40-3637. Same; proof of claim, form and information required; supplementary evidence and information may be required; judgments and orders; claims of guaranty associations.
40-3637
40-3637. Same; proof of claim, form and information required;supplementary evidence and information may be required; judgments and orders;claims of guaranty associations.(a) Proof of claim shall consist of a statement signed by theclaimant 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 setoff,counterclaim or defense to the claim;
(5) any right of priority of payment or other specific right asserted by theclaimants;
(6) a copy of the written instrument which is the foundation of the claim;and
(7) the names and addresses of the claimant and the attorney who representstheclaimant, if any.
(b) No claim need be considered or allowed if it does not contain all theinformation in subsection (a) which may be applicable. The liquidator mayrequire that a prescribed form be used, and may require that other informationanddocuments be included.
(c) At any time, the liquidator may request the claimant to presentinformation or evidence supplementary to that required under subsection (a) andmay 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 thedate of filing of a successful petition for liquidation, and no judgment ororder against an insured or the insurer entered at any time by default or bycollusion need be considered as evidence of liability or of quantum of damages.No judgment or order against an insured or the insurer entered within fourmonths before the filing of the petition need be considered as evidence ofliability or of the quantum of damages.
(e) All claims of a guaranty association or foreign guaranty associationshall be in such form and contain such substantiation as may be agreed to bythe association and the liquidator.
History: L. 1991, ch. 125, § 33; July 1.