§ 10-3-535 — Proof of claim

(1) Proof of claim shall consist of a statement
signed by the claimant that includes all of the following that are applicable:

(a) The particulars of the claim, including the consideration given for it;

(b) The identity and amount of the security on the claim;

(c) The payments made on the debt, if any;

(d) That the sum claimed is justly owing and that there is no setoff,
counterclaim, or defense to the claim;

(e) Any right of priority of payment or other specific right asserted by the
claimant;

(f) A copy of the written instrument which is the foundation of the claim; and

(g) The name and address of the claimant and of the attorney, if any, who
represents the claimant.

(2) No claim needs to be considered or allowed if it does not contain all the
information specified in subsection (1) 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.

(3) The liquidator may, at any time, request the claimant to present
information or evidence supplementary to that required under subsection (1) of this
section and may take testimony under oath, require production of affidavits or
depositions, or otherwise obtain additional information or evidence.

(4) 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,
needs to be considered as evidence of liability or of quantum of damages. No
judgment or order against an insured or the insurer entered within the four-month
period immediately preceding the filing of the petition needs be considered as
evidence of liability or of the quantum of damages.

(5) All claims of a guaranty association or foreign guaranty association shall
be in such form and shall contain such substantiation as may be agreed to by the
association and the liquidator.

Legislative History

Source: L. 92: Entire part R&RE, p. 1471, � 14, effective July 1.