RCW 48.13.080
Preferred or guaranteed stocks. (Effective
until July 1, 2012.)
(1) An insurer may invest any of its funds,
in an aggregate amount not exceeding ten percent of its assets,
if a life insurer, or not exceeding fifteen percent of such
assets if other than a life insurer, in preferred or guaranteed
stocks or shares, other than common stocks, of solvent
institutions existing under the laws of the United States or of
any state, district or territory thereof, if all of the prior
obligations and prior preferred stocks, if any, of such
institution at the date of acquisition by the insurer are
eligible as investments under this chapter; and if qualified
under either of the following:
(a) Preferred stocks or shares shall be deemed qualified if
both these requirements are met:
(i) The net earnings of the institution available for its
fixed charges for a period of five fiscal years next preceding
the date of acquisition by the insurer must have averaged per
year not less than one and one-half times the sum of its average
annual fixed charges, if any, its average annual maximum
contingent interest, if any, and its average annual preferred
dividend requirements applicable to such period; and
(ii) during each of the last two years of such period such
net earnings must have been not less than one and one-half times
the sum of its fixed charges, contingent interest and preferred
dividend requirements for such year. The term "preferred
dividend requirements" shall be deemed to mean cumulative or
noncumulative dividends whether paid or not.
(b) Guaranteed stocks or shares shall be deemed qualified if
the assuming or guaranteeing institution meets the requirements
of subdivision (1) of RCW 48.13.050, construed so as to include
as a fixed charge the amount of guaranteed dividends of such
issue or the rental covering the guarantee of such dividends.
(2) An insurer shall not invest in or loan upon any
preferred stock having voting rights, of any one institution, in
excess of such proportion of the total issued and outstanding
preferred stock of such institution having voting rights, as
would, when added to any common shares of such institution,
directly or indirectly held by it, exceed fifteen percent of all
outstanding shares of such institution having voting rights, nor
an amount in excess of the limit provided by RCW 48.13.030. This
limitation shall not apply to such shares of a corporation which
is the subsidiary of an insurer, and which corporation is engaged
exclusively in a kind of business properly incidental to the
insurance business of the insurer.
[1947 c 79 § .13.08; Rem. Supp. 1947 § 45.13.08.]