North Dakota § 26.1-06.1-35 Proof of claim

North Dakota Statutes

§ 26.1-06.1-35 — Proof of claim

North Dakota § 26.1-06.1-35

Title 26.1Insurance

Ch. 26.1-06.1Insurance Company Rehabilitation and Liquidation

This text of North Dakota § 26.1-06.1-35 (Proof of claim) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-06.1-35 (2026).

Text

1.Proof of claim must 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 claimants;

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

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

2.No claim need be considered or allowed if it does not contain all the information in subsection 1 which may be applicable. The liqui

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1. Proof of claim must 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 claimants;
f. A copy of the written instrument which is the foundation of the claim; and
g. The name and address of the claimant and the attorney who represents the
claimant, if any.
2. No claim need be considered or allowed if it does not contain all the information in
subsection 1 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. At any time the liquidator may request the claimant to present information or evidence
supplementary to that required under subsection 1 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 need be considered as
evidence of liability or of the amount 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 amount of damages.
5. All claims of a guaranty association or foreign guaranty association must be in such
form and contain such substantiation as may be agreed to by the association and the
liquidator.