Title 33, Chapter 11, Section 20
( 33-11-20)
(a) An insurer may invest in bonds, debentures, notes, and other
evidences of indebtedness issued, assumed, or guaranteed by any
solvent institution existing under the laws of the United States of
America or of Canada, or any state or province thereof, which are
not in default as to principal or interest and which are secured by
collateral worth at least 50 percent more than the par value of the
entire issue of such obligations, but only if not more than
one-third of the total value of the required collateral consists of
common stocks. (b) An insurer may invest in secured and unsecured obligations of
such institutions other than obligations described in subsection (a)
of this Code section bearing interest at a fixed rate, with
mandatory principal and interest due at specified times, if the net
earnings of the issuing, assuming, or guaranteeing institution
available for its fixed charges for a period of five fiscal years
next preceding date of acquisition by such insurer have averaged per
year not less than one and one-half times its average annual fixed
charges applicable to such period and if during either of the last
two years of the period of such net earnings have been not less than
one and one-half times its fixed charges for the year. (c) An insurer may invest in bonds, debentures, notes, or other
evidences of indebtedness of corporations existing under the laws of
the United States of America or of Canada or any state or province
thereof, which are secured by assignment of a lease or leases or the
rentals payable under the leases of real or personal property or
both to: (1) The United States of America or any state thereof, or any
county, city, town, village, municipality, or district therein or
any political subdivision thereof or any civil division or public
instrumentality of one or more of the foregoing; or (2) One or more institutions created or existing under the laws of
the United States of America or of Canada or of any state or
province, provided that: (A) The fixed rentals assigned shall be sufficient to repay the
indebtedness within the unexpired term of the lease, exclusive
of the term which may be provided by an enforceable option of
renewal; (B) No such lessee has defaulted in payment of interest or
principal on any of its bonds, notes, debentures, or other
evidences of indebtedness during the five fiscal years
immediately preceding the date of the investment; (C) The net earnings of each lessee under paragraph (2) of
subsection (c) of this Code section available for its fixed
charges for a period of five fiscal years next preceding the
date of acquisition by the insurance company shall have averaged
per year not less than one and one-half times its average annual
fixed charges applicable to the period and during either of the
last two years of the period the net earnings shall have been
not less than one and one-half times its fixed charges for the
year; and
(D) A first lien on the interest of the lessor in the
unencumbered property so leased shall be obtained as additional
security for the indebtedness. (d) An insurer may invest in secured and unsecured obligations of
such institutions or in portions thereof, other than the obligations
described in subsections (a), (b), and (c) of this Code section,
which do not bear interest at a fixed rate and which may or may not
have a maturity date or be evidenced by a formal certificate. Such
investments must: (1) Consist of less than 100 percent of the total obligation
issued; (2) Be available for liquidation by the insurer within five days
from the date of a request by the insurer for the liquidation of
the investment; and (3) Notwithstanding Code Section 33-11-37, as a total at any one time not exceed 5 percent of the insurer's admitted assets without the written approval of the Commissioner. |