§ 27-9-3-34 — Content of proof of claim

(a) Proof of a 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
setoff, 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 written instrument that is the foundation of the
claim.
(7) The name and address of the claimant and the attorney who
represents him, if any.
(b) A claim need not be considered or allowed if it does not contain
all the information in subsection (a) that is 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:
(1) request the claimant to present information or evidence
supplementary to that required by subsection (a);
(2) take testimony under oath;
(3) require production of affidavits or depositions; or
(4) obtain additional information or evidence necessary.
(d) The following do not need to be considered as evidence of
liability or the measure of damages:
(1) A judgment or order against an insured or the insurer entered
after the date of filing a successful petition for liquidation.
(2) A judgment or order against an insured or the insurer entered
at any time by default or by collusion.
(3) A judgment or order against an insured or the insurer entered
not more than four (4) months before the filing of the petition.
(e) All claims of a guaranty association or foreign guaranty
association must be in a form and contain substantiation as may be
agreed to by the association and the liquidator.
As added by Acts 1979, P.L.255, SEC.1.