§ 56-9-401 Application of commissioner to act as conservator of alien or foreign insurer – Grounds – Notice to insurer – Issuance of order by court – Termination of conservation
§ 56-9-402 Application by commissioner to liquidate assets of foreign or alien insurer – Grounds – Notice to insurer – Issuance of order by court – Receiver – Payment of claims after liquidation
§ 56-9-403 Title to insurer’s property – When title vests – Claims
§ 56-9-404 Ancillary receivers – Duties and powers
§ 56-9-405 Institution of proceedings by commissioner upon request from officials of other states
§ 56-9-406 Liquidation proceedings begun in Tennessee – Where claims filed and proved – Effect of ancillary proceedings
§ 56-9-407 Liquidation proceedings in reciprocal state against insurer domiciled therein – Where claims filed and proved
§ 56-9-408 Attachment, garnishment or levy of execution
§ 56-9-409 Liquidation in this state involving reciprocal state – Order of distribution – Priority among owners of special deposit claims – Owners of secure claims
§ 56-9-410 Ancillary receiver – Failure to transfer assets
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Terms Used In Tennessee Code > Title 56 > Chapter 9 > Part 4 - Interstate Relations

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-9-103
  • Creditor: is a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed or contingent. See Tennessee Code 56-9-103
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delinquency proceeding: means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing or conserving the insurer, and any summary proceeding under §. See Tennessee Code 56-9-103
  • Domiciliary state: means the state in which an insurer is incorporated or organized, or, in the case of an alien insurer, its state of entry. See Tennessee Code 56-9-103
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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 country: means any other jurisdiction not in any state. See Tennessee Code 56-9-103
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • general assets: includes all the property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. See Tennessee Code 56-9-103
  • insolvent: means :
    (A) For an insurer issuing only assessable fire insurance policies:
    (i) The inability to pay any obligation within thirty (30) days after it becomes payable. See Tennessee Code 56-9-103
  • Insurer: means any person who has done, purports to do, is doing or is licensed to do an insurance business, and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization, supervision, or conservation by, any insurance commissioner. See Tennessee Code 56-9-103
  • 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.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Receiver: means receiver, liquidator, rehabilitator or conservator as the context requires. See Tennessee Code 56-9-103
  • Reciprocal: means the aggregation of subscribers under a common name. See Tennessee Code 56-16-102
  • Reciprocal state: means any state other than this state in which in substance and effect §. See Tennessee Code 56-9-103
  • State: means any state, district or territory of the United States and the Panama Canal Zone. See Tennessee Code 56-9-103
  • Statute: A law passed by a legislature.
  • Transfer: includes the sale and every other and different mode, direct or indirect, of disposing of or of parting with property or with an interest therein, or with the possession thereof or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily, by or without judicial proceedings. See Tennessee Code 56-9-103
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105