Tennessee § 56-43-104 - Certificate of authority — Required — Application.

§ 56-43-104. Certificate of authority — Required — Application.

No person may transact the business of legal insurance in this state without first obtaining a certificate of authority: Under this chapter; or Under the general laws pertaining to insurance. Any person may apply to the commissioner for, and obtain, a certificate of authority to transact the business of legal insurance in compliance with this chapter. This section does not by itself enlarge the powers of any corporation given by its articles of incorporation or charter, but does authorize a corporation formed under the general business, insurance or general nonprofit corporation laws of this state to include in its powers the authority to transact legal insurance. Any application shall be in a form prescribed by the commissioner. If the applicant is not domiciled in this state, the application must be accompanied by a power of attorney duly executed by the applicant appointing the commissioner, and duly authorized deputies, as the true and lawful attorneys of the applicant in and for this state, upon whom all lawful process in any legal action or proceeding against the applicant on a cause of action arising in this state may be served. This chapter does not apply to any person issuing group, blanket or franchise policies if fewer than ten percent (10%) of the certificate holders or insureds reside in this state and the person is regulated to a comparable extent by another state in which a larger number of certificate holders or insureds reside. Acts 1989, ch. 423, § 3. Compiler's Notes. Acts 1989, ch. 423, § 23 provides that any person transacting the business of legal insurance as of January 1, 1990, shall submit an application for a certificate of authority under this section within 90 days of January 1, 1990, and that applicant may continue to operate until the commissioner acts upon the application. In the event the application is denied under § 56-43-105 , the applicant shall be treated as a legal insurer whose certificate of authority has been revoked.