Iowa Code 522B.17A – Injunctive relief
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Terms Used In Iowa Code 522B.17A
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- year: means twelve consecutive months. See Iowa Code 4.1
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 § 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 § 522B.2.
2. If the division makes a determination to proceed administratively against the person for a violation of § 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 § 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 § 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 § 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 § 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 § 522B.2.
2005 Acts, ch 70, §49
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 § 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 § 522B.2.
2. If the division makes a determination to proceed administratively against the person for a violation of § 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 § 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 § 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 § 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 § 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 § 522B.2.
2005 Acts, ch 70, §49