2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION
507C.36 - PROOF OF CLAIM.

        507C.36  PROOF OF CLAIM.
         1.  Proof of claim shall consist of a statement signed by the
      claimant that includes all of the following that are applicable:
         a.  The particulars of the claim including the consideration
      given for it.
         b.  The identity and amount of the security on the claim.
         c.  The payments, if any, made on the debt.
         d.  A statement that the sum claimed is justly owing and that
      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.  A copy of the written instrument which is the foundation
      of the claim.
         g.  The name and address of the claimant and the attorney who
      represents the claimant, if any.
         2.  A claim need not be considered or allowed if it does not
      contain all the information in subsection 1 which is applicable.  The
      liquidator may require that a prescribed form be used and may require
      that other information and documents be included.
         3.  At any time the liquidator may request the claimant to present
      information or evidence supplementary to that required under
      subsection 1 and may take testimony under oath, require production of
      affidavits or depositions, or otherwise obtain additional information
      or evidence.
         4.  A judgment or order against an insured or the insurer entered
      after the date of filing of a successful petition for liquidation, or
      a judgment or order against an insured or the insurer entered at any
      time by default or by collusion need not be considered as evidence of
      liability or of quantum of damages.  A judgment or order against an
      insured or the insurer entered within four months before the filing
      of the petition need not be considered as evidence of liability or of
      the quantum of damages.
         5.  Claims of a guaranty association or foreign guaranty
      association shall be in the form and contain the substantiation as
      may be agreed to by the association and the liquidator.  
         Section History: Recent Form
         84 Acts, ch 1175, § 36
         Referred to in § 507C.22, 507C.35, 507C.56

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