31A-18-108.    Investment of excess surplus.      (1)  If an insurer has excess surplus, as defined under Section 
31A-1-301, then to theextent of its excess surplus, the insurer may invest in a manner inconsistent with the limitations ofSection 
31A-18-106 or in other assets approved by the commissioner.
      (2)  This section does not empower any insurer to make investments that are:
      (a)  illegal; or
      (b)  prohibited under Section 
31A-4-107.
      (3)  Each insurer has the burden of establishing the extent of its excess surplus.
Amended by Chapter 131, 1999 General Session