(1) The claims form shall consist of a statement sworn to and signed by the claimant which includes all of the following when applicable:
(a) The particulars of the claim, including the consideration given for it;
(b) identification and amount of the security involved in the claim;
(c) payments made on the debt, if any;
(d) that the sum claimed is legitimately owed and that there is no set-off, counterclaim, or defense to the claim;
(e) any right of priority of payment or other specific rights alleged by the claimant;
(f) a copy of the written instrument on which the claim is founded, and
(g) name and address of the claimant and his/her legal representative, if any.
(2) No claim shall be considered or allowed if it does not contain all applicable information stipulated in subsection (1) of this section. The liquidator may require that a form prescribed by him/her be used and that other information and documentation be included.
(3) The liquidator may require at any time that the claimant submit information or evidence supplementary to that which is required by subsection (1) of this section and may take testimony under oath or pledge, require the production of statements, or otherwise obtain additional information or evidence.
(4) No judgment or order against the insured or the insurer entered after the filing of a successful petition for liquidation, nor any judgment or order against the insured or the insurer entered at any time by default or collusion, will have to be considered as evidence of liability or of quantum of damages. No judgment or order against the insured or the insurer issued within four months prior to the filing of the petition will have to be considered as evidence of liability or of the quantum of damages.
(5) All claims of a guaranty association or a foreign guaranty association shall be in such form and shall contain the proof agreed upon by the association and the liquidator.
History —Ins. Code, added as § 40.330 on Aug. 17, 1991, No. 72, § 1; Dec. 14, 2007, No. 206, § 33.