Tennessee Code Annotated

Tenn. Code Ann. § 56-53-108 (2026)

Exclusivity of remedies

✓ current as of May 2026

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The remedies expressly provided in § 56-53-107 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-53-107 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for the same element of economic damage. Further, in any civil action pleading both exemplary damages and the treble damages available in § 56-53-107(c), the plaintiff shall elect one (1) or the other remedy, but not both, at the conclusion of the evidentiary phase of the trial; provided, that nothing in this chapter shall limit or abrogate any right of action that would have existed in the absence of this chapter, but no action based on such a right shall rely on this chapter to establish a standard of conduct or for any other purpose.

Acts 2001, ch. 356, § 9.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: UnitedHealthCare Servs., Inc. v. Team Health Holdings, Inc. (E.D. Tenn. 2022).

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UnitedHealthCare Servs., Inc. v. Team Health Holdings, Inc. (E.D. Tenn. 2022). · cites it 2× “Although Tennessee’s insurance scheme limits remedies for a private right of action, that limitation only applies to private actions under Tennessee’s insurance laws and only prevents courts from implying damages not explicitly allowed by Tennessee’s insurance laws for private…”

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