§ 27-14.3-40 - Proof of claim.
SECTION 27-14.3-40
§ 27-14.3-40 Proof of claim. – (a) Proof of claim shall consist of a statement signed by the claimant thatincludes all of the following that are applicable:
(1) The particulars of the claim including the considerationgiven 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 nosetoff, counterclaim, or defense to the claim;
(5) Any right of priority of payment or other specific rightasserted by the claimants;
(6) A copy of the written instrument which is the foundationof the claim;
(7) The name and address of the claimant and the attorney whorepresents the claimant, if any; and
(8) The social security or federal employer identificationnumber of the claimant.
(b) No claim need be considered or allowed if it does notcontain all the information in subsection (a) which may be applicable. Theliquidator may require that a prescribed form be used, and may require thatother information and documents be included.
(c) At any time the liquidator may request the claimant topresent information or evidence supplementary to that required under subsection(a) and may take testimony under oath, require production of affidavits ordepositions, or otherwise obtain additional information or evidence.
(d) No judgment or order against an insured or the insurerentered after the date of filing of a successful petition for liquidation, andno judgment or order against an insured or the insurer entered at any time bydefault or by collusion need be considered as evidence of liability or ofquantum of damages. No judgment or order against an insured or the insurerentered within four (4) months before the filing of the petition needs to beconsidered as evidence of liability or of the quantum of damages.
(e) A guaranty association shall be permitted to file asingle omnibus proof of claim for all claims of the association in connectionwith payment of claims of the insolvent insurer. The omnibus proof of claim maybe periodically updated by the association, and the association may be requiredto submit a reasonable amount of documentation in support of the claim.