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