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2018 Georgia Code 33-11-29 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 11. Investments, 33-11-1 through 33-11-89.

ARTICLE 1 INVESTMENTS OF CERTAIN INSURERS

33-11-29. Acquisition or holding of real property - Generally.

  1. An insurer shall not directly or indirectly acquire or hold real estate except as authorized in this Code section and in Code Sections 33-11-30 through 33-11-32. An insurer may acquire and hold:
    1. Land and buildings on such land used or acquired for use as its principal home office and branch offices for the convenient transaction of its own business; portions of such buildings not used for its own business may be rented by the insurer to others;
    2. Real property acquired in satisfaction in whole or in part of loans, mortgages, liens, judgments, decrees, or debts previously owing to the insurer in the course of its business;
    3. Real property acquired in part payment of the consideration on the sale of other real property owned by it if such transaction effects a net reduction in the insurer's investment in real estate;
    4. Real property acquired by gift or devise, or through merger, consolidation, or bulk reinsurance of another insurer under this title; or
    5. Additional real property and equipment incident to real property if necessary or convenient for the enhancement of the marketability or sale value of real property previously acquired or held by it under paragraphs (2) through (4) of this subsection, but subject to the prior written approval of the Commissioner.
  2. The amount invested by an insurer in home office and branch office property under paragraph (1) of subsection (a) of this Code section shall not exceed 10 percent of the insurer's admitted assets, but the Commissioner may grant permission to the insurer to invest in real property for that purpose in an increased amount not to exceed 25 percent of admitted assets.

(Code 1933, § 56-1028, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1999, p. 592, § 6; Ga. L. 2000, p. 136, § 33.)

OPINIONS OF THE ATTORNEY GENERAL

Foreign insurer's investments not limited.

- The "quality" clause of former Code 1933, § 56-1036 (see now O.C.G.A. § 33-11-42(a)) does not limit a foreign insurer's investments to only those investments specifically permitted for domestic insurers under former Code 1933, §§ 56-1028 through 56-1031 (see now O.C.G.A. §§ 33-11-29 through33-11-32). 1970 Op. Att'y Gen. No. 70-180.

Firemen's Pension Fund may invest in land and buildings used for home office.

- The Board of Trustees of the Georgia Firemen's Pension Fund has power to invest funds in such land and buildings thereon as are used for its principal home office. 1969 Op. Att'y Gen. No. 69-377.

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