Sec. 38a-102d. Affiliate relationships in the investment of admitted assets. Limitations.
Sec. 38a-102d. Affiliate relationships in the investment of admitted assets.
Limitations. (a) In addition to investments in common stock, preferred stock, debt
obligations and other securities permitted under sections 38a-102 to 38a-102h, inclusive,
a domestic insurer may also: (1) Invest in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries or affiliates, amounts which do
not exceed the lesser of ten per cent of such insurer's assets or fifty per cent of such
insurer's surplus as regards policyholders, provided after such investments, the insurer's
surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the amount of such
investments, investments in domestic or foreign insurance subsidiaries or affiliates shall
be excluded, and there shall be included: (A) Total net moneys or other consideration
expended and obligations assumed in the acquisition or formation of a subsidiary or
affiliate, including all organizational expenses and contributions to capital and surplus
of such subsidiary or affiliate whether or not represented by the purchase of capital stock
or issuance of other securities, and (B) all amounts expended in acquiring additional
common stock, preferred stock, debt obligations and other securities and all contributions to the capital and surplus, of a subsidiary or affiliate subsequent to its acquisition
or formation; (2) invest any amount in common stock, preferred stock, debt obligations
and other securities of one or more subsidiaries or affiliates engaged or organized to
engage exclusively in the ownership and management of assets authorized as investments for the insurer, provided each such subsidiary or affiliate agrees to limit its investments in any asset so that such investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in subdivision
(1) of this subsection or in sections 38a-102 to 38a-102h, inclusive, applicable to the
insurer. For purposes of this subdivision, "the total investment of the insurer" includes:
(A) Any direct investment by the insurer in an asset, and (B) the insurer's proportionate
share of any investment in an asset by any subsidiary or affiliate of the insurer, which
shall be calculated by multiplying the amount of the subsidiary's or affiliate's investment
by the percentage of the ownership of such subsidiary or affiliate; and (3) with the
approval of the commissioner, invest any greater amount in common stock, preferred
stock, debt obligations or other securities of one or more subsidiaries or affiliates, provided after such investment the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs.
(b) In determining the financial condition of an insurance company, its investments
in subsidiaries or affiliates shall be valued in accordance with any applicable valuation
method approved by the commissioner and consistent with procedures promulgated by
the National Association of Insurance Commissioners.
(c) With respect to the activities conducted by a domestic insurer's subsidiaries,
the commissioner shall have the power to: (1) Order said company to curtail the conduct
of any activity if he finds, after notice and opportunity to be heard, that such activity is
not lawful or is against public policy or that the continuation of such activity is materially
adverse to the interests of the insurer's policyholders; and (2) require separate books,
accounts and records for such classes of activities of the insurance company subsidiary
as he shall determine, which books, accounts and records shall be so maintained as to
disclose clearly and accurately the nature and details of such activities. The commissioner may determine that an activity is materially adverse to policyholders if he finds
that subsidiaries are being used to avoid the quantitative limitations directly applicable
to insurers under section 38a-102c.
(P.A. 91-262, S. 5, 19; P.A. 93-239, S. 21; P.A. 95-168, S. 2; P.A. 06-54, S. 2.)
History: P.A. 93-239 replaced former Subsec. (a) re investment limits with new provisions re certain investments and
amounts allowed in relation to insurer's assets, liabilities and surplus and the formula for calculating such limits; P.A. 95-168 amended Subsec. (b) to provide that valuation method be consistent with the National Association of Insurance
Commissioners standards and procedures; P.A. 06-54 amended Subsecs. (a) and (b) to allow insurer to invest in its affiliates,
subject to the same limitations and requirements that apply to investments in subsidiaries.