(a) At any time a policyholder files a property claim under a personal lines fire or homeowners insurance policy for structural damage with an estimated value at or above twenty thousand dollars ($20,000), the insurer shall provide the policyholder with a written statement setting forth certain basic rights to which the policyholder is entitled under the policyholder’s policy.
Terms Used In Tennessee Code 56-7-125
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
insurance company: includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance. See Tennessee Code 56-1-102
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
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) At a minimum, the written statement required by subsection (a) shall advise policyholders of their rights to:
(1) Receive quality repair work to restore the damages to the policyholders’ property;(2) Have the repairs made by a contractor of the policyholders’ choice, understanding that the contractor is hired by the policyholder and that this contractor does not work for or at the direction of the insurance company;(3) Receive a copy of the insurance policy free of charge upon request;(4) Be informed of the need to file a proof of loss, if required;(5) Receive the name, phone number, and address of the claim representative handling the loss;(6) Receive a detailed estimate of the scope of damage and costs of repairs. Should the contractor selected by the policyholder have questions concerning the insurance company’s estimate, the policyholder or the policyholder’s contractor should contact the policyholder’s claim representative directly;(7) File supplemental claims as the need arises; and(8) File a complaint with the department by calling the policyholder service section at 1-800-342-4029, if the policyholder is unable to work out an agreement after speaking with the policyholder’s claim representative, agent, and the company.(c) The written statement required by this section shall also inform the policyholder that the requirements of this section do not amend or replace any part of the policyholder’s insurance policy and that the policyholder should carefully read and examine the policyholder’s insurance policy, including all policy coverages, conditions, exclusions and rights.(d) Any insurer that fails to comply with this section shall be subject to the unfair claims settlement practice provisions under § 56-8-104(8) [repealed].
