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H & R BLOCK E. TAX SERVICES, INC. v. DEPT. OF COMMERCE AND INS.

No. M2007-00656-COA-R3-CV.

267 S.W.3d 848 (2008)

H & R BLOCK EASTERN TAX SERVICES, INC. v. STATE OF TENNESSEE, DEPARTMENT OF COMMERCE AND INSURANCE, DIVISION OF INSURANCE.

Court of Appeals of Tennessee, Middle Section, at Nashville.

January 30, 2008.

Permission to Appeal Denied by Supreme Court August 25, 2008.

Attorney(s) appearing for the Case

Gary C. Shockley and Courtney H. Gilmer, Nashville, Tennessee, for the appellant, H & R Block Eastern Tax Services, Inc.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Sarah Ann Hiestand, Senior Counsel, Financial Division, Office of the Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Commerce and Insurance, Division of Insurance.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

This case presents a pure and novel question of law regarding the Tennessee statutory definition of insurance. At issue is the "Peace of Mind" program ("POM program") offered by H & R Block Eastern Tax Services, Inc. ("Block") to customers who hire Block to prepare their tax returns. Essentially, Block offers its...

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