Tennessee § 47-23-101 - Insurance information confidential.

§ 47-23-101. Insurance information confidential.

When a borrower is required to keep real estate insured and to furnish evidence of such insurance to a lender as a condition for obtaining or keeping the loan, then the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, directly or indirectly, information with respect to the expiration dates of such insurance or other insurance policy information so as to enable any person or party to solicit the insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such disclosure to be made. No other person or party shall request the disclosure of such information, so as to facilitate solicitations of the insurance or any renewal thereof, without first obtaining the written consent of the policyholder. No lender, mortgagee, assignee, or creditor shall use any of the information contained in a policy of insurance for the purpose of soliciting insurance business with respect to the insured real property from the borrower. These prohibitions do not apply when the lender, mortgagee, assignee, or creditor has been advised in writing by the insurer or its agent that the insurance on the property will be cancelled or will not be renewed. A willful violation of this section by any lender, mortgagee, assignee, or creditor or by any other person or party who may request the disclosure of such information from such lender, mortgagee, assignee, or creditor is a Class A misdemeanor. Acts 1975, ch. 144, §§ 1-3; Acts 1989, ch. 591, §§ 1, 6; T.C.A., §§ 47-15-118 — 47-15-120 , 47-23-101 — 47-23-103 . Code Commission Notes. The misdemeanor in (c) has been designated a Class A misdemeanor by authority of § 40-35-110 , which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114 . Cross-References. Confidential records, § 10-7-504 . Penalty for Class A misdemeanor, § 40-35-111 . Unfair insurance practices, title 56, ch. 8, part 1. Comparative Legislation. Disclosure by mortgagee: Ala. Code § 27-12-15 . Ga. O.C.G.A. § 33-10-16 . Ky. Rev. Stat. Ann. § 304.23-010 et seq. Miss. Code Ann. §§ 83-13-7 , 83-13-9 and 83-13-10 . Mo. Rev. Stat. § 375.937. N.C. Gen. Stat. § 122A-1 et seq.