2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 522B - LICENSING OF INSURANCE PRODUCERS
522B.17A - INJUNCTIVE RELIEF.

        522B.17A  INJUNCTIVE RELIEF.
         1.  An association with at least twenty-five insurance producer
      members may bring an action in district court to enjoin a person from
      selling, soliciting, or negotiating insurance in violation of section
      522B.2.  However, before bringing an action in district court to
      enjoin a person pursuant to this section, an association shall file a
      complaint with the insurance division alleging that the person is
      selling, soliciting, or negotiating insurance in violation of section
      522B.2.
         2.  If the division makes a determination to proceed
      administratively against the person for a violation of section
      522B.2, the complainant shall not bring an action in district court
      against the person pursuant to this section based upon the
      allegations contained in the complaint filed with the division.
         3.  If the division does not make a determination to proceed
      administratively against the person for a violation of section
      522B.2, the division shall issue, on or before ninety days from the
      date of filing of the complaint, a release to the complainant that
      permits the complainant to bring an action in district court pursuant
      to this section.
         4.  The filing of a complaint with the division pursuant to this
      section tolls the statute of limitations pursuant to section 614.1 as
      to the alleged violation for a period of one hundred twenty days from
      the date of filing the complaint.
         5.  Any action brought in district court by a complainant against
      a person pursuant to this section, based upon the allegations
      contained in the complaint filed with the division, shall be brought
      within one year after the ninety-day period following the filing of
      the complaint with the division, or the date of the issuance of a
      release by the division, whichever is earlier.
         6.  If the court finds that the person is in violation of section
      522B.2 and enjoins the person from selling, soliciting, or
      negotiating insurance in violation of that section, the court's
      findings of fact and law, and the judgment and decree, when final,
      shall be admissible in any proceeding initiated pursuant to section
      522B.17 by the commissioner against the person enjoined and the
      person enjoined shall be precluded from contesting in that proceeding
      the court's determination that the person sold, solicited, or
      negotiated insurance in violation of section 522B.2.  

         2005 Acts, ch 70, §49