(1) A domestic insurance company
may invest in lawfully issued interest-bearing evidences of indebtedness, including
interest-bearing bonds, bonds that provide for imputed interest payable at maturity,
revenue bonds, debentures, and other instruments evidencing indebtedness for the
payment of money:
(a) Issued by the United States, by an agency or instrumentality of the United
States, or by any state, territory, district, or political subdivision of the United
States;
(b) Guaranteed or insured as to the payment of principal and interest by the
United States or any agency or instrumentality thereof, or by any state, territory,
district, or political subdivision of the United States;
(c) Of counties, districts, townships, municipalities, and political subdivisions
within the states, territories, and districts of the United States; except that
investment in special improvement district obligations shall be limited to those
which have received a designation or rating equivalent to or better than those
specified in subsection (2)(b) of this section or, if not so designated or rated, have a
credit enhancement approved by the commissioner;
(d) Issued by Canada, by provinces or districts of Canada, or by counties,
districts, townships, municipalities, or political subdivisions of Canada, or
guaranteed or insured as to the payment of principal and interest by Canada or by a
province or district of Canada;
(e) Issued by institutions created under the laws of the United States, of any
state, territory, or district of the United States, or of Canada or a province of
Canada, which institutions are not referenced in subsection (1)(a), (1)(b), (1)(c), or
(1)(d) of this section; but the aggregate value of all bonds and other evidences of
indebtedness of any one institution that may be admitted assets under this section
must not exceed three percent of the company's admitted assets except as:
(I) To those bonds and other evidences of indebtedness of insurance
companies admitted to do business in a state of the United States or in the District
of Columbia, for coinsurance or reinsurance purposes, in which case the bonds or
other evidences of indebtedness must not exceed the greater of three percent of
the domestic insurance company's admitted assets or five percent of the debtor
insurance company's admitted assets or loans; or
(II) May be otherwise authorized under section 10-3-802;
(f) Of farm credit banks and banks for cooperatives, or other similar
corporations organized under the laws of the United States;
(g) Repealed.
(h) Issued by, or guaranteed or insured as to the payment of principal and
interest by, any foreign government other than those listed in paragraph (d) of this
subsection (1); except that the aggregate value of all such bonds and other
evidences of indebtedness which may be admitted assets pursuant to this
paragraph (h) and paragraph (i) of this subsection (1) shall not exceed twenty
percent of the domestic insurance company's admitted assets, and except that the
aggregate amount of foreign investments that may be admitted assets pursuant to
this paragraph (h) and to paragraph (i) of this subsection (1) in a single foreign
jurisdiction shall not exceed:
(I) Ten percent of its admitted assets as to a foreign jurisdiction that has a
sovereign debt rating from a nationally recognized statistical rating organization
recognized by the securities valuation office of the national association of
insurance commissioners equivalent to securities valuation office rating 1 in the
then current purposes and procedures manual of the securities valuation office; or
(II) Three percent of its admitted assets as to any other foreign jurisdiction.
(i) Of solvent foreign institutions other than those specified in paragraphs (e)
and (j) of this subsection (1) which are not in default in the payment of interest on
any of their bonds at the time the investment is made; except that the aggregate
value of all such bonds and other evidences of indebtedness which may be
admitted assets pursuant to this paragraph (i) and paragraph (h) of this subsection
(1) shall not exceed twenty percent of the domestic insurance company's admitted
assets, and except that the aggregate amount of foreign investments that may be
admitted assets pursuant to this paragraph (i) and to paragraph (h) of this
subsection (1) in a single foreign jurisdiction shall not exceed:
(I) Ten percent of its admitted assets as to a foreign jurisdiction that has a
sovereign debt rating from a nationally recognized statistical rating organization
recognized by the securities valuation office of the national association of
insurance commissioners equivalent to securities valuation office rating 1 in the
then current purposes and procedures manual of the securities valuation office; or
(II) Three percent of its admitted assets as to any other foreign jurisdiction.
(j) Issued by, or guaranteed or insured as to the payment of principal and
interest by, the international bank for reconstruction and development, the inter-American development bank, the African development bank, or the Asian
development bank; but the aggregate value of all bonds and other evidences of
indebtedness which may be admitted assets pursuant to this paragraph (j) shall not
exceed five percent of the domestic insurance company's admitted assets.
(2) A domestic insurance company may invest in mortgage-backed
securities, including collateralized mortgage obligations and other obligations for
the payment of money secured by participation certificates or loans secured,
directly or indirectly, by real estate mortgages or deeds of trust if:
(a) The obligation or each participation certificate or loan is fully guaranteed
or insured as to principal and interest by the United States or by any state, territory,
or district thereof, or by any agency, instrumentality, or political subdivision of one
or more of the foregoing; but the aggregate value of any one issue of such
obligations which may be admitted assets pursuant to this paragraph (a) shall not
exceed five percent of the domestic insurance company's admitted assets; or
(b) The obligations have received a 1 or 2 quality designation by the
securities valuation office of the national association of insurance commissioners
as set forth in its most recently published valuations of securities manual or are
rated investment grade in Standard & Poor's (at least BBB-) or Moody's (at least
Baa3) bond guides, or have received comparable designations or ratings in the
event the method of presenting such designations or ratings later changes or such
designations or ratings are provided by successor entities, or have received
comparable investment grade designations or ratings by any similar organization
approved by the commissioner; but the aggregate value of any one issue of such
obligations which may be admitted assets pursuant to this paragraph (b) shall not
exceed three percent of the domestic insurance company's admitted assets.