Tennessee Code Annotated
Tenn. Code Ann. § 26-2-110 (2026)
Insurance benefits exempt
✓ current as of May 2026
- (a) There shall be exempt from the claims of all creditors, and from execution, attachment, or garnishment, any sum or sums of money which may hereafter become due and payable to any person, who is a resident and citizen of this state, from any insurance company or other insurer, under the terms and provisions of any contracts of accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease.
- (b) In the event of the death of any such person so insured as set out in subsection (a), any sum or sums of money so due and payable at the time of the death of the insured shall likewise be exempt from the claims of all creditors and from execution, attachment or garnishment, in the same manner as provided in §§ 56-7-201, 56-7-203.
- (c) As regards those cases where disability may have begun prior to May 21, 1937, the exemptions granted in subsections (a) and (b) shall apply to installment payments under such contract or contracts of insurance which may become due and payable for such weekly, monthly or other installment term (as determined by the contract of insurance) as may have commenced on or after such date.
Acts 1978, ch. 915, §§ 15-17; T.C.A., §§ 26-214 -- 26-216.
Notes of Decisions
Cited in 10
cases, 1984–2014 · leading case: In re Reeves, 521 B.R. 827 (Bankr. E.D. Tenn. 2014).
In re Reeves, 521 B.R. 827 (Bankr. E.D. Tenn. 2014). “4003(b)(1)? For the following reasons, the Trustee’s objections will be overruled except as to the amount that may be exempted by the Debtors under Tenn.Code Ann. § 26-2-110. This is a core proceeding.”
In Re Peeler, 37 B.R. 517 (Bankr. M.D. Tenn. 1984). “The debtor elected the state exemptions 1 on Schedule B^4 and claimed the IRA exempt pursuant to T.C.A. § 26-2-110. 2 The trustee filed an objection to the exemption on August 31, 1983.”
In Re Thompkins, 263 B.R. 223 (Bankr. W.D. Tenn. 2001). “The issue is whether Tennessee residents may claim exemption in uninsured motorist benefits, under Tenn. Code Ann. § 26-2-110 , that are paid as a result of a personal injury, even though those benefits exceed the separate $7,500 maximum for personal bodily injury exemption…”
In Re Minor, 177 B.R. 576 (Bankr. E.D. Tenn. 1995). “§ 26-2-106 (1980); exclude accident, health, or disability insurance benefits presently exempt under *582 Tenn.Code Ann. § 26-2-110 (1980); or exclude items of income such as social security benefits, unemployment compensation, local public assistance benefits, and veterans’…”
In Re Portal, 45 P.3d 891 (N.M. 2002). “Tenn.Code Ann. § 26-2-110(a) (1980). The court concluded that uninsured motorist insurance was “accident” insurance, as viewed from the perspective of the insured victim, of which the insureds were the “beneficiaries.”
In Re Lawrence, 205 B.R. 115 (Bankr. E.D. Tenn. 1997). “” Tenn.Code Ann. § 26-2-110. The garnishment statute, on the other hand, seems to do something else.”
In Re Smith, 242 B.R. 427 (Bankr. E.D. Tenn. 1999). “00 exemption in the property under Tenn.Code Ann. § 26-2-110(a) (1980). 1 The Trustee objected to the exemption, and the court entered an Order Sustaining Objection to Exemption Claim on June 28, 1999.”
In Re Crowell, 53 B.R. 555 (Bankr. M.D. Tenn. 1985). “§ 26-2-110 (1980), a debtor may exempt insurance proceeds which compensate for losses by reason of accidental personal injuries or physical disabilities.”
In Re: Est. of Clendenon (Tenn. Ct. App. 2013). “Whether the trial court erred in exempting estate assets from payment to creditors pursuant to Tenn. Code Ann. § 26-2-110 when the statute does not pertain to estate administration but to post-judgment execution and garnishment.”
Patricia Ann Gho Massey v. Gregory Joel Casals (Tenn. Ct. App. 2011). “This exemption is in addition to the personal property exemptions afforded by sections 26-2-103 and 104; the disposable earnings exemption provided by section 26-2-106; the exemptions for dependent children provided by section 26-2-107; and the insurance benefits exemption…”
— Tenn. Code Ann. § 26-2-110(a) — 4 cases
In re Reeves, 521 B.R. 827 (Bankr. E.D. Tenn. 2014). “4003(b)(1)? For the following reasons, the Trustee’s objections will be overruled except as to the amount that may be exempted by the Debtors under Tenn.Code Ann. § 26-2-110. This is a core proceeding.”
In Re Portal, 45 P.3d 891 (N.M. 2002). “Tenn.Code Ann. § 26-2-110(a) (1980). The court concluded that uninsured motorist insurance was “accident” insurance, as viewed from the perspective of the insured victim, of which the insureds were the “beneficiaries.”
In Re Smith, 242 B.R. 427 (Bankr. E.D. Tenn. 1999). “00 exemption in the property under Tenn.Code Ann. § 26-2-110(a) (1980). 1 The Trustee objected to the exemption, and the court entered an Order Sustaining Objection to Exemption Claim on June 28, 1999.”
In Re Thompkins, 263 B.R. 223 (Bankr. W.D. Tenn. 2001). “The issue is whether Tennessee residents may claim exemption in uninsured motorist benefits, under Tenn. Code Ann. § 26-2-110 , that are paid as a result of a personal injury, even though those benefits exceed the separate $7,500 maximum for personal bodily injury exemption…”
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