2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION
507C.4 - JURISDICTION AND VENUE.

        507C.4  JURISDICTION AND VENUE.
         1.  A delinquency proceeding shall not be commenced under this
      chapter by a person other than the commissioner.  A court shall not
      have jurisdiction over a proceeding under this chapter commenced by a
      person other than the commissioner.
         2.  A court shall not have jurisdiction over a petition praying
      for the dissolution, liquidation, rehabilitation, sequestration,
      conservation or receivership of an insurer, or praying for an
      injunction or restraining order or other relief preliminary to,
      incidental to or relating to such proceedings other than pursuant to
      this chapter.
         3.  A court having jurisdiction of the subject matter has
      jurisdiction over a person served pursuant to the Iowa rules of civil
      procedure or other applicable provisions in an action brought by the
      receiver of a domestic insurer or an alien insurer domiciled in this
      state for any of the following:
         a.  In an action on or incident to an obligation if the person
      served is obligated to the insurer in any way as an incident to an
      agency or brokerage arrangement that may exist or has existed between
      the insurer and the agent or broker.
         b.  In an action on or incident to a reinsurance contract, if
      the person served is a reinsurer who has at any time written a policy
      of reinsurance for an insurer against which a delinquency proceeding
      has been instituted, or is an agent or broker of or for the reinsurer
      and the action results from or is incident to the relationship with
      the reinsurer.
         c.  In an action resulting from a relationship with the
      insurer, if the person served is or has been an officer, manager,
      trustee, organizer, promoter, or person in a position of comparable
      authority or influence in an insurer against which a rehabilitation
      or liquidation order is in effect when the action is commenced.
         d.  In an action if the person served is or was at the time of
      the institution of the delinquency proceeding against the insurer
      holding assets which are the subject of the proceeding and in which
      the receiver claims an interest on behalf of the insurer.
         e.  If the person served is obligated to the insurer in any
      way whatsoever, in an action on or incident to the obligation.
         4.  If the court on motion of a party finds that an action should
      as a matter of substantial justice be tried in a forum outside this
      state, the court may enter an order to stay the proceedings on the
      action in this state.
         5.  All action authorized in this chapter shall be brought in the
      district court in Polk county.  
         Section History: Recent Form
         84 Acts, ch 1175, § 4; 92 Acts, ch 1117, § 11, 12

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