Tennessee Resources

The NHSCA sponsored SB 1569 with the Tennessee Legislature in the Spring of 2011. This is the NHSCA model exemption bill. We did this because there were various Attorney General Opinions in Tennessee [notably, AG Op. No 10-85] causing some concern both within and outside the Department of Insurance as well as some disturbing analysis in case law [H&R Block Eastern Tax Services v. State, 267 SW 3d 848 (2008). It is now clear by statute that home service contracts are not insurance in Tennessee.

The definition law is set forth below.

One can access the entire Tennesse Code by CLICKING HERE

Title 56  Insurance
Chapter 2  Insurance Companies
Part 1  General Requirements for Doing Business
Tenn. Code Ann. § 56-2-126  (2012)
56-2-126.  Service contracts not to be construed as business of insurance.

(a) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract shall not be construed to be the business of insurance and shall be exempt from regulation as insurance pursuant to this title.

(b) For purposes of this section, "service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the service, repair, replacement or maintenance of property or indemnification for service, repair, replacement or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, road hazard and emergency road service. "Service contract" includes motor vehicle extended service contracts and agreements. Service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling.

HISTORY: Acts 2011, ch. 71, § 1.

 

None at this time

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