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Tennessee Code Title 56. Insurance § 56-43-103

Current as of January 02, 2024 | Updated by Findlaw Staff

As used in this chapter, unless the context otherwise requires:

(1) “Commissioner” means the commissioner of commerce and insurance;

(2) “Contractual obligation” in subdivision (4)(A) includes any arrangement in which those persons for whom services are to be provided under the arrangement have reasonable expectations of enforceable rights;

(3) “Insurer” means any person who obtains a certificate of authority under this chapter;

(4)(A) “Legal insurance” means the assumption of a contractual obligation to provide specified legal services or reimbursement for legal expenses in consideration of a specified payment for an interval of time, regardless of whether the payment is made by the beneficiaries individually or by a third person for them, in such a manner that the total cost incurred by assuming the obligation is to be spread directly or indirectly among a group of persons;

(B) “Legal insurance” does not include the provision of or reimbursement for legal services incidental to other insurance coverages; and

(C) The following are not considered “legal insurance” under the insurance laws of this state:

(i) Retainer contracts and contingent fee contracts made with individual clients with the fees based on estimates of the nature and amount of services that will be provided to the specific client and similar contracts made with a group of clients involved in the same or closely related legal matters, such as class actions;

(ii) Legal services provided by unions or employee associations to their members in matters relating to employment or occupation;

(iii) Legal services provided by an agency of the federal or state government or subdivision thereof to its employees;

(iv) Services of a lawyer referral service operated, sponsored or approved by a bar association representative of the general bar of the geographical area in which the association exists; or

(v) A plan entered into by a person and an intermediary organization as defined by, and that is registered in compliance with, the rules of the Tennessee Supreme Court whereby:

(a) The person pays a fee and is eligible to receive legal services specified in the plan;

(b) The intermediary organization contracts with a licensed attorney or a law firm that includes one (1) or more attorneys licensed to practice law in this state, where the attorney or law firm agrees to provide, or facilitate arrangements with other licensed attorneys to provide, the legal services specified in the plan; and

(c) The intermediary organization does not assume any risk or obligation to pay or reimburse for the cost of the legal services specified in the plan, and the payment of a fixed administrative fee from the intermediary organization to the attorney or law firm is not considered payment or reimbursement for the legal services specified in the plan; and

(5) “Person” means any natural or artificial person including, but not limited to, an individual, partnership, association, trust or corporation.

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Cite this article: FindLaw.com - Tennessee Code Title 56. Insurance § 56-43-103 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-56-insurance/tn-code-sect-56-43-103/

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