Tennessee Code Annotated
Tenn. Code Ann. § 56-9-104 (2026)
Delinquency proceeding - Commencement - Jurisdiction
✓ current as of May 2026
- (a) No delinquency proceeding shall be commenced under this chapter by anyone other than the commissioner and no court has jurisdiction to entertain, hear or determine any proceeding commenced by any other person.
- (b) No court of this state has jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to the proceedings other than in accordance with this chapter.
- (c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Tennessee Rules of Civil Procedure or other applicable law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state if:
- (1) The person served is an agent, broker or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
- (2) The person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;
- (3) The person served is or has been an officer, director, manager, trustee, organizer, promoter or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
- (4) The person served is, or was at the time of the institution of the delinquency proceeding against the insurer, holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or
- (5) The person served is obligated to the insurer in any way whatsoever, in any action on, or incident to, the obligation.
- (d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
- (e) All actions authorized in this section shall be brought in the chancery court of Davidson County.
Acts 1991, ch. 142, § 4.
Notes of Decisions
Cited in 6
cases, 1996–2015 · leading case: In Re Med. Care Mgmt. Co., 361 B.R. 863 (Bankr. M.D. Tenn. 2003).
In Re Med. Care Mgmt. Co., 361 B.R. 863 (Bankr. M.D. Tenn. 2003). “T.C.A. § 56-9-104(e). As in many of the cases above, the Act provides further that after an order of liquidation, “no action at law or equity or in arbitration shall be brought against the insurer or liquidator .”
Ito v. Investors Equity Life Holding Co.., 346 P.3d 118 (Haw. 2015). “§ 38-27-60(3)(b); Tenn.Code Ann. § 56-9-104(b); Vt. Stat. Ann.”
St. John Med. Ctr. v. Dep't of Soc. & Health Servs., 110 Wash. App. 51 (Wash. Ct. App. 2002). “); Tenn. Code Ann. § 56-9-104 (b); Vt. Stat.”
Bryant v. Shields, Britton & Fraser, 930 S.W.2d 836 (Tex. App. 1996). “See Tenn.Code Ann. § 56-9-104(b) (1994). The fact that some parts of the order may be subject to modification does not affect the finality of other parts of the same order.”
State Ex Rel. Sizemore v. Sur. Bank, 200 F.3d 373 (5th Cir. 2000). “Tenn.Code Ann. § 56-9-104(b). Although Section 402 of Title 56 permits the Chancery Court to “issue an order to liquidate in whatever terms it deems appropriate” if “it appears to the court that the best interests of creditors, policyholders and the public so require,” Section…”
Leslie Newman, Comm'r of the Tennessee Dep't of Com. & Ins. v. Smart Data Solutions, LLC (Tenn. Ct. App. 2011). “The Act authorizes proceedings against the entities specified at Tenn. Code Ann. § 56-9-102 , including “insurers” as defined at Tenn.”
— Tenn. Code Ann. § 56-9-104(b) — 3 cases
Ito v. Investors Equity Life Holding Co.., 346 P.3d 118 (Haw. 2015). “§ 38-27-60(3)(b); Tenn.Code Ann. § 56-9-104(b); Vt. Stat. Ann.”
Bryant v. Shields, Britton & Fraser, 930 S.W.2d 836 (Tex. App. 1996). “See Tenn.Code Ann. § 56-9-104(b) (1994). The fact that some parts of the order may be subject to modification does not affect the finality of other parts of the same order.”
State Ex Rel. Sizemore v. Sur. Bank, 200 F.3d 373 (5th Cir. 2000). “Tenn.Code Ann. § 56-9-104(b). Although Section 402 of Title 56 permits the Chancery Court to “issue an order to liquidate in whatever terms it deems appropriate” if “it appears to the court that the best interests of creditors, policyholders and the public so require,” Section…”
— Tenn. Code Ann. § 56-9-104(e) — 1 case
In Re Med. Care Mgmt. Co., 361 B.R. 863 (Bankr. M.D. Tenn. 2003). “T.C.A. § 56-9-104(e). As in many of the cases above, the Act provides further that after an order of liquidation, “no action at law or equity or in arbitration shall be brought against the insurer or liquidator .”
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