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304.33-370 Proof of claim.
(1)
(2)
(3)
Contents of proof of claim.
(a) Proof of claim shall consist of a verified statement 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
claimant.
6.
A copy of any 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
subsection (1) of KRS 304.33-390.
8.
The name and address of the claimant and the attorney who
represents him, if any.
(b) No claim need be considered or allowed if it does not contain all the
information under paragraph (a) of this subsection which may be
applicable. The liquidator may require that a prescribed form be used and
may require that other information and documents be included.
Supplementary information. 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.
Conclusiveness of judgments. No judgment or order against an insured or the
insurer entered after the 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. No judgment or order against an insured or the insurer
entered within four (4) months before the filing of the petition need be
considered as evidence of liability or of the quantum of damages.
Effective:June 18, 1970
History: Created 1970 Ky. Acts ch. 301, subtit. 33, sec. 37, effective June 18,
1970.
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