2006 Utah Code - 31A-27-329 — Proof of claim.

     31A-27-329.   Proof of claim.
     (1) (a) A proof of claim consists of a verified statement that includes all of the following that are applicable:
     (i) the particulars of the claim, including the consideration given for it;
     (ii) the identity and amount of the security on the claim;
     (iii) the payments made on the debt, if any;
     (iv) that the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim;
     (v) any right of priority of payment or other specific right asserted by the claimant;
     (vi) a copy of any written instrument which is the foundation of the claim; and
     (vii) the name and address of the claimant and the attorney, if any, who represents the claimant.
     (b) No claim may be considered or allowed if it does not contain all the applicable information under Subsection (1) (a). The liquidator may require that a prescribed form be used and may require that other information and documents be included.
     (2) 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 the production of affidavits, depositions, or otherwise obtain additional information or evidence.
     (3) 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 shall be considered as evidence of liability or the amount of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition is required to be considered as evidence of liability or the amount of damages.
     (4) Claims of guaranty funds or associations shall be in the form and contain the substantiation the liquidator requires.

Enacted by Chapter 242, 1985 General Session