Section 0780-01-05-.06 - MISREPRESENTATION OF POLICY PROVISIONS(1) No insurer shall fail to fully disclose, upon request, to first party claimants all pertinent benefits, coverages or other provisions of a policy or contract under which a claim is presented.(2) No producer shall misrepresent to named insureds benefits, coverages or other provisions of any insurance policy or insurance contract when such benefits, coverages or other provisions are pertinent to a claim.(3) A claim shall not be denied on the basis of failure to provide access to property unless provided for under the terms of the policy and documented in the claim file.(4) No insurer shall deny a claim based upon the failure of a first party claimant to give written notice of loss within a specified time limit unless the written notice is a written policy condition.(5) No insurer shall indicate to a first party claimant on a payment draft, check, or in any accompanying letter that said payment is "final" or "a release" of any claim unless the policy limit has been paid or there has been a compromise settlement agreed to by the first party claimant and the insurer as to coverage and amount payable under the contract.(6) No insurer shall issue checks or drafts in partial settlement of a loss or claim under a specific coverage that contains language purporting to release the insurer or its insured from total liability.Tenn. Comp. R. & Regs. 0780-01-05-.06
Original rules filed July 11, 2017; effective 10/9/2017.Authority: T.C.A. §§ 56-2-301, 56-8-101 through 56-8-120, 56-8-104, 56-8-105, 56-8-108, and 56-8-110.