Key Takeaways

  • Tennessee commercial property insurance uses the file-and-use rate regulation system
  • Commercial property policies cover buildings, business personal property, and business income
  • Business owners policies (BOP) combine property and liability coverage for small to medium businesses
  • Surplus lines insurance requires a diligent search of 3 admitted insurers (unless on export list)
  • Tennessee surplus lines tax is 5% of premium plus stamping fees
Last updated: January 2026

Tennessee Commercial Property Insurance

Tennessee commercial property insurance operates under the file-and-use system with specific requirements for surplus lines placement.

Commercial Property Rate Regulation

Tennessee uses file-and-use for commercial property:

Process StepDescription
1. FileInsurer files rates and forms with TDCI
2. UseRates can be used immediately upon filing
3. ReviewTDCI reviews filings after implementation
4. ActionTDCI can disapprove if rates are excessive, inadequate, or unfairly discriminatory

Commercial Property Coverage

Tennessee commercial property policies include:

Building Coverage

  • The structure and attached fixtures
  • Permanently installed machinery
  • Additions under construction
  • Building glass

Business Personal Property

  • Furniture, equipment, and fixtures
  • Inventory and stock
  • Tenant's improvements and betterments
  • Property of others in your care, custody, or control

Business Income Coverage

  • Lost income during restoration period
  • Continuing expenses (payroll, rent, utilities)
  • Extra expense to continue operations
  • Civil authority coverage

Business Owners Policy (BOP)

The BOP is a package policy for small to medium businesses:

BOP Eligibility

Eligible BusinessesTypical Limits
Retail stores$100,000-$5,000,000 property
Offices$300,000-$1,000,000 liability
RestaurantsVaries by classification
Apartments (under 6 stories)Subject to underwriting
WholesalersPremium size limits apply

BOP Coverage Components

  • Property coverage (building and contents)
  • Business income and extra expense
  • General liability coverage
  • Medical payments
  • Optional endorsements available

Tennessee Surplus Lines Insurance

Surplus lines insurance provides coverage for risks not available in the admitted (standard) market.

Surplus Lines Requirements

RequirementDetails
Diligent SearchMust contact at least 3 admitted insurers
Export ListSome risks pre-approved without diligent search
Licensed AgentMust use Tennessee surplus lines licensee
Surplus Lines Tax5% of premium
Stamping FeeAdditional stamping fee applies
DisclosureMust inform insured of surplus lines status

Tennessee Export List Risks

These risks may be placed with surplus lines insurers without diligent search:

  • Excess and umbrella liability
  • Environmental liability
  • Directors and officers liability
  • Employment practices liability
  • Professional liability (certain classes)
  • Aviation
  • Railroad equipment

Surplus Lines Producer Duties

  1. Conduct diligent search (unless export list)
  2. Document declinations from admitted market
  3. Place with approved surplus lines insurer
  4. Collect and remit 5% surplus lines tax
  5. File affidavit with TDCI
  6. Disclose surplus lines status to insured

Exam Tip: Tennessee surplus lines tax is 5% of premium. The surplus lines producer is responsible for collecting and remitting this tax to the state.

Inland Marine Insurance

Tennessee commercial inland marine covers:

  • Equipment floater (contractors' equipment)
  • Electronic data processing equipment
  • Installation floater
  • Motor truck cargo
  • Builders risk (property under construction)
  • Signs
  • Valuable papers and records
Test Your Knowledge

What is the Tennessee surplus lines tax rate?

A
B
C
D
Test Your Knowledge

Before placing a risk with a surplus lines insurer in Tennessee, what must the producer do?

A
B
C
D
Test Your Knowledge

Which of the following is NOT typically a component of a Business Owners Policy (BOP)?

A
B
C
D