§ 522b-17a

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 insurancein violation of section 522B.2. However, before bringing an action in district court to enjoina person pursuant to this section, an association shall file a complaint with the insurancedivision alleging that the person is selling, soliciting, or negotiating insurance in violation ofsection 522B.2. 2. If the division makes a determination to proceed administratively against the person for a violation of section 522B.2, the complainant shall not bring an action in district court againstthe person pursuant to this section based upon the allegations contained in the complaint filedwith the division. 3. If the division does not make a determination to proceed administratively against the person for a violation of section 522B.2, the division shall issue, on or before ninety days fromthe date of filing of the complaint, a release to the complainant that permits the complainantto bring an action in district court pursuant to this section. 4.

all issue, on or before ninety days fromthe date of filing of the complaint, a release to the complainant that permits the complainantto 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 section 614.1 as to the alleged violation for a period of one hundredtwenty 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, shallbe brought within one year after the ninety-day period following the filing of the complaintwith 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 section 522B.2 and enjoins the person from selling, soliciting, or negotiating insurance in violation of that section, the court’sfindings of fact and law, and the judgment and decree, when final, shall be admissible in anyproceeding initiated pursuant to section 522B.17 by the commissioner against the personenjoined and the person

ings of fact and law, and the judgment and decree, when final, shall be admissible in anyproceeding initiated pursuant to section 522B.17 by the commissioner against the personenjoined and the person enjoined shall be precluded from contesting in that proceeding thecourt’s determination that the person sold, solicited, or negotiated insurance in violation ofsection 522B.2. 2005 Acts, ch 70, §49 Sat Dec 23 00:54:11 2023 Iowa Code 2024, Section 522B.17A (17, 0)