§ 31A-27a-602 — Proof of claim.

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

(1)(a) the particulars of the claim including the consideration given for the claim;
(1)(b) the identity and amount of the security on the claim;
(1)(c) the payments made on the debt, if any;
(1)(d) that the sum claimed is justly owing and there is no setoff, counterclaim, or defense to the claim;
(1)(e) any right of priority of payment or other specific right asserted by the claimant;
(1)(f) the name and address of the claimant and the attorney, if any, who represents the claimant; and
(1)(g) the claimant's Social Security number or federal employer identification number.
(2) The liquidator may require that:

(2)(a) a prescribed form be used under this section; and
(2)(b) other information and documents be included.
(3) At any time the liquidator may:

(3)(a) require the claimant to present information or evidence supplementary to that required under Subsection (1);
(3)(b) take testimony under oath;
(3)(c) require production of one or more affidavits or depositions; or
(3)(d) otherwise obtain additional information or evidence.
(4) (4)(a) An affected guaranty association may file a single omnibus proof of claim for all claims of the affected guaranty association in connection with payment of claims of the insurer.
(4)(b) The omnibus proof of claim may be periodically updated by the affected guaranty association without regard to the deadline specified in Subsection 31A-27a-601(1).
(4)(c) An affected guaranty association may be required to submit a reasonable amount of documentation in support of the claim.

Legislative History

Enacted by Chapter 309, 2007 General Session