Tennessee Code Annotated
Tenn. Code Ann. § 56-8-113 (2026)
Remedies and sanctions for breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance
✓ current as of May 2026
Notwithstanding any other law, title 50 and this title shall provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do business under this title for alleged breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance as such term is defined in § 56-7-101(a). Nothing in this section shall be construed to eliminate or otherwise affect any:
- (1) Remedy, cause of action, right to relief or sanction available under common law;
- (2) Right to declaratory, injunctive or equitable relief, whether provided under title 29 or the Tennessee Rules of Civil Procedure; or
- (3) Statutory remedy, cause of action, right to relief or sanction referenced in title 50 or this title.
Acts 2011, ch. 130, § 1.
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 2013–2025 · leading case: Tamarin Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018).
Tamarin Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018). “Page 33 by enacting Tenn. Code Ann. § 56-8-113 . That provision states that “title 50 and [title 56],” which include the bad faith statute, “shall provide the sole and exclusive statutory remedies and sanctions applicable to an insurer.”
John Riad v. Erie Ins. Exch., 436 S.W.3d 256 (Tenn. Ct. App. 2013). “130 § 1 (codified at Tenn.Code Ann. § 56-8-113). 3 See also Leverette v.”
Northend Investors, LLC v. S. Trust Ins. Co., 256 F. Supp. 3d 781 (W.D. Tenn. 2017). “Tenn. Code Ann. § 56-8-113 . Defendant argues that these two statutes preclude Plaintiff from recovering any punitive damages' beyond the twenty-five percent penalty explicitly provided by the bad-faith statute.”
McKinnie v. State Farm Fire & Cas. Co., 298 F. Supp. 3d 1138 (M.D. Tenn. 2018). “Tenn. Code Ann. § 56-8-113 . "The passage of this statute eliminated the availability of treble damages under the TCPA [Tennessee Consumer Protection Act] in a breach-of-insurance-contract action arising after April 29, 2011.”
Montesi v. Nationwide Mut. Ins., 970 F. Supp. 2d 784 (W.D. Tenn. 2013). “§ 56-8-113 (2011). The historical notes accompanying the amendment provide “[t]his act shall take effect upon becoming law, the public welfare requiring it, and shall apply to any cause of action accruing on or after such date.”
Imperial Park, LLC v. Penn-Star Ins., 133 F. Supp. 3d 1003 (M.D. Tenn. 2015). “” Tenn.Code Ann. § 56-8-113. Given that the court agrees with the defendants that ReRun cannot recover under the insurance policy in the first place, ReRun similarly cannot assert a TCPA claim as an insured party or beneficiary.”
Brewer Body Shop, LLC v. State Farm Mut. Auto. Ins., 101 F. Supp. 3d 1256 (M.D. Fla. 2015). “28, 2013), in which the court found that Tenn.Code § 56-8-113 barred an auto shop’s TCPA claim against an insurer.”
Upchurch v. Mut. of Omaha Ins. Co. (E.D. Tenn. 2020). “§ 47-18-109, against Mutual of Omaha in light of Tenn. Code Ann. § 56-8-113 . Plaintiff shall file a response by October 19, 2020.”
Judy Lance d/b/a J & B Disc. v. Owner's Ins. Co. (Tenn. Ct. App. 2016). “Defendant asserts that the trial court erred in allowing the jury to consider the TCPA claim following the General Assembly‟s enactment of Tennessee Code Annotated section 56-8-113, which specifically prohibits private causes of action in cases involving insurance claims.”
Jones v. State Farm Fire & Cas. Ins. Co. (W.D. Tenn. 2023). “) They cite Tenn. Code Ann. § 56-8-113 in support, which states: Notwithstanding any other law, title 50 and this title shall provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do…”
Day (M.D. Tenn. 2025). “TCPA Claim State Farm argues that Day’s TCPA “cause of action [is] improper and untenable as a matter of law” because “Tenn. Code Ann. § 56-8-113 is the exclusive remedy for issues regarding insurance claims in Tennessee.”
Thomas v. Allstate Ins. Co. (W.D. Tenn. 2021). “” Tenn. Code Ann. § 56-8-113 . The historical notes for this amendment indicate that this provision “shall apply to any cause of action accruing on or after” April 29, 2011.”
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