This text of Iowa § 507A.11 (Reciprocal enforcement of court orders) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.
§507A.11, UNAUTHORIZED INSURERS 8
b.“Foreign decree” means any decree or order in equi
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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.
§507A.11, UNAUTHORIZED INSURERS 8
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
theforeigndecreeforanappropriateperiod, uponrequiringthesamesecurityforsatisfaction
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.