56-14-106 - Procedure for effecting surplus lines contracts.
56-14-106. Procedure for effecting surplus lines contracts.
(a) Within thirty (30) days of the effective date of any new or renewal surplus lines contract, the surplus lines agent shall make an affidavit in the form prescribed by the commissioner, which shall be promptly filed with the commissioner, that the agent is, after diligent effort, unable to procure from a licensed insurer or insurers the full amount of insurance required to protect the interest of the insured.
(b) Upon placing a new or renewal surplus line coverage, the surplus lines agent shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, a certificate, cover note or other confirmation of insurance.
(c) No surplus lines agent shall deliver any such document, or purport to insure or represent that insurance will be or has been granted by any unauthorized insurer, unless the agent has prior written authority from the insurer for the insurance, or has received information from the insurer in the regular course of business that the insurance has been granted, or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured.
(d) If, after the delivery of the document, there is any change as to the identity of the insurers, or the proportion of the direct risk assumed by the insurer as stated in the original certificate, cover note or confirmation, or in any other material respect as to the insurance coverage evidenced by the document, the surplus lines agent shall promptly deliver to the insured a substitute certificate, cover note, confirmation or endorsement for the original document, accurately showing the current status of the coverage and the insurers responsible under the coverage. No such change shall result in a coverage or insurance contract that would be in violation of this chapter if originally issued on that basis.
(e) If a policy issued by the insurer is not available upon placement of the insurance and the surplus lines agent has delivered a certificate, cover note or confirmation upon request by the insured, the surplus lines agent shall as soon as reasonably possible procure from the insurer its policy evidencing the insurance and deliver the policy to the insured in replacement of the certificate, cover note or confirmation theretofore issued.
[Acts 1969, ch. 270, § 6; T.C.A., § 56-3806; Acts 2001, ch. 220, § 4.]