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

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

Terms Used In Tennessee Code 56-43-103

  • Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-43-103
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural or artificial person including, but not limited to, an individual, partnership, association, trust or corporation. See Tennessee Code 56-43-103
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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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