(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.