31A-17-203 - Encumbering of assets.
31A-17-203. Encumbering of assets.
(1) No domestic insurer may pledge, hypothecate, or otherwise encumber its assets tosecure the debt, guaranty, or obligation of any other person. This prohibition does not apply toobligations of the insurer under surety bonds or insurance contracts issued in the regular course ofbusiness.
(2) No domestic insurer may pledge, hypothecate, or otherwise encumber its assets in anamount in excess of the amount of its capital and surplus, without the prior written consent of thecommissioner.
(3) The commissioner may grant a domestic insurer an exception to Subsection (2) for areinsurance agreement which may cause assets of the domestic insurer to be held, deposited,pledged, hypothecated, or otherwise encumbered in an amount in excess of capital and surplus tosecure, offset, protect, or meet reserves or liabilities of the insurer that are established, incurred,or required under the provisions of the reinsurance agreement. The domestic insurer shall firstfile with the commissioner a written request for this exception, accompanied by a copy of theproposed reinsurance agreement and specifically stating its purpose and the reasons the exceptionshould be granted.
(4) Any person that accepts a pledge, hypothecation, or encumbrance of any asset of aninsurer not in accordance with the terms and limitations of this section is considered to haveaccepted that asset subject to a superior, preferential, and perfected lien in favor of owners,beneficiaries, assignees, certificate holders, or third party claimants or beneficiaries of anyinsurance benefit or right arising out of and within the coverage of any insurance policy issued bythe insurer. The commissioner may bring or participate in an action in any court of competentjurisdiction to protect the interests of insureds or claimants under this section.
Enacted by Chapter 204, 1986 General Session