At a glance
Legal framework
Statute, and a narrow one. The whole first-party remedy is T.C.A. § 56-7-105, the bad-faith failure-to-pay penalty. Tennessee courts do not recognise a separate common-law bad-faith tort against an insurer for refusing a first-party claim. A common-law duty to settle within limits does survive on the third-party side, where an insurer that gambles with its insured’s money can be liable for the whole excess judgment (Johnson v. Tennessee Farmers Mutual, 2006).
Can you sue directly?
Yes, but only under § 56-7-105, brought with the breach-of-contract claim. The Unfair Trade Practices and Unfair Claims Settlement Act (Title 56, ch. 8) is enforced by the Commissioner — it gives you nothing to sue on. The Consumer Protection Act route, opened by Myint v. Allstate (1998), was closed by T.C.A. § 56-8-113.
Deadline
6 years to sue on the policy (§ 28-3-109(a)(3)); the § 56-7-105 penalty rides on that contract claim rather than having its own clock. But read your policy: Tennessee enforces the one-year suit-against-us clause that most property policies contain, and one year runs out fast when you also have to fit in a demand and a 60-day wait.
Before you file
Yes — and it is a hard requirement, not a formality. You must make a formal demand for payment on the policy, and then wait 60 days before filing before the penalty is available. Courts treat the demand and the 60 days as elements of the claim; miss either and the 25% goes away, even if the insurer behaved appallingly.
What you can recover

Damages available in Tennessee

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Insurance dispute attorneys — Tennessee

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How to find one yourself, free

Tennessee runs no statewide referral service. The TBA page points you to local bar schemes instead — Nashville 615-242-6546, Knoxville 865-522-7501, Chattanooga 423-756-3222, and a Memphis Bar Association directory. Tennessee certifies specialists only through ABA-accredited national boards — civil trial, civil pretrial practice, professional liability and others. There is no insurance-law specialty, so look for civil trial certification and a track record against carriers.

Before you sue

How often does your insurer actually pay?

Worth checking before you spend money on a lawyer. Two different measures exist, and they are not interchangeable — one is a real payment record, the other is a complaint count.

Health cover — real denial rates

Published, per insurer

Health insurers selling on the federal marketplace must report how many claims they received and how many they refused. The figures are public and free to inspect.

20%
Average denied, 2023
1%–54%
Range across 175 insurers

The spread is the point. Two insurers selling comparable cover in the same state can refuse wildly different shares of what they are billed for. Look your own up before you assume your refusal was routine.

Source: CMS Transparency in Coverage public use files, plan year 2023 experience. Self-reported by insurers and not audited. Covers federal-marketplace plans only — not employer cover, and not state-run marketplaces. Post-service claims only.

Home, auto & property

No payout rate is published

There is no free public figure showing what share of home or auto claims any named insurer pays. Insurers do report it to regulators, but in most states that filing is confidential. Any table you see online quoting payout percentages for property insurers is either a paid commercial product or an estimate.

What is public is the complaint index — how many confirmed complaints a company generates against its share of the market. 1.00 is average. 3.00 means three times the complaints its size would predict.

Complaint indexes are published by state insurance departments and compiled by the NAIC. Figures move with both the company’s complaints and the wider market’s.

These two numbers are not the same thing. A denial rate is the share of claims an insurer refused. A complaint index is how often customers complained relative to the company’s size. A low complaint index does not mean an insurer pays well, and a high one does not prove it refuses claims — it can reflect the kind of cover it sells or the customers it attracts. Neither figure says anything about whether your claim should have been paid.
The clock

What the insurer is required to do, and by when

By regulation (Rules 0780-01-05), the insurer must acknowledge your claim within 30 days and reply to other pertinent letters within 30 days; accept or deny liability within 60 days of receiving completed proofs of loss; and pay within 30 days of accepting, where the amount is not in dispute. If it needs longer it must write to you at 60 days and every 60 days after. These are regulator’s rules — breaking them gets the insurer in trouble with the Department, but does not by itself give you a lawsuit.

The thing most people miss

The bad-faith penalty may not apply to your car insurance at all. In Giles v. GEICO (2021) the Court of Appeals held § 56-7-105 does not reach automobile policies — including an underinsured-motorist claim — because the statute was written for policies that bear interest when due, like life and fire. The reasoning comes from Supreme Court cases decided in 1964 and 1974.

Unsettled: Two things are genuinely unsettled. First, punitive damages: the Sixth Circuit held in Lindenberg v. Jackson National (2018) that § 56-7-105 is not the exclusive extracontractual remedy and struck down Tennessee’s punitive-damages cap as violating the right to jury trial, but the Tennessee Supreme Court declined the certified questions and has never ruled, so state and federal courts can differ. Second, Giles reads the penalty as inapplicable to auto policies while other decisions have assumed it applies — expect that fight in any motor claim. Note also that the 2011 shutdown of Consumer Protection Act claims against insurers applies to causes of action accruing after April 29, 2011.
Free first step

Complain to the regulator before you spend anything

A complaint to the Tennessee Department of Commerce and Insurance costs nothing, creates a written record, and sometimes moves a stalled claim on its own. It is not a substitute for legal advice and it does not pause any deadline — but there is rarely a reason not to do it first.

Where this comes from

Sources

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