Section 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)

ase 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.Added by 2014 Tenn. Acts, ch. 975,s 1, eff. 7/1/2014.