Section 0780-01-90-.04 - DEFINITIONS(1) "Commissioner" means the Commissioner of Commerce and Insurance;(2) "Crop" means and includes any agricultural product, including livestock, nursery product, tree and product from a tree, as well as anything insured by the Federal Crop Insurance Corporation under a crop insurance program;(3)(a) "Crop insurance adjuster" means any person, who, for compensation or any other thing of value, does any of the following:(i) Acts or aids in investigating, verifying, substantiating, estimating, appraising, determining, presenting, and discussing the value of the claim, and/or effectuating the resolution of a claim for loss or damage covered by an insurance contract that insures crops;(ii) Advertises for employment as an adjuster of claims arising under insurance contracts that insure crops or solicits business or represents to the public to be a crop insurance adjuster of insurance claims, for losses or damages arising out of policies of insurance that insure crops; or(iii) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about claims for losses or damages arising out of policies of insurance that insure crops, when doing any of the foregoing for or on behalf of another person engaged in the business of adjusting losses or damages covered by an insurance policy that insures crops, for the insured.(b) Nothing in this Chapter shall: (i) Authorize any crop insurance adjuster or person operating at the direction of a crop insurance adjuster to engage in conduct that constitutes the "practice of law" or "law business" as defined in title 23, chapter 3 or under the rules of the Tennessee Supreme Court; or(ii) Affect or alter, in any way, the contractual obligations of an insured to its insurance company and the duty of good faith each owes the other;(4) "Department" means the Department of Commerce and Insurance;(5) "NAIC" means the National Association of Insurance Commissioners;(6) "Person" means a natural person; and,(7) "Risk Management Agency" means that agency of the United States Department of Agriculture acting on behalf of the Federal Crop Insurance Corporation to administer federal crop insurance programs.Tenn. Comp. R. & Regs. 0780-01-90-.04
Emergency rule filed January 29, 2010; effective through July 28, 2010. Emergency rule filed January 29 expired effective July 29, 2010; rule reverted to its reserved status. Original rule filed June 16, 2010; effective September 14, 2010.Authority: 2009 Public Acts, Chapter 476 and T.C.A. §§ 56-2-301 and 56-6-1001 et seq.