Tennessee § 56-5-106 - Filing by commercial risk insurers.

§ 56-5-106. Filing by commercial risk insurers.

Except as provided in subsections (b), (c), and (d), every insurer of commercial risk insurance shall file with the commissioner all rates, supplementary rate information, policy forms and endorsements, not later than fifteen (15) days after the effective date; provided, that the rates, supplementary rate information, policy forms and endorsements need not be filed for inland marine risks that by general custom of the business are not written according to manual rules of rating plans. Upon request of the commissioner, supporting information shall also be filed. The commissioner may, after a hearing providing not less than twenty (20) days' written notice to the insurer, disapprove any policy form or endorsement already in effect if it does not comply with the law or with rules adopted pursuant to this part or if it contains any provision that is unfair, deceptive or misleading. The disapproval order shall specify the reasons for the commissioner's findings and the date, not less than thirty (30) days after issuance of the order, when the disapproval is effective, and it shall thereafter be unlawful for the insurer to use the form or endorsement in this state. The following insurance coverages are exempt from filing requirements with respect to rates, supplementary rate information, policy forms, and endorsements, where applicable under this chapter, whether the insurance coverage is endorsed to or sold as a stand-alone policy: Boiler and machinery; Environmental impairment or pollution liability; Kidnap and ransom; Political risk or expropriation; Employment practices liability; Media liability; and Product liability, product recall, and completed operations. The exemption from filing requirements in this subsection (b) does not affect any other requirements of this title, including those applicable to cancellation of commercial insurance policies. The insurer shall deliver to the insured and the producer of record a copy of a policy issued pursuant to this subsection (b). The policy may be delivered to the applicant or policyholder electronically and must contain a disclaimer in language the same as or substantially similar to the following: The rate provided for in this policy and all forms utilized are exempt from the filing requirements of Tenn. Code Ann. § 56-5-106 . With respect to workers' compensation insurance, a rate service organization designated by one (1) or more insurers shall develop and file for approval with the commissioner in accordance with this section, a filing on behalf of authorized insurers containing advisory prospective loss costs and supporting actuarial and statistical data for workers' compensation insurance, including loss adjustment expenses. An advisory prospective loss costs filing shall become effective only when approved pursuant to § 50-6-402. Each workers' compensation insurer, or group of insurers under common ownership, shall individually file with the commissioner the multiplier and supporting information not later than fifteen (15) days after the effective date, and at least annually thereafter on March 1. Multipliers shall apply to the most recently approved, currently effective advisory prospective loss cost. All multipliers filed pursuant to subsection (d) shall be actuarially justified and shall be certified by a member in good standing of the Casualty Actuarial Society. Acts 1983, ch. 66, § 7; 1996, ch. 944, § 36; 1997, ch. 533, § 10; 1998, ch. 1024, § 17; 2001, ch. 192, §§ 3, 5, 15; 2015, ch. 188, § 2; T.C.A. § 56-5-306 ; Acts 2018, ch. 996, §§ 1, 2. Code Commission Notes. This section was renumbered from § 56-5-306 to § 56-5-106 by authority of the Code Commission in 2016. Compiler's Notes. Acts 1996, ch. 944, § 42 provided that nothing in §§ 28-41 of that act shall apply to pooling agreements described in § 50-6-405(c) . Acts 1996, ch. 944, § 43(a), as amended by Acts 2001, ch. 192, § 2(a), provided that §§ 31-42 of the act are repealed, effective July 1, 2007, and that the affected sections of titles 50 and 56 shall be revived and reenacted in their prior versions on that date. Acts 2007, ch. 359, §§ 1 and 2 provided that the provisions of Acts 1996, ch. 944, § 43(a) and Acts 2001, ch. 192, § 2(a) are deleted effective June 5, 2007. Amendments. The 2018 amendment substituted “subsections (b), (c), and (d)” for “subsections (b) and (c)” in the first sentence of (a)(1); added present (b) and redesignated former (b) through (d) as present (c) through (e). Effective Dates. Acts 2018, ch. 996, § 6. May 21, 2018. Attorney General Opinions. Other fees and charges, OAG 94-033 (3/15/94).