2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 507A - UNAUTHORIZED INSURERS
507A.11 - RECIPROCAL ENFORCEMENT OF COURT ORDERS.

        507A.11  RECIPROCAL ENFORCEMENT OF COURT ORDERS.
         The attorney general upon request of the commissioner of insurance
      may proceed in the courts of this state or any reciprocal state to
      enforce an order or decision in any court proceeding or in any
      administrative proceeding before the commissioner of insurance.
         1.  As used in this section, unless the context otherwise
      requires:
         a.  "Reciprocal state" means any state or territory of the
      United States the laws of which contain procedures substantially
      similar to those specified in this section for the enforcement of
      decrees or orders in equity issued by courts located in other states
      or territories of the United States, against any insurer incorporated
      or authorized to do business in said state or territory.
         b.  "Foreign decree" means any decree or order in equity
      of a court located in a reciprocal state, including a court of the
      United States located therein, against any insurer incorporated or
      authorized to do business in this state.
         c.  "Qualified party" means a state regulatory agency
      acting in its capacity to enforce the insurance laws of its state.
         2.  The commissioner of insurance shall determine which states and
      territories qualify as reciprocal states and shall maintain at all
      times an up-to-date list of such states.
         3.  A copy of any foreign decree authenticated in accordance with
      the statutes of this state may be filed in the office of the clerk of
      any district court of this state.  The clerk, upon verifying with the
      insurance commissioner that the decree or order qualifies as a
      foreign decree, shall treat the foreign decree in the same manner as
      a decree of a district court of this state.  A foreign decree so
      filed has the same effect and shall be deemed as a decree of a
      district court of this state, and is subject to the same procedures,
      defenses and proceedings for reopening, vacating, or staying as a
      decree of a district court of this state and may be enforced or
      satisfied in like manner.
         4. a.  At the time of the filing of the foreign decree, the
      attorney general shall make and file with the clerk of the court an
      affidavit setting forth the name and last known post office address
      of the defendant.
         b.  Promptly upon the filing of the foreign decree and the
      affidavit, the clerk shall mail notice of the filing of the foreign
      decree to the defendant at the address given and to the insurance
      commissioner of this state and shall make a note of the mailing in
      the docket.  In addition, the attorney general may mail a notice of
      the filing of the foreign decree to the defendant and to the
      insurance commissioner of this state and may file proof of mailing
      with the clerk.  Lack of mailing notice of filing by the clerk shall
      not affect the enforcement proceedings if proof of mailing by the
      attorney general has been filed.
         c.  No execution or other process for enforcement of a foreign
      decree filed under this section shall issue until thirty days after
      the date the decree is filed.
         5. a.  If the defendant shows the district court that an
      appeal from the foreign decree is pending or will be taken, or that a
      stay of execution has been granted, the court shall stay enforcement
      of the foreign decree until the appeal is concluded, the time for
      appeal expires, or the stay of execution expires or is vacated, upon
      proof that the defendant has furnished the security for the
      satisfaction of the decree required by the state in which it was
      rendered.
         b.  If the defendant shows the district court any ground upon
      which enforcement of a decree of any district court of this state
      would be stayed, the court shall stay enforcement of the foreign
      decree for an appropriate period, upon requiring the same security
      for satisfaction of the decree which is required in this state.
         6.  Any person filing a foreign decree shall pay to the clerk of
      court twenty-five dollars.  Fees for docketing, transcription or
      other enforcement proceedings shall be as provided for decrees of the
      district court.  

         [C71, 73, § 507A.6(6); C75, 77, 79, 81, § 507A.11]
         Referred to in § 602.8102(71)