(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:
- (a) the particulars of the claim including the consideration given for the claim;
- (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 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) the name and address of the claimant and the attorney, if any, who represents the claimant; and
- (g) the claimant's Social Security number or federal employer identification number.
(2) The liquidator may require that:
- (a) a prescribed form be used under this section; and
- (b) other information and documents be included.
(3) At any time the liquidator may:
- (a) require the claimant to present information or evidence supplementary to that required under Subsection (1);
- (b) take testimony under oath;
- (c) require production of one or more affidavits or depositions; or
- (d) otherwise obtain additional information or evidence.
(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.
- (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).
- (c) An affected guaranty association may be required to submit a reasonable amount of documentation in support of the claim.
Enacted by Chapter 309, 2007 General Session