Section 1402. Minimum capital or minimum surplus to policyholder investments  


Latest version.
  • (a) Before investing its funds in  any  other  investments,  every  domestic insurer shall invest and maintain an amount equal to the
      greater of the minimum capital required by law or the minimum surplus to
      policyholders required to be maintained by  law  for  a  domestic  stock
      corporation  authorized to transact the same kinds of insurance, only in
      investments of the types specified in this  section  which  are  not  in
      default  as  to  principal  or  interest.  Investments  equal  in value,
      determined pursuant to section one thousand  four  hundred  fourteen  of
      this  article,  to  such  amount and of such types shall at all times be
      maintained free and clear from  any  security  interest  other  than  as
      impressed  upon  a  deposit with any government within the United States
      for the security of all policyholders or all policyholders and creditors
      of the insurer or upon trusteed assets held in trust for the security of
      all policyholders and creditors of the insurer.
        (b) Not less than sixty percent of the amount of the required  minimum
      capital  or  surplus  to  policyholder  investments shall consist of the
      types specified in paragraphs one and two hereof:
        (1) Obligations of the United States or of any agency thereof provided
      such agency obligations are guaranteed as to principal and  interest  by
      the United States.
        (2)  Direct  obligations  of  this state or of any county, district or
      municipality thereof.
        (3) Direct obligations of any state of the United States.
        (4) Obligations  secured  by  first  mortgage  loans  which  meet  the
      standards  specified  in paragraph four of subsection (a) of section one
      thousand four hundred four of this article on property located  in  this
      state.