The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;

          (F)  The insurer, by contract or otherwise, has unlawfully or has, in violation of an order of the commissioner, or has, without first having obtained written approval of the commissioner if approval is required by law:

                (i)  Totally reinsured its entire outstanding business; or

                (ii)  Merged or consolidated substantially its entire property or business with another insurer;

          (G)  The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state; or

          (H)  The insurer refused to comply with a lawful order of the commissioner; and

     (5)  “Insurer” means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities, as limited to:

          (A)  Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future;

          (B)  Any fraternal benefit society that is subject to chapter 25 of this title; and

          (C)  Any other person subject to this chapter.

[Acts 1991, ch. 142, § 4.]