Section 1409. Limitation of investments  


Latest version.
  • (a) Except as more specifically
      provided in this chapter, no domestic insurer shall have more  than  ten
      percent  of  its  admitted assets as shown by its last statement on file
      with the superintendent invested in,  or  loaned  upon,  the  securities
      (including   for  this  purpose  certificates  of  deposit,  partnership
      interests and other equity interests) of any one institution.
        (b) The restriction of subsection (a) hereof shall not  apply  to  the
      classes  of  governmental  obligations (including obligations secured by
      mortgages upon real property guaranteed or insured  under  the  National
      Housing  Act,  12  U.S.C.  §§ 1701-1750) eligible for minimum capital or
      surplus to  policyholder  investments  pursuant  to  the  provisions  of
      section one thousand four hundred two of this article nor to investments
      in  shares  of  other  insurance companies pursuant to the provisions of
      section one thousand four hundred eight of this article.
        (c) The limitations of investments set forth in this section shall not
      apply to mortgage-related securities or securities issued or  guaranteed
      by  the  Federal  Home Loan Mortgage Corporation or the Federal National
      Mortgage Association; provided, however, that for an insurer maintaining
      an aggregate investment in excess of seventy  percent  of  its  admitted
      assets as shown by its last statement on file with the superintendent in
      such  securities,  the  balance of such investments greater than seventy
      percent thereon shall be limited by and apportioned according to a ratio
      of one to two respectively, between investment in  such  securities  and
      investment  in  government  obligations,  as  that  term  is  defined in
      paragraph one of subsection (a) of section fourteen hundred four of this
      chapter.
        (d) The superintendent shall not promulgate any rules  or  regulations
      to  limit  or  otherwise  alter  the  provisions  of  paragraph  two  of
      subsection (a) of section  fourteen  hundred  one  of  this  article  or
      subsection  (c) of this section. The superintendent shall not promulgate
      any rules or regulations that limit the  authority  of  any  insurer  to
      invest in mortgage related securities.