507C.2 - DEFINITIONS.

        507C.2  DEFINITIONS.         As used in this chapter, unless the context otherwise requires:         1.  "Affiliate" of or "affiliated" with a specific person,      means a person that directly or indirectly, through one or more      intermediaries, controls or is controlled by, or is under common      control with, the person specified.         2.  "Ancillary state" means a state other than a domiciliary      state.         3.  "Commissioner" means the commissioner of insurance and any      successor in office.         4.  "Commodity contract" means any of the following:         a.  A contract for the purchase or sale of a commodity for      future delivery on, or subject to the rules of, a board of trade      designated as a contract market by the commodity futures trading      commission under the federal Commodity Exchange Act, 7 U.S.C. § 1 et      seq., or a board of trade outside the United States.         b.  An agreement that is subject to regulation under section      19 of the federal Commodity Exchange Act, 7 U.S.C. § 1 et seq., and      that is commonly known to the commodities trade as a margin account,      margin contract, leverage account, or leverage contract.         c.  An agreement or transaction that is subject to regulation      under section 4c(b) of the federal Commodity Exchange Act, 7 U.S.C. §      1 et seq., and that is commonly known to the commodities trade as a      commodity option.         5.  "Control" means the same as defined in section 521A.1,      subsection 3.         6.  "Creditor" is a person having a claim against an insurer,      whether the claim is matured or unmatured, liquidated or      unliquidated, secured or unsecured, absolute, fixed or contingent.         7.  "Delinquency proceeding" means a proceeding instituted      against an insurer for the purpose of liquidating, rehabilitating,      reorganizing or conserving the insurer, and a summary proceeding      under section 507C.9 or 507C.10.  "Formal delinquency proceeding"      means any liquidation or rehabilitation proceeding.         8.  "Doing business" means any of the following acts, whether      effected by mail or otherwise:         a.  The issuance or delivery of contracts of insurance to      persons resident in this state.         b.  The solicitation of applications for the contracts, or      other negotiations preliminary to the execution of the contracts.         c.  The collection of premiums, membership fees, assessments,      or other consideration for the contracts.         d.  The transaction of matters subsequent to execution of the      contracts and arising out of them.         e.  Operating as an insurer under a license or certificate of      authority issued by the division.         9.  "Domiciliary state" means the state in which an insurer is      incorporated or organized, or, in the case of an alien insurer, its      state of entry.         10.  "Fair consideration" is given for property or obligation      when either of the following is present:         a.  When in good faith property is conveyed or services are      rendered or an obligation is incurred or an antecedent debt is      satisfied in exchange for the property or obligation, as a fair      equivalent therefor, and in good faith.         b.  When the property or obligation is received in good faith      to secure a present advance or antecedent debt in amount not      disproportionately small as compared to the value of the property or      obligation obtained.         11.  "Foreign country" means another jurisdiction not in a      state.         12.  "Forward contract" means a contract for the purchase,      sale, or transfer of a commodity, as defined in section 1 of the      federal Commodity Exchange Act, 7 U.S.C. § 1 et seq., or any similar      good, article, service, right, or interest that is presently or in      the future becomes the subject of dealing in the forward contract      trade, or product or byproduct thereof, with a maturity date more      than two days after the date the contract is entered into, including,      but not limited to, a repurchase transaction, reverse repurchase      transaction, consignment, lease, swap, hedge transaction, deposit,      loan, option, allocated transaction, unallocated transaction, or a      combination of them or option on any of them.  "Forward contract"      does not include a commodity contract.         13.  "General assets" means all real, personal, or other      property, not specifically mortgaged, pledged, deposited, or      otherwise encumbered for the security or benefit of specified persons      or classes of persons.  As to specifically encumbered property,      "general assets" includes all property or its proceeds in excess      of the amount necessary to discharge the sum or sums secured by the      property or its proceeds.  Assets held in trust and on deposit for      the security or benefit of all policyholders or all policyholders and      creditors, in more than a single state, shall be treated as general      assets.         "General assets" does not include that portion of the assets      of the insurer allocated to and accumulated in a separate account      established pursuant to section 508A.1, unless otherwise provided by      the applicable policy, annuity, agreement, instrument, or contract.      However, if any assets allocated to and accumulated in a separate      account, after the satisfaction of any liabilities with regard to the      operation of the separate account, are in excess of an amount equal      to the reserves and other liabilities with respect to the separate      account, the excess shall be treated as part of the general assets of      the insurer.         14.  "Guaranty association" means the Iowa insurance guaranty      association created in chapter 515B, the Iowa life and health      insurance guaranty association created in chapter 508C, and any other      similar entity either presently existing or to be created by the      general assembly for the payment of claims of insolvent insurers.      "Foreign guaranty association" means a similar entity presently      existing in or to be created in the future by the legislature of any      other state.         15.  "Insolvency" or "insolvent" means any of the      following:         a.  For an insurer issuing only assessable fire insurance      policies, either of the following:         (1)  The inability to pay any obligation within thirty days after      it becomes payable.         (2)  If an assessment is made, the inability to pay the assessment      within thirty days following the date specified in the first      assessment notice issued after the date of loss.         b.  For any other insurer that it is unable to pay its      obligations when they are due, or when its admitted assets do not      exceed its liabilities plus the greater of:         (1)  Any capital and surplus required by law for its organization.         (2)  The total par or stated value of its authorized and issued      capital stock.         c.  As to an insurer licensed to do business in this state as      of July 1, 1984, which does not meet the standard established under      paragraph "b", the term "insolvency" or "insolvent" shall      mean, for a period not to exceed three years from July 1, 1984, that      it is unable to pay its obligations when they are due or that its      admitted assets do not exceed its liabilities plus any required      capital contribution ordered by the commissioner under provisions of      the insurance law.         For purposes of this subsection "liabilities" includes but is      not limited to reserves required by statute or by the division's      rules or specific requirements imposed by the commissioner upon a      company at the time of or subsequent to admission.         16.  "Insurer" means a person who has done, purports to do, is      doing or is licensed to do insurance business, and is or has been      subject to the authority of, or to liquidation, rehabilitation,      reorganization, supervision, or conservation by an insurance      commissioner.  For purposes of this chapter, any other person      included under section 507C.3 is an insurer.         17.  "Netting agreement" means an agreement, including terms      and conditions incorporated by reference therein, including a master      agreement, which master agreement, together with all schedules,      confirmations, definitions, and addenda thereto and transactions      under any thereof, shall be treated as one netting agreement, that      documents one or more transactions between parties to the agreement      for or involving one or more qualified financial contracts and that      provides for the netting or liquidation of qualified financial      contracts or present or future payment obligations or payment      entitlements thereunder, including liquidation or closeout values      relating to such obligations or entitlements among the parties to the      netting agreement.         18.  "Preferred claim" means a claim with respect to which the      terms of this chapter accord priority of payment from the general      assets of the insurer.         19.  "Qualified financial contract" means a commodity      contract, forward contract, repurchase agreement, securities      contract, swap agreement, and any similar agreement that the      commissioner determines by regulation, resolution, or order to be a      qualified financial contract for the purposes of this chapter.         20.  "Receiver" means receiver, liquidator, rehabilitator, or      conservator as the context requires.         21.  "Reciprocal state" means a state other than this state in      which section 507C.18, subsection 1, sections 507C.52 and 507C.53 and      sections 507C.55 through 507C.57 are in force, and in which      provisions are in force requiring that the commissioner or equivalent      official be the receiver of a delinquent insurer, and in which some      provision exists for the avoidance of fraudulent conveyances and      preferential transfers.         22.  "Repurchase agreement" means an agreement, including      related terms, that provides for the transfer of certificates of      deposit, eligible bankers' acceptances, or securities that are direct      obligations of, or that are fully guaranteed as to principal and      interest by, the United States or an agency of the United States      against the transfer of funds by the transferee of the certificates      of deposit, eligible bankers' acceptances or securities, with a      simultaneous agreement by the transferee to transfer to the      transferor certificates of deposit, eligible bankers' acceptances, or      securities as described above, at a date certain not later than one      year after the transfers or on demand against the transfer of funds.      For the purposes of this definition, the items that may be subject to      a repurchase agreement include, but are not limited to,      mortgage-related securities, a mortgage loan, and an interest in a      mortgage loan, but shall not include any participation in a      commercial mortgage loan, unless the commissioner determines by rule,      resolution, or order to include the participation within the meaning      of the term.  Repurchase agreement also applies to a reverse      repurchase agreement.         23.  "Secured claim" means a claim secured by mortgage, trust      deed, pledge, deposit as security, escrow, or otherwise, but not      including special deposit claims or claims against general assets.      The term also includes claims which have become liens upon specific      assets by reason of judicial process.         24.  "Securities contract" means a contract for the purchase,      sale, or loan of a security, including an option for the repurchase      or sale of a security, certificate of deposit, or group or index of      securities, including an interest therein or based on the value      thereof, or an option entered into on a national securities exchange      relating to foreign currencies, or the guarantee of a settlement of      cash or securities by or to a securities clearing agency.  For the      purposes of this definition, the term "security" includes a      mortgage loan, mortgage-related securities, and an interest in any      mortgage loan or mortgage-related security.         25.  "Special deposit claim" means a claim secured by a      deposit made pursuant to statute for the security or benefit of a      limited class or classes of persons, but not including a claim      secured by general assets.         26.  "State" means a state, district, or territory of the      United States and the Panama Canal Zone.         27.  "Swap agreement" means an agreement, including the terms      and conditions incorporated by reference in an agreement, that is a      rate swap agreement, basis swap, commodity swap, forward rate      agreement, interest rate future, interest rate option, forward      foreign exchange agreement, spot foreign exchange agreement, rate cap      agreement, rate floor agreement, rate collar agreement, currency swap      agreement, cross-currency rate swap agreement, currency future, or      currency option or any other similar agreement, and includes any      combination of agreements and an option to enter into an agreement.         28.  "Transfer" shall include the sale and every other and      different mode, direct or indirect, of disposing of or of parting      with property or with an interest in the property, or with the      possession of the property or of fixing a lien upon the property or      upon an interest in the property, absolutely or conditionally,      voluntarily, by or without judicial proceedings.  The retention of a      security title to property delivered to a debtor shall be deemed a      transfer suffered by a debtor.  
         Section History: Recent Form
         84 Acts, ch 1175, § 2; 92 Acts, ch 1117, § 10; 2005 Acts, ch 70,      §4; 2006 Acts, ch 1117, §27