NRS 682A.436 Limitation on aggregate amount of investments held in mortgage loans and real estate.

599 words·~3 min read·/nv/chapter-682a-investments/682a-436

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. An insurer shall not acquire an investment in accordance with the provisions of NRS 682A.430 if, as a result of and after giving effect to the investment, the aggregate amount of all investments held by the insurer pursuant to that section would exceed:

(a)One percent of its admitted assets in mortgage loans covering any one secured location;

(b)One-quarter of one percent of its admitted assets in construction loans covering any one secured location; or

(c)Two percent of its admitted assets in construction loans in the aggregate.

2. An insurer shall not acquire an investment under NRS 682A.432 if, as a result of and after giving effect to the investment and any outstanding guarantees made by the insurer in connection with the investment, the aggregate amount of investments held by the insurer under NRS 682A.432 plus the guarantees outstanding would exceed:

(a)One percent of its admitted assets in one parcel or group of contiguous parcels of real estate, except that this limitation does not apply to that portion of real estate used for the direct provision of health care services by an accident and health insurer for its insureds, such as hospitals, medical clinics, medical professional buildings or other health facilities used for the purpose of providing health services; or

(b)Fifteen percent of its admitted assets in the aggregate, but not more than 5 percent of its admitted assets as to properties that are to be improved or developed.

3. An insurer shall not acquire an investment pursuant to NRS 682A.430 or 682A.432 if, as a result of and after giving effect to the investment and any guarantees made by the insurer in connection with the investment, the aggregate amount of all investments held by the insurer in accordance with those sections plus the guarantees outstanding would exceed 45 percent of the insurer’s admitted assets. An insurer may exceed this limitation by not more than 30 percent of the insurer’s admitted assets if:

(a)This increased amount is invested only in residential mortgage loans;

(b)The insurer has not more than 10 percent of the insurer’s admitted assets invested in mortgage loans other than residential mortgage loans;

(c)The loan-to-value ratio of each residential mortgage loan does not exceed 60 percent at the time the mortgage loan is qualified pursuant to this increased authority, and the fair market value is supported by an appraisal that is not more than 2 years old and prepared by an independent appraiser;

(d)A single mortgage loan qualified pursuant to this increased authority does not exceed 0.5 percent of the insurer’s admitted assets;

(e)The insurer files with the Commissioner, and receives approval from the Commissioner for, a plan that is designed to result in a portfolio of residential mortgage loans that is sufficiently geographically diversified; and

(f)The insurer agrees to file annually with the Commissioner records which demonstrate that the insurer’s portfolio of residential mortgage loans is geographically diversified in accordance with the plan.

4. The limitations of NRS 682A.402 , 682A.404 and 682A.406 do not apply to an insurer’s acquisition of real estate under NRS 682A.434 . An insurer shall not acquire real estate under NRS 682A.434 if, as a result of and after giving effect to the acquisition, the aggregate amount of real estate held by the insurer in accordance with that section would exceed 10 percent of its admitted assets. With the approval of the Commissioner, additional amounts of real estate may be acquired under NRS 682A.434 .