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Tenn. Code Ann. § 56-7-102

Policies to contain entire contract — Exceptions — Construed as Tennessee contracts — Rules of construction — Duty to defend — Determination of obligations

Known as the Tennessee Insurance Law

The act spans §§ 56–56 (1,220 sections).

Applied in 5 court decisions — leading case Cotton v. Commodore Express, Inc. (2006)

Most recently applied in First National Bank v. Simerlein (In re Simerlein) (August 2013)

Acts 1907, ch. 441, § 1; Shan., § 3275a1; mod

How often courts cite this section

20062010201320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Every policy of insurance, issued to or for the benefit of any citizen or resident of this state on or after July 1, 1907, by any insurance company or association doing business in this state, except fraternal beneficiary associations and mutual insurance companies or associations operating on the assessment plan, or policies of industrial insurance, shall contain the entire contract of insurance between the parties to the contract, and every contract so issued shall be held as made in this state and construed solely according to the laws of this state.

(2) A policy of insurance is a contract and the rules of construction used to interpret a policy of insurance are the same as any other contract.

(3) A policy of insurance must be interpreted fairly and reasonably, giving the language of the policy of insurance its ordinary meaning.

(4) A policy of insurance must be construed reasonably and logically as a whole.

(5) An insurance company's duty to defend depends solely on the allegations contained in the underlying complaint describing acts or events covered by the policy of insurance. This subsection (e) does not impose a duty to defend on an insurance company that has no duty to defend pursuant to this title or that has an express exclusion of the duty to defend in the policy of insurance.

(6) An insurance company may determine its obligations under a policy of insurance as to any and all parties or claimants through a declaratory judgment action, an interpleader claim or action, or both. The filing of such action or claim creates a rebuttable presumption the insurance company is acting in good faith when making a determination of its obligations under a policy of insurance.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.