Section 375.1208

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 1991   

  375.1208.  Form of proof of claim — liquidator may request additional information — effect of incomplete information. — 1.  Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable:

  (1)  The basis 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 rights asserted by the claimants;

  (6)  A copy of the written instrument on which the claim is based; and

  (7)  The name and address of the claimant and the attorney who represents him, if any.

  2.  No claim need be considered or allowed if it does not contain all the information in subsection 1 of this section which may be applicable.  The liquidator may require that a prescribed form be used, and may require that other information and documents be included.  The court before which the liquidation proceedings are pending may establish by court order or local court rule additional claims procedures which are not contrary to the provisions of law or supreme court rule.

  3.  At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection 1 of this section 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 shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator.

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(L. 1991 H.B. 385, et al. § 85)