Sec. 38a-938. (Formerly Sec. 38-456). Proof of claim.
Sec. 38a-938. (Formerly Sec. 38-456). Proof of claim. (a) Proof of claim shall
consist of a statement signed by the claimant that includes all of the following that are
applicable: (1) The particulars of the claim including the consideration given for it; (2)
the identity and amount of the security on the claim; (3) the payments made on the debt,
if any; (4) that the sum claimed is justly owing and that there is no set-off, counterclaim,
or defense to the claim; (5) any right of priority of payment or other specific right asserted
by the claimants; (6) a copy of any written instrument which is the foundation of the
claim; (7) the name and address of the claimant and the attorney who represents him,
if any; and (8) the Social Security or federal employer identification number of the
claimant.
(b) No claim need be considered or allowed if it does not contain all the information
in subsection (a) of this section which may be applicable. The liquidator may require
that a prescribed form be used and may require that other information and documents
be included.
(c) At any time the liquidator may request the claimant to present information or
evidence supplementary to that required under subsection (a) of this section and may
take testimony under oath, require production of affidavits or depositions or otherwise
obtain additional information or evidence.
(d) No judgment or order against an insured or the insurer entered after the date of
filing of a successful petition for liquidation, and no judgment or order against an insured
or the insurer entered at any time by default or by collusion, need be considered as
evidence of liability or of quantum of damages. No judgment or order against an insured
or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.
(e) A guaranty association shall be permitted to file a single omnibus proof of claim
for all claims of the association in connection with payment of claims of the insolvent
insurer. The omnibus proof of claim shall be periodically updated by the association, and
the liquidator may require the association to submit a reasonable amount of supporting
documentation.
(P.A. 79-382, S. 36; P.A. 80-483, S. 113, 186; P.A. 92-93, S. 26; P.A. 98-214, S. 17.)
History: P.A. 80-483 made technical change in Subsec. (c), substituting "section" for "act"; Sec. 38-456 transferred to
Sec. 38a-938 in 1991; P.A. 92-93 made technical correction in Subsec. (a) for statutory consistency; P.A. 98-214 amended
Subsec. (a) to add new Subdiv. (8) re Social Security or federal employer identification number of claimant, and replaced
former Subsec. (e) with new language allowing a guaranty association to file a single omnibus proof of claim.