Section 10-3-215 - Evidences of indebtedness(1) A domestic insurance company may invest in lawfully issued interest-bearing evidences of indebtedness, including interest-bearing bonds, bonds that provide for imputed interest payable at maturity, revenue bonds, debentures, and other instruments evidencing indebtedness for the payment of money: (a) Issued by the United States, by an agency or instrumentality of the United States, or by any state, territory, district, or political subdivision of the United States;(b) Guaranteed or insured as to the payment of principal and interest by the United States or any agency or instrumentality thereof, or by any state, territory, district, or political subdivision of the United States;(c) Of counties, districts, townships, municipalities, and political subdivisions within the states, territories, and districts of the United States; except that investment in special improvement district obligations shall be limited to those which have received a designation or rating equivalent to or better than those specified in subsection (2)(b) of this section or, if not so designated or rated, have a credit enhancement approved by the commissioner;(d) Issued by Canada, by provinces or districts of Canada, or by counties, districts, townships, municipalities, or political subdivisions of Canada, or guaranteed or insured as to the payment of principal and interest by Canada or by a province or district of Canada;(e) Issued by institutions created under the laws of the United States, of any state, territory, or district of the United States, or of Canada or a province of Canada, which institutions are not referenced in subsection (1)(a), (1)(b), (1)(c), or (1)(d) of this section; but the aggregate value of all bonds and other evidences of indebtedness of any one institution that may be admitted assets under this section must not exceed three percent of the company's admitted assets except as:(I) To those bonds and other evidences of indebtedness of insurance companies admitted to do business in a state of the United States or in the District of Columbia, for coinsurance or reinsurance purposes, in which case the bonds or other evidences of indebtedness must not exceed the greater of three percent of the domestic insurance company's admitted assets or five percent of the debtor insurance company's admitted assets or loans; or(II) May be otherwise authorized under section 10-3-802;(f) Of farm credit banks and banks for cooperatives, or other similar corporations organized under the laws of the United States;(h) Issued by, or guaranteed or insured as to the payment of principal and interest by, any foreign government other than those listed in paragraph (d) of this subsection (1); except that the aggregate value of all such bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (h) and paragraph (i) of this subsection (1) shall not exceed twenty percent of the domestic insurance company's admitted assets, and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph (h) and to paragraph (i) of this subsection (1) in a single foreign jurisdiction shall not exceed:(I) Ten percent of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating from a nationally recognized statistical rating organization recognized by the securities valuation office of the national association of insurance commissioners equivalent to securities valuation office rating 1 in the then current purposes and procedures manual of the securities valuation office; or(II) Three percent of its admitted assets as to any other foreign jurisdiction.(i) Of solvent foreign institutions other than those specified in paragraphs (e) and (j) of this subsection (1) which are not in default in the payment of interest on any of their bonds at the time the investment is made; except that the aggregate value of all such bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (i) and paragraph (h) of this subsection (1) shall not exceed twenty percent of the domestic insurance company's admitted assets, and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph (i) and to paragraph (h) of this subsection (1) in a single foreign jurisdiction shall not exceed: (I) Ten percent of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating from a nationally recognized statistical rating organization recognized by the securities valuation office of the national association of insurance commissioners equivalent to securities valuation office rating 1 in the then current purposes and procedures manual of the securities valuation office; or(II) Three percent of its admitted assets as to any other foreign jurisdiction.(j) Issued by, or guaranteed or insured as to the payment of principal and interest by, the international bank for reconstruction and development, the inter-American development bank, the African development bank, or the Asian development bank; but the aggregate value of all bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (j) shall not exceed five percent of the domestic insurance company's admitted assets.(2) A domestic insurance company may invest in mortgage-backed securities, including collateralized mortgage obligations and other obligations for the payment of money secured by participation certificates or loans secured, directly or indirectly, by real estate mortgages or deeds of trust if:(a) The obligation or each participation certificate or loan is fully guaranteed or insured as to principal and interest by the United States or by any state, territory, or district thereof, or by any agency, instrumentality, or political subdivision of one or more of the foregoing; but the aggregate value of any one issue of such obligations which may be admitted assets pursuant to this paragraph (a) shall not exceed five percent of the domestic insurance company's admitted assets; or(b) The obligations have received a "1" or "2" quality designation by the securities valuation office of the national association of insurance commissioners as set forth in its most recently published valuations of securities manual or are rated investment grade in Standard & Poor's (at least BBB-) or Moody's (at least Baa3) bond guides, or have received comparable designations or ratings in the event the method of presenting such designations or ratings later changes or such designations or ratings are provided by successor entities, or have received comparable investment grade designations or ratings by any similar organization approved by the commissioner; but the aggregate value of any one issue of such obligations which may be admitted assets pursuant to this paragraph (b) shall not exceed three percent of the domestic insurance company's admitted assets.Amended by 2020 Ch. 87,§ 1, eff. 9/14/2020.L. 69: p. 492, § 5. C.R.S. 1963: § 72-2-21. L. 75: (1)(e) amended, p. 335, § 1, effective July 1. L. 81: (1)(e) amended and (1)(g) repealed, pp. 527, 531, §§ 2, 11, effective July 1. L. 86: IP(1) amended, p. 560, § 1, effective April 3. L. 91: (1) amended and (2) added, p. 1174, § 1, effective May 18. L. 92: (1)(e) and (1)(i) amended, p. 1767, § 4, effective March 20. L. 2000: (1)(h) and (1)(i) amended, p. 1729, § 2, effective August 15. L. 2020: IP(1), (1)(a), (1)(d), (1)(e), and IP(2) amended, (HB 20-1136), ch. 347, p. 347, § 1, effective September 14.(1) Section 10 of chapter 87 (HB 20-1136), Session Laws of Colorado 2020, provides that:
(a) The act changing this section applies to investments made on or after September 14, 2020; and
(b) On or after January 1, 2021, the act changing this section applies to all investments of an insurer.