Terms Used In Tennessee Code > Title 34 > Chapter 8 > Part 2 - Jurisdiction

• Adjusted RBC Report: means an RBC report that has been adjusted by the commissioner in accordance with §. See Tennessee Code 56-46-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized Control Level RBC: means the number determined under the risk-based capital formula in accordance with the RBC Instructions. See Tennessee Code 56-46-201
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of commerce and insurance or the commissioner, director or superintendent of insurance in any other state. See Tennessee Code 56-45-102
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-1-102
• Company Action Level RBC: means , with respect to any insurer, the product of 2. See Tennessee Code 56-46-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Corrective order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See Tennessee Code 56-46-102
• Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Tennessee Code 56-46-201
• Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
• Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Domestic health organization: means a health organization domiciled in this state. See Tennessee Code 56-46-201
• Domestic insurer: means any insurance company domiciled in Tennessee. See Tennessee Code 56-46-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Foreign: when used without limitation, includes all companies formed by authority of any other state or government. See Tennessee Code 56-1-102
• Foreign health organization: means a health organization that is licensed to do business in this state under chapters 27, 28, 30, 31, 32 and 51 of this title but is not domiciled in this state. See Tennessee Code 56-46-201
• Foreign insurer: means any insurance company that is licensed to do business in Tennessee under this title but is not domiciled in Tennessee. See Tennessee Code 56-46-102
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health organization: means a health maintenance organization, limited health service organization, dental or vision plan, hospital, medical and dental indemnity or service corporation, or other managed care organization licensed pursuant to chapters 27, 28, 30, 31, 32 and 51 of this title. See Tennessee Code 56-46-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance and any other arrangement for shifting and distributing risk that is determined to be insurance under the laws of this state. See Tennessee Code 56-45-102
• Insurance policy: means the written instrument in which are set forth the terms of any binder of coverage or contract of insurance, including a binder or contract issued by a state-assigned risk plan, or other forms of workers' compensation insurance. See Tennessee Code 56-47-102
• Insurance professional: means sales agents, managing general agents, brokers, producers, adjusters and third party administrators. See Tennessee Code 56-47-102
• Insurance transaction: means a transaction by, between or among an:
  (A) Insurer or a person who acts on behalf of an insurer. See Tennessee Code 56-47-102
• Insurer: means any person purporting to engage in the business of insurance or authorized to do business in this state or subject to regulation by the state, who undertakes to indemnify another against loss, damage or liability arising from a contingent or unknown event related to causes arising under title 50, chapter 6. See Tennessee Code 56-47-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mandatory Control Level RBC: means the product of 0. See Tennessee Code 56-46-102
• Mandatory Control Level RBC: means the product of 0. See Tennessee Code 56-46-201
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-46-102
• NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-46-201
• Negative trend: means , with respect to a life and/or health insurer, negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the RBC Instructions. See Tennessee Code 56-46-102
• 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.
• Pattern or practice: means repeated, routine or generalized in nature, and not merely isolated or sporadic. See Tennessee Code 56-47-102
• Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
• Person: means a natural person, company, corporation, unincorporated association, partnership, professional corporation, agency of government or any other entity. See Tennessee Code 56-47-102
• Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
• Practitioner: means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic or law or any other licensee of state or person required to be licensed in this state whose services are compensated either in whole or in part, directly or indirectly, by insurance proceeds. See Tennessee Code 56-47-102
• Premium: includes any payments, whether due within the insurance policy term or otherwise, and deductible payments whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, any self-insured retention or payments, whether advanced by the insurer or insurance professionals and subject to reimbursement by the insured or otherwise, and any collateral or security to be provided to collateralize obligations to pay any of the above. See Tennessee Code 56-47-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Property and casualty insurer: means any insurance company licensed in those lines in Tennessee, but does not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Tennessee Code 56-46-102
• Purchasing group: means any group that:
  (A) Has as one (1) of its purposes the purchase of liability insurance on a group basis. See Tennessee Code 56-45-102
• RBC Instructions: means the RBC Report including risk-based capital instructions adopted by the NAIC, as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Tennessee Code 56-46-102
• RBC instructions: means the RBC report including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Tennessee Code 56-46-201
• RBC Plan: means a comprehensive financial plan containing the elements specified in §. See Tennessee Code 56-46-102
• RBC plan: means a comprehensive financial plan containing the elements specified in §. See Tennessee Code 56-46-201
• RBC Report: means the report required in §. See Tennessee Code 56-46-102
• RBC report: means the report required in §. See Tennessee Code 56-46-201
• Reckless: means without reasonable belief of the truth, or, for the purposes of §. See Tennessee Code 56-47-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Regulatory Action Level RBC: means the product of 1. See Tennessee Code 56-46-102
• Regulatory Action Level RBC: means the product of 1. See Tennessee Code 56-46-201
• Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
• Risk retention group: means any corporation or other limited liability association:
  (A) Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members. See Tennessee Code 56-45-102
• 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
• State: means any state of the United States or the District of Columbia. See Tennessee Code 56-45-102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Total adjusted capital: means the sum of:
  (A) An insurer's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed pursuant to §. See Tennessee Code 56-46-102
• Total adjusted capital: means the sum of:
  (A) A health organization's statutory capital and surplus, also known as net worth, as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under §. See Tennessee Code 56-46-201
• Trend Test Calculation: include d in the RBC Instructions. See Tennessee Code 56-46-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105