§ 507C.4 — Jurisdiction and venue

Iowa § 507C.4

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 507C: INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION

Text

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,
§507C.4, INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION 6
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
whohasatanytimewrittenapolicyofreinsuranceforaninsureragainstwhichadelinquency
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. Inanactionifthepersonservedisorwasatthetimeoftheinstitutionofthedelinquency
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. AllactionsauthorizedinthischaptershallbebroughtinthedistrictcourtinPolkcounty.