Tennessee Code Annotated

Tenn. Code Ann. § 56-7-804 (2026)

Policies protecting trustees, mortgagees, assignees and like parties

✓ current as of May 2026

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When any person, as trustee, mortgagee, assignee, or otherwise, possesses or has any fire insurance policy on realty made payable to the person, or other person as that person's interest may appear, then the insurance as to the interest of the trustee, mortgagee, assignee or other person named in the policy shall not be invalidated by an act or neglect of the mortgagor owner of the property so insured, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by change in title or ownership of the property, nor by occupation of the premises for purposes more hazardous than are permitted by the policy; provided, that, in case the mortgagor or owner neglects to pay any premium due under the policy, the mortgagee, trustee, assignee, or other person shall on demand, pay the premium; and provided, further, that the mortgagee, trustee, assignee, or other person shall notify the insurance company of any change of ownership or occupancy or increase of hazard that comes to the knowledge of the mortgagee, trustee, assignee, or other person, and, unless permitted by the policy, it shall be noted on the policy, and the mortgagee, trustee, assignee, or other person shall, on demand, pay the premium for the increased hazard for the term of the use of the property, or otherwise the policy shall be null and void; and provided, further, that in the event the insurer concludes to cancel its policy under its terms, then ten (10) days' notice of the determination shall be given to the mortgagee, trustee, assignee, or other person so interested.

Acts 1925, ch. 123, § 1; Shan. Supp., § 3348a1b1; Code 1932, § 6175; T.C.A. (orig. ed.), § 56-1140.

Notes of Decisions

Cited in 8 cases, 1983–2013 · leading case: U.S. Bank, N.A. v. Tennessee Farmers Mut. Ins. Co., 277 S.W.3d 381 (Tenn. 2009).

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U.S. Bank, N.A. v. Tennessee Farmers Mut. Ins. Co., 277 S.W.3d 381 (Tenn. 2009). · cites it 35× “The Bank asserted in its complaint that Tennessee Code Annotated section 56-7-804 prohibited Tennessee Farmers from refusing to pay the Bank’s claim based on the occurrence of a foreclosure.”

U.S. Bank, N.A., as Servicer for the Tennessee Hous. Dev. Agency v. Tennessee Farmers Mut. Ins. Co., 410 S.W.3d 820 (Tenn. Ct. App. 2012). · cites it 10× “The Bank asserted in its complaint that Tennessee Code Annotated section 56-7-804 prohibited Tennessee Farmers from refusing to pay the Bank’s claim based on the occurrence of a foreclosure.”

First Nat'l Bank v. Simerlein (In re Simerlein), 497 B.R. 525 (Bankr. E.D. Tenn. 2013). · cites it 2× “18, 2002) (internal citations and quotation marks omitted); see also Tenn.Code Ann. § 56-7-804 (2008) (“When any person, as trustee, mortgagee, assignee, or otherwise, possesses or has any fire insurance policy on realty made payable to the person, or other person as that…”

First Tennessee Bank Nat'l Ass'n v. United States Fid. & Guar. Co., 829 S.W.2d 144 (Tenn. Ct. App. 1991). · cites it 2× “T.C.A. § 56-7-804 provides the following: When any person shall as .”

Citizens Tri-Cnty. Bank v. C.A. Georgia Mut. Ins. Co., 11 S.W.3d 120 (Tenn. Ct. App. 1999). · cites it 3× “If a mortgagee is named in this policy, any loss payable under coverage A or B would be paid to the mortgagee and_as interest_ T.C.A. § 56-7-804 (1925) provides in part as follows: Whenever any person shall .”

U.S. Bank, N.A., as Servicer for the Tennessee Hous. Dev. Agency v. Tennessee Farmenrs Mut. Ins. Co. (Tenn. Ct. App. 2007). · cites it 53× “The bank later filed a motion for partial summary judgment, asserting that T.C.A. § 56-7-804 indicated that the bank was not required to provide notice to the insurance company of foreclosure proceedings.”

Steinberg v. Morton (In Re Buchanan), 35 B.R. 842 (Bankr. E.D. Tenn. 1983). · cites it 2× “Defendants Talley and Phillips were not assured of Travelers’ liability pursuant to Tenn.Code Ann. § 56-7-804 (1980) (Policies protecting trustees, mortgagees, assignees and like parties) 15 when they instituted foreclosure.”

Reeves v. Granite State Ins. Co. (Tenn. Ct. App. 1999). · cites it 4× “ecent case involving the applicability of the doctrine of res judicata to subrogation claims against the insured by an insurer who had paid the loss payee, this Court noted: We begin our analysis with the observation that plaintiff [the insurer] was charged with the knowledge…”

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