Plaintiffs argue that Dillingham compels a different result because the statutes relied upon in Dillingham (survivability statutes) have been changed. The Court disagrees. Dillingham has not been overruled, and it continues to be cited as authority for the holding that bad faith claims are not assignable. See Electric Ins. Co., 384 F.Supp.2d at 1193, and Great American Insurance Co. of NY v. Federal Ins. Co., 2010 WL 1712847 at * 4 (Tenn. Ct. App. April 28, 2010). Because bad faith penalty claims cannot be assigned, and assignment is the only basis upon which Plaintiffs assert their right to bring this claim, Plaintiff's statutory bad faith penalty claim should be dismissed.