2016 Tennessee Code
Title 56 - Insurance
Chapter 7 - Policies and Policyholders
Part 1 - General Provisions
§ 56-7-113. Inquiry by homeowner's insurance policyholder not grounds for premium increase or cancellation of policy -- Communications necessitating investigation -- Violation constitutes unfair trade practice.

(a) For purposes of this section:

(1) "Cancel" means to terminate a homeowner's insurance policy prior to the expiration of the policy period;

(2) "Claim":

(A) Means an oral, written, or electronic submission for payment filed by an insured, on behalf of the insured, or by a third party whereby an insurance company accepts the submission for payment in accordance with the insurance company's reasonable submission standards; and

(B) Does not mean an inquiry by an insured or by an insurance producer on behalf of an insured;

(3) "Inquiry" means any communication to an insurance company by an insured, or by an insurance producer on behalf of an insured, regarding general terms and conditions of a homeowner's insurance policy, including a communication concerning whether a homeowner's insurance policy provides coverage for a type of event or the process for filing a claim; and

(4) "Insurance company" has the same meaning as defined in § 56-1-102.

(b) No insurance company shall increase a premium or cancel a homeowner's insurance policy solely on the basis of an inquiry or inquiries by an insured regarding the insured's homeowner's insurance policy or a loss under the policy.

(c) Notwithstanding the foregoing, if a communication by an insured to an insurance company necessitates an investigation by the insurance company which results in a written finding that there has been a change in a known condition or use of the premises or a fraudulent act by the consumer, then the insurance company may consider the communication to be either a claim or an inquiry.

(d) A violation of this section shall be considered an unfair trade practice under the Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009, compiled in chapter 8, part 1 of this title.