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Tenn. Code Ann. § 56-9-101

Short title — Liberal construction — Purpose

Known as the Insurers Rehabilitation and Liquidation Act

The act spans §§ 56–56 (71 sections).

Applied in 9 court decisions — leading case Bryant v. United Shortline Inc. Assurance Services, N.A. (1998)

Most recently applied in 386 N.J. Super. 41 - Aftab v. New Jersey Property-Liability Insurance Guaranty Ass'n (May 2006)

Acts 1991, ch. 142, § 4.

How often courts cite this section

19922000200620
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) This chapter shall be known and may be cited as the “Insurers Rehabilitation and Liquidation Act.”

(2) This chapter shall not be interpreted to limit the powers granted the commissioner by other provisions of the law.

(3) This chapter shall be liberally construed to effect the purpose stated in subsection (d).

(4) The purpose of this chapter is the protection of the interests of insureds, claimants, creditors and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through: Early detection of any potentially dangerous condition in an insurer, and prompt application of appropriate corrective measures;

(5) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;

(6) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;

(7) Equitable apportionment of any unavoidable loss;

(8) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process, and by extending the scope of personal jurisdiction over debtors of the insurer outside this state;

(9) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and

(10) Providing for a comprehensive scheme for the rehabilitation and liquidation of insurance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.

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.