Section 221.38 - Proof of claim(a) Proof of 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 which is the foundation of the claim;(7) in the case of any third party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to section 540(a) ; and(8) the name and address of the claimant and the attorney who represents him, if any. No claim need be considered or allowed if it does not contain all the foregoing information which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included.
(b) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.(c) 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 quantum of damages.(d) A claim of a guaranty association for reimbursement of payments made for the payments of covered claims and for expenses shall be in such form and contain such substantiation as may be agreed to by the guaranty association and the liquidator subject to review by the Commonwealth Court.1921, May 17, P.L. 789, art. V, § 538, added 1977, Dec. 14, P.L. 280, No. 92, § 2, imd. effective.