(1) If an insurer has excess surplus, as defined under Section 31A-1-301, then to the extent of its excess surplus, the insurer may invest in a manner inconsistent with the limitations of Section 31A-18-106 or in other assets approved by the commissioner.

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Terms Used In Utah Code 31A-18-108

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Excess surplus: means :
              (186)(c)(i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
                   (186)(c)(i)(A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
                        (186)(c)(i)(A)(I) 2. See Utah Code 31A-1-301
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
(2) This section does not empower any insurer to make investments that are:

     (2)(a) illegal; or
     (2)(b) prohibited under Section 31A-4-107.
(3) Each insurer has the burden of establishing the extent of its excess surplus.