reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.47 - Reopening liquidation.

507C.47 Reopening liquidation.
At any time after the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may petition the court to reopen the proceedings for good cause including the discovery of additional assets. The court shall order the proceeding reopened if it is satisfied that there is justification for the reopening.
84 Acts, ch 1175, §47
Referred to in §507C.45
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.48 - Disposition of records during and after termination of liquidation.

507C.48 Disposition of records during and after termination of liquidation.
If it appears to the commissioner that the records of an insurer in process of liquidation or completely liquidated are no longer useful, the commissioner may recommend to the court and the court shall direct what records shall be retained for future reference and what shall be destroyed.
84 Acts, ch 1175, §48
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.49 - External audit of receiver’s books.

507C.49 External audit of receiver’s books.
The court may order audits to be made of the books of the commissioner relating to a receivership established under this chapter, and a report of each audit shall be filed with the commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of an audit shall be considered a cost of administration of the receivership.
84 Acts, ch 1175, §49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.50 - Conservation of property of foreign or alien insurers found in this state.

507C.50 Conservation of property of foreign or alien insurers found in this state.
1. If a domiciliary liquidator has not been appointed, the commissioner may apply to the court by verified petition for an order directing the commissioner to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any of the following grounds:
a. Any of the grounds in section 507C.12.
b. That property has been sequestered by official action in the insurer’s domiciliary state, or in any other state.
c. That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent.
d. That both of the following are found:
(1) That its certificate of authority to do business in this state has been revoked or that no certificate was ever issued.
(2) That there are residents of this state with outstanding claims or outstanding policies.
2. When an order is sought under subsection 1, the court shall cause the insurer to be given notice and time to respond to the petition as is reasonable under the circumstances.
3. The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the clerk of court or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located is the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
4. The conservator may at any time petition for and the court may grant an order under section 507C.51 to liquidate assets of a foreign or alien insurer under conservation, or, for an order under section 507C.53, to be appointed ancillary receiver.
5. The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if the motion is denied costs shall be assessed against the party.
84 Acts, ch 1175, §50; 85 Acts, ch 67, §49
Referred to in §507C.51, 507C.52
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.51 - Liquidation of property of foreign or alien insurers found in this state.

507C.51 Liquidation of property of foreign or alien insurers found in this state.
1. If a domiciliary receiver has not been appointed, the commissioner may apply to the court by verified petition for an order directing the commissioner to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state on any of the following grounds:
a. Any of the grounds in section 507C.12 or 507C.17.
b. Any of the grounds specified in section 507C.50, subsection 1, paragraphs “b” through “d”.
2. When an order is sought under subsection 1, the court shall cause the insurer to be given notice and time to respond to the petition as is reasonable under the circumstances.
3. If it appears to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the clerk of the court or the recorder of deeds of the county in which the principal business of the company is located or the county in which its principal office or place of business is located, is same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
4. If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall act as ancillary receiver under section 507C.53. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under section 507C.53.
5. On the same grounds as are specified in subsection 1, the commissioner may petition an appropriate federal district court to be appointed receiver to liquidate that portion of the insurer’s assets and business over which the court will exercise jurisdiction, or any lesser part that the commissioner deems desirable for the protection of the policyholders and creditors in this state.
6. When the commissioner has liquidated the assets of a foreign or alien insurer under this section, the court may order the commissioner to pay claims of residents of this state against the insurer under rules as to the liquidation of insurers under this chapter as are otherwise compatible with this section.
84 Acts, ch 1175, §51
Referred to in §507C.50, 507C.52
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.52 - Domiciliary liquidators in other states.

507C.52 Domiciliary liquidators in other states.
1. Except as to special deposits and security on secured claims under section 507C.53, subsection 3, the domiciliary liquidator of an insurer domiciled in a reciprocal state shall be vested with the title to the assets, property, contracts, rights of action, agents’ balances, books, accounts, and other records of the insurer located in this state. The date of vesting is the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting is the date of entry of the order directing possession to be taken. The domiciliary liquidator may immediately recover balances due from agents and obtain possession of the books, accounts, and other records of the insurer located in this state. The domiciliary liquidator may also have the right to recover all other assets of the insurer located in this state, subject to section 507C.53.
2. If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested with the title to the property, contracts and rights of action, books, accounts and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under section 507C.50 or 507C.51, or for an ancillary receivership under section 507C.53, or after approval by the court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
3. Claimants residing in this state may file claims with the liquidator or ancillary receiver in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
84 Acts, ch 1175, §52; 92 Acts, ch 1117, §32
Referred to in §507C.2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.53 - Ancillary formal proceedings.

507C.53 Ancillary formal proceedings.
1. If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the court requesting appointment as ancillary receiver in this state if both of the following exist:
a. If the domiciliary liquidator finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver.
b. If the protection of creditors or policyholders in this state so requires.
2. The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds in this state is the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
3. When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. As soon as practicable, the ancillary receiver shall liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state. The ancillary receiver shall pay the necessary expenses of the proceedings and shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and any deputies have the same powers and are subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state.
4. As to assets and books, accounts, and other records in their respective states, when a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have corresponding rights, duties and powers to those provided in subsection 3 for ancillary receivers appointed in this state.
84 Acts, ch 1175, §53
Referred to in §507C.2, 507C.50, 507C.51, 507C.52
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.54 - Ancillary summary proceedings.

507C.54 Ancillary summary proceedings.
In the sole discretion of the commissioner, the commissioner may institute proceedings under sections 507C.9 through 507C.11 at the request of the commissioner or other appropriate insurance official of the domiciliary state of a foreign or alien insurer having property located in this state.
84 Acts, ch 1175, §54
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.55 - Claims of nonresidents against insurers domiciled in this state.

507C.55 Claims of nonresidents against insurers domiciled in this state.
1. In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in nonreciprocal states shall file claims in this state, and claimants residing in reciprocal states shall file claims either with the ancillary receivers in their respective states or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
2. Claims belonging to claimants residing in reciprocal states shall be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings in the reciprocal states, if a claim filing procedure is established in the ancillary proceeding. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in section 507C.56, subsection 2, with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under section 507C.42.
84 Acts, ch 1175, §55; 92 Acts, ch 1117, §33
Referred to in §507C.2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.56 - Claims of residents against insurers domiciled in reciprocal states.

507C.56 Claims of residents against insurers domiciled in reciprocal states.
1. Promptly after the appointment of the commissioner as ancillary receiver for an insurer not domiciled in this state, the commissioner shall determine whether there are claimants residing in this state who are not protected by guaranty funds and whether the protection of such claimants requires the establishing of a claim filing procedure in the ancillary proceeding. If a claim filing procedure is established, claimants against the insurer who reside within this state may file claims either with the ancillary receiver in this state, or with the domiciliary liquidator. Claims shall be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
2. Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings in this state, provided a claim filing procedure is established in the ancillary proceeding. If a claimant elects to prove the claim in this state, the claimant shall file the claim with the liquidator in the manner provided in sections 507C.35 and 507C.36. The ancillary receiver shall make a recommendation to the court as under section 507C.43. The ancillary receiver shall also arrange a date for hearing if necessary under section 507C.39 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty days prior to the date set for hearing. Within thirty days after the giving of the notice, if the domiciliary liquidator gives notice in writing either by certified mail or by personal service to the ancillary receiver and to the claimant of an intention to contest the claim, the domiciliary liquidator is entitled to appear or to be represented in a proceeding in this state involving the adjudication of the claim.
3. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
84 Acts, ch 1175, §56; 92 Acts, ch 1117, §34
Referred to in §507C.2, 507C.55
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.57 - Attachment, garnishment, and levy of execution.

507C.57 Attachment, garnishment, and levy of execution.
An action or proceeding in the nature of an attachment, garnishment, or levy of execution shall not be commenced or maintained in this state against the delinquent insurer or its assets during the pendency in this or any other state of a liquidation proceeding, whether called by that name or not.
84 Acts, ch 1175, §57
Referred to in §507C.2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.58 - Interstate priorities.

507C.58 Interstate priorities.
1. In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to claims of residents of this and reciprocal states. Claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located.
2. The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state is given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in a deposit so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets. However, the sharing shall be deferred until general creditors and claimants against other special deposits who have received smaller percentages from their respective special deposits have been paid percentages of their claims equal to the percentage paid from the special deposit.
3. The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender the security and file the claim as a general creditor, or the claim may be discharged by resort to the security in accordance with section 507C.41, in which case the deficiency shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
84 Acts, ch 1175, §58
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.59 - Subordination of claims for noncooperation.

507C.59 Subordination of claims for noncooperation.
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state assets within the ancillary receiver’s control other than special deposits, diminished only by the expenses of the ancillary receivership, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under section 507C.42, subsection 8.
84 Acts, ch 1175, §59; 97 Acts, ch 186, §5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION › Section 507C.60 - Suspension of certificate of authority.

507C.60 Suspension of certificate of authority.
Without advance notice or a hearing, the commissioner may suspend immediately the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of that state.
2002 Acts, ch 1111, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507D - INSURANCE ASSISTANCE › Section 507D.2 - Collection and analysis of information.

507D.2 Collection and analysis of information.
1. The commissioner of insurance may adopt rules pursuant to chapter 17A for the collection of necessary additional information relating to the availability, obtainability, costs, profits, and losses associated with the provision of property, casualty, product, professional, or other liability insurance within the state, and relating to the feasibility and implementation of market assistance programs, mandatory risk allocation programs, risk-sharing programs, risk management programs, or any other authorized program under section 507D.3.
2. The commissioner shall provide for the analysis of such information gathered pursuant to this or any other section and shall make such analysis available to the general assembly on an annual basis.
86 Acts, ch 1211, §27; 2021 Acts, ch 76, §150
Referred to in §507D.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507D - INSURANCE ASSISTANCE › Section 507D.3 - Authorized assistance programs.

507D.3 Authorized assistance programs.
The commissioner of insurance is authorized to institute programs, order the institution of programs within the private sector, or to contract with or delegate authority to the department of administrative services for the institution of programs relating to insurance assistance including, but not limited to, the following:
1. The development and implementation of a market assistance program to facilitate, arrange, or provide for the acquisition of property, casualty, product, professional, or other liability insurance coverage for all persons or entities seeking such coverage but for which the coverage is presently unavailable or unobtainable to the person or entity.
2. The development and implementation of a mandatory risk allocation system for property, casualty, product, professional, or other liability insurance, except asbestos and environmental impairment liability, in order to assure that all persons or entities for which such insurance is essential may obtain such insurance from insurers authorized to do business within this state.
3. The development and implementation of a risk-sharing program to assist and advise persons or entities seeking property, casualty, product, professional, or other liability insurance, except asbestos and environmental impairment liability, on the most efficient manner in which to share or pool similar risks in order to obtain essential insurance coverage at the minimum cost.
4. The development and implementation of a risk management program for persons or entities to which property, casualty, product, professional, or other liability insurance is essential, such program to include at a minimum the following:
a. Assistance in developing and maintaining loss and loss exposure data on such liability risks.
b. Recommendations regarding risk reduction and risk elimination programs.
c. Recommendations of those practices which will permit protection against such losses at the lowest costs, consistent with good underwriting practices and sound risk management techniques.
5. Subsections 2 and 3 shall have no application or effect after July 1, 1991.
6. An assistance program for the facilitation of insurance and financial responsibility coverage for owners and operators of underground storage tanks which store petroleum shall not be affected by the exceptions of subsections 2 and 3.
86 Acts, ch 1211, §28; 87 Acts, ch 225, §601; 88 Acts, ch 1134, §94; 89 Acts, ch 76, §9; 2003 Acts, ch 145, §286
Referred to in §507D.2, 507D.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507D - INSURANCE ASSISTANCE › Section 507D.4 - Financing of assistance programs.

507D.4 Financing of assistance programs.
The insurance commissioner may, by rule, provide for the financing, as necessary, for any or all programs under sections 507D.2 and 507D.3 by the assessment of fees to insurers authorized to write property, casualty, product, professional, or other liability insurance within this state. The commissioner of insurance may assess fees and charges against persons or entities for costs incurred in providing assistance to the person or entity pursuant to section 507D.3. Fees collected pursuant to such rules shall be used solely for the purposes of the program for which assessed, and are not to be transmitted to the general fund or used for any other purposes.
86 Acts, ch 1211, §29
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507D - INSURANCE ASSISTANCE › Section 507D.5 - Rate adjustment review.

507D.5 Rate adjustment review.
1. The commissioner of insurance shall conduct a rate adjustment review for all insurers authorized to write property, casualty, product, professional, or other liability insurance within this state and who make a request for rate adjustment regarding such insurance. The commissioner of insurance may employ or contract with actuarial consultants as necessary to review the request. The person conducting the review shall report to the commissioner as to the advisability of the adjustment requested.
2. The reasonable fees and expenses of an actuarial consultant employed or contracted by the commissioner of insurance for purposes of a rate adjustment review shall be assessed against and paid by the person requesting such rate adjustment.
86 Acts, ch 1211, §30; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507D - INSURANCE ASSISTANCE › Section 507D.6 - Continuing studies.

507D.6 Continuing studies.
The commissioner of insurance is authorized to conduct such further surveys, market reviews, data collection and analysis, studies of a mandatory risk allocation system and a risk-sharing program and such other studies as the commissioner deems necessary for the proper implementation of this chapter.
86 Acts, ch 1211, §31
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.2 - Purpose.

507E.2 Purpose.
An insurance fraud bureau is created within the insurance division. Upon a reasonable determination by the division, by its own inquiries or as a result of a complaint filed with the division, that a person has engaged in, is engaging in, or may be engaging in an act or practice that violates any provision of the Code subject to the jurisdiction of the commissioner, the division may administer oaths and affirmations, serve subpoenas ordering the attendance of witnesses, and collect evidence related to such act or practice.
94 Acts, ch 1072, §2; 2020 Acts, ch 1016, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.2A - Definitions.

507E.2A Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Insurance” means any and all contracts, arrangements, and agreements by or through which one party, for compensation, assumes risks of another party and promises to pay the second party or the second party’s nominee a certain or ascertainable sum of money on the occurrence of a specified contingency. “Insurance” includes any and all contracts, arrangements, or agreements contemplated by, falling within, and coming under section 87.11. Without limiting the foregoing, “insurance” includes any contract of insurance, indemnity, subscription, membership, suretyship, or annuity that has been issued, is proposed for issuance, or is intended for issuance by any person or entity.
2. “Insurer” means any corporation, association, partnership, or individual engaged in the business of insurance, including but not limited to a corporation, association, partnership, or individual that issues a policy of workers’ compensation, a self-insured business for purposes of workers’ compensation liability, or a group or self-insured plan as described in section 87.4. “Insurer” does not include a person required to be licensed to sell, solicit, or negotiate insurance pursuant to chapter 522B.
2018 Acts, ch 1169, §22; 2021 Acts, ch 181, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.3 - Fraudulent submissions — penalty.

507E.3 Fraudulent submissions — penalty.
1. For purposes of this chapter, “statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damage, bill for services, diagnosis, prescription, hospital or physician record, X ray, test result, or other evidence of loss, injury, or expense.
2. A person commits a class “D” felony if the person, with the intent to defraud an insurer, does any of the following:
a. Presents or causes to be presented to an insurer, any written document or oral statement, including a computer-generated document, as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy, knowing that such document or statement contains any false information concerning a material fact.
b. Assists, abets, solicits, or conspires with another to present or cause to be presented to an insurer, any written document or oral statement, including a computer-generated document, that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy, knowing that such document or statement contains any false information concerning a material fact.
c. Presents or causes to be presented to an insurer, any written document or oral statement, including a computer-generated document, as part of, or in, an application for insurance coverage, knowing that such document or statement contains false information concerning a material fact.
94 Acts, ch 1072, §3, 9; 95 Acts, ch 185, §46; 96 Acts, ch 1045, §2
Referred to in §507E.6, 910.1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.3A - Fraudulent sales practices — penalties.

507E.3A Fraudulent sales practices — penalties.
1. A person commits the offense of fraudulent sales practices if the person, with the intent to defraud another person in connection with any sale, solicitation, or negotiation of insurance in this state, willfully does any of the following:
a. Employs any deception, device, scheme, or artifice to defraud.
b. Misrepresents, conceals, or suppresses any material fact.
c. Engages in any act, practice, or course of business which operates as a fraud or deceit upon any person.
2. A person who violates subsection 1 commits a class “D” felony.
3. Notwithstanding subsection 2, a person commits a class “C” felony if the person violates subsection 1, and such violation results in a loss of more than ten thousand dollars.
2016 Acts, ch 1122, §5; 2017 Acts, ch 29, §143
Referred to in §910.1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.4 - Examination of information outside the state.

507E.4 Examination of information outside the state.
The bureau shall seek to obtain by request, any information related to the enforcement of this chapter in the possession of a person located outside the state. The bureau may designate a representative, including an official of the state where the information is located, to inspect the information on behalf of the bureau at the place where the information is located. The bureau may respond to similar requests from an official from another state.
94 Acts, ch 1072, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.5 - Confidentiality.

507E.5 Confidentiality.
1. All investigation files, investigation reports, and all other investigative information in the possession of the bureau are confidential records under chapter 22 except as specifically provided in this section and are not subject to discovery, subpoena, or other means of legal compulsion for their release until opened for public inspection by the bureau, or upon the consent of the bureau, or until a court of competent jurisdiction determines, after notice to the bureau and hearing, that the bureau will not be unnecessarily hindered in accomplishing the purposes of this chapter by their opening for public inspection. However, investigative information in the possession of the bureau may be disclosed, in the commissioner’s discretion, to appropriate licensing authorities within this state, another state or the District of Columbia, or a territory or country in which a licensee is licensed or has applied for a license.
2. The commissioner may share documents, materials, or other information, including confidential and privileged documents, materials, or other information, with other state, federal, and international regulatory agencies, with the national association of insurance commissioners and its affiliates or subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidential and privileged status of the document, material, or other information, pursuant to Iowa law.
3. The commissioner may receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, from other local, state, federal, and international regulatory agencies, the national association of insurance commissioners and its affiliates or subsidiaries, and local, state, federal, and international law enforcement authorities, and shall maintain as confidential and privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information.
4. The commissioner may enter into agreements governing the sharing and use of documents, materials, or other information consistent with this section.
5. An insurance fraud bureau investigator or other staff member of the bureau is not subject to subpoena in a civil action concerning any matter of which the bureau investigator or other staff member has knowledge pursuant to a pending or continuing investigation being conducted by the bureau pursuant to this chapter.
94 Acts, ch 1072, §5; 2006 Acts, ch 1117, §30; 2020 Acts, ch 1016, §3
Referred to in §22.7(54)
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.6 - Duties of insurer.

507E.6 Duties of insurer.
An insurer which believes that a claim or application for insurance coverage is being made which is a violation of section 507E.3 shall provide, within sixty days of the receipt of such claim or application, written notification to the bureau of the claim or application on a form prescribed by the bureau, including any additional information requested by the bureau related to the claim or application or the party making the claim or application. The fraud bureau shall review each notification and determine whether further investigation is warranted. If the bureau determines that further investigation is warranted, the bureau shall conduct an independent investigation of the facts surrounding the claim or application for insurance coverage to determine the extent, if any, to which fraud occurred in the submission of the claim or application. The bureau shall report any alleged violation of law disclosed by the investigation to the appropriate licensing agency or prosecuting authority having jurisdiction with respect to such violation.
94 Acts, ch 1072, §6; 2008 Acts, ch 1123, §13
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.7 - Immunity from liability.

507E.7 Immunity from liability.
1. A person acting without malice, fraudulent intent, or bad faith is not liable civilly as a result of filing a report or furnishing, orally or in writing, other information concerning alleged acts in violation of this chapter, if the report or information is provided to or received from any of the following:
a. Law enforcement officials, their agents and employees.
b. The national association of insurance commissioners, the insurance division, a federal or state governmental agency or bureau established to detect and prevent fraudulent insurance acts, or any other organization established for such purpose, and their agents, employees, or designees.
c. An authorized representative of an insurer.
2. This section does not affect in any way any common law or statutory privilege or immunity applicable to such person or entity.
94 Acts, ch 1072, §7, 9; 95 Acts, ch 185, §46; 96 Acts, ch 1045, §3; 2002 Acts, ch 1111, §9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507E - INSURANCE FRAUD › Section 507E.8 - Law enforcement authority.

507E.8 Law enforcement authority.
1. An individual employed by the division and designated as a peace officer shall be considered a law enforcement officer as that term is defined in section 80B.3, and shall exercise the powers of a law enforcement officer as follows:
a. For purposes of an arrest resulting from a criminal violation of any provision of the Code subject to the jurisdiction of the commissioner established as a result of an investigation pursuant to this chapter.
b. While conducting an investigation or engaged in an assignment authorized by this chapter or ordered by the commissioner.
c. To protect life if a public offense is committed in the presence of the peace officer.
d. While providing assistance to a law enforcement agency or another law enforcement officer.
e. While providing assistance at the request of a member of the public.
2. Laws applicable to an arrest of an individual by a law enforcement officer of the state shall apply to an individual employed by the division and designated as a peace officer. An individual employed by the division and designated as a peace officer shall have the power to execute arrest warrants and search warrants, serve subpoenas issued for the examination, investigation, and trial of all offenses identified through the course of an investigation conducted pursuant to this section, and arrest upon probable cause without warrant a person found in the act of committing a violation of this chapter or a law of this state.
94 Acts, ch 1072, §8; 2011 Acts, ch 70, §7; 2020 Acts, ch 1016, §4; 2021 Acts, ch 181, §4
Referred to in §97B.49B, 502.604A
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.2 - Purpose and scope.

507F.2 Purpose and scope.
1. Notwithstanding any provision of law to the contrary, this chapter establishes the exclusive state standards for data security, and the investigation and notification of cybersecurity events, applicable to licensees.
2. This chapter shall not be construed to create or imply a private cause of action for a violation of its provisions, and shall not be construed to curtail a private cause of action that otherwise exists in the absence of this chapter.
2021 Acts, ch 79, §2, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.5 - Third-party service provider arrangements.

507F.5 Third-party service provider arrangements.
1. A licensee shall exercise due diligence in the selection of third-party service providers, conduct oversight of all third-party service provider arrangements, and require all third-party service providers to implement appropriate administrative, technical, and physical measures to protect and secure the information systems and nonpublic information that are accessible to, or held by, the licensee’s third-party service providers.
2. Licensees shall comply with this section no later than January 1, 2024.
2021 Acts, ch 79, §5, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.6 - Cybersecurity event — investigation.

507F.6 Cybersecurity event — investigation.
1. If a licensee discovers that a cybersecurity event has occurred, or that a cybersecurity event may have occurred, the licensee, or the outside vendor or third-party service provider the licensee has designated to act on behalf of the licensee, shall conduct a prompt investigation of the event.
2. During the investigation, the licensee, outside vendor, or third-party service provider the licensee has designated to act on behalf of the licensee, shall, at a minimum, determine as much of the following as possible:
a. Confirm that a cybersecurity event has occurred.
b. Assess the nature and scope of the cybersecurity event.
c. Identify all nonpublic information that may have been compromised by the cybersecurity event.
d. Perform or oversee reasonable measures to restore the security of any compromised information systems in order to prevent further unauthorized acquisition, release, or use of nonpublic information that is in the licensee’s possession, custody, or control.
3. If a licensee learns that a cybersecurity event has occurred, or may have occurred, in an information system maintained by a third-party service provider of the licensee, the licensee shall complete an investigation in compliance with this section, or confirm and document that the third-party service provider has completed an investigation in compliance with this section.
4. A licensee shall maintain all records and documentation related to the licensee’s investigation of a cybersecurity event for a minimum of five years from the date of the event, and shall produce the records and documentation upon demand of the commissioner.
2021 Acts, ch 79, §6, 17
Referred to in §507F.9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.8 - Cybersecurity event — notification to consumers.

507F.8 Cybersecurity event — notification to consumers.
1. In the event of a cybersecurity event involving nonpublic information a licensee shall comply with the notification requirements pursuant to section 715C.2, and all other applicable notification requirements pursuant to federal or state law.
2. If a licensee is required to provide notice of a cybersecurity event to the commissioner pursuant to section 507F.7, subsection 1, the licensee shall submit to the commissioner a copy of the consumer notices provided by the licensee to consumers under this section.
2021 Acts, ch 79, §8, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.9 - Cybersecurity event — third-party service providers.

507F.9 Cybersecurity event — third-party service providers.
1. If a licensee becomes aware of a cybersecurity event in an information system maintained by a third-party service provider of the licensee, the licensee shall comply with section 507F.7, or the licensee may obtain a written certification from the third-party service provider that the provider is in compliance with section 507F.7. If the third-party provider fails to provide written certification to the licensee, the licensee shall comply with section 507F.7. The computation of the licensee’s deadlines pursuant to section 507F.7 shall begin on the business day after the date on which the licensee’s third-party service provider notifies the licensee of a cybersecurity event, or the date on which the licensee has actual knowledge of the cybersecurity event, whichever date is earlier.
2. This section shall not be construed to prohibit or abrogate an agreement between a licensee and another licensee, a third-party service provider, or any other party for the other licensee, third-party service provider, or other party to execute the requirements under section 507F.6 or section 507F.7 on behalf of the licensee.
2021 Acts, ch 79, §9, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.10 - Cybersecurity event reinsurers.

507F.10 Cybersecurity event reinsurers.
1. If a cybersecurity event involves nonpublic information used by, or that is in the possession, custody, or control of, a licensee that is acting as an assuming insurer and that does not have a direct contractual relationship with consumers affected by the cybersecurity event, the assuming insurer shall notify each of the assuming insurer’s affected ceding insurers and the commissioner of the assuming insurer’s state of domicile within three business days of determining that a cybersecurity event has occurred. A ceding insurer that has a direct contractual relationship with a consumer affected by the cybersecurity event shall comply with the applicable provisions of section 715C.2, and all other applicable notification requirements pursuant to federal or state law.
2. If a cybersecurity event involves nonpublic information that is in the possession, custody, or control of a third-party service provider of a licensee that is acting as an assuming insurer, the assuming insurer shall notify each of the assuming insurer’s affected ceding insurers and the commissioner of the assuming insurer’s state of domicile within three business days of the date the assuming insurer receives notice from the assuming insurer’s third-party service provider that a cybersecurity event involving nonpublic information has occurred. A ceding insurer that has a direct contractual relationship with a consumer affected by the cybersecurity event shall comply with the applicable provisions of section 715C.2, and all other applicable notification requirements pursuant to federal or state law.
3. Notwithstanding any law to the contrary, a licensee acting as an assuming insurer shall have no other notice obligations related to a cybersecurity event or other data breach than the notice requirements pursuant to subsections 1 and 2.
2021 Acts, ch 79, §10, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.11 - Cybersecurity event — producers of record.

507F.11 Cybersecurity event — producers of record.
If a cybersecurity event involves nonpublic information that is in the possession, custody, or control of a licensee that is an insurer, or in the possession, custody, or control of the insurer’s third-party service provider, and for which a consumer accessed the insurer’s services through an independent insurance producer, the insurer shall notify the insurance producer of record of each consumer affected by the cybersecurity event no later than the date on which notice is provided to affected consumers pursuant to section 507F.7. An insurer shall not be required to notify an insurance producer that is not authorized by law or contract to sell, solicit, or negotiate on behalf of the insurer, or in a circumstance in which the insurer does not have current contact information for the producer of record for a specific affected consumer.
2021 Acts, ch 79, §11, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.13 - Applicability.

507F.13 Applicability.
1. This chapter shall not apply to a licensee that is subject to, and in compliance with, the Health Insurance Portability and Accountability Act. The licensee shall annually submit to the commissioner a written certification of the licensee’s compliance with HIPAA.
2. This chapter shall not apply to a licensee that is owned or controlled by a federally insured depository institution that is subject to, and in compliance with, the Gramm-Leach-Bliley Act or comparable federal law and corresponding regulations.
3. A licensee shall have one hundred eighty days from the date the licensee no longer qualifies for exemption under subsection 1 or 2 to comply with this chapter.
2021 Acts, ch 79, §13, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.15 - Rules and enforcement.

507F.15 Rules and enforcement.
1. The commissioner may adopt rules pursuant to chapter 17A as necessary to administer this chapter.
2. The commissioner may take any enforcement action under the commissioner’s authority to enforce compliance with this chapter.
2021 Acts, ch 79, §15, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 507F - INSURANCE DATA SECURITY › Section 507F.16 - Severability.

507F.16 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
2021 Acts, ch 79, §16, 17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 508 - LIFE INSURANCE COMPANIES › Section 508.1 - Level premium and natural premium plan companies.

508.1 Level premium and natural premium plan companies.
Every life insurance company upon the level premium or the natural premium plan, created under the laws of this or any other state or country, shall, before issuing policies in the state, comply with the provisions of this chapter applicable to such companies.
[C73, §1161; C97, §1768; S13, §1768; C24, 27, 31, 35, 39, §8643; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §508.1]