2006 Utah Code - 31A-27-330 — Special claims.

     31A-27-330.   Special claims.
     (1) The claim of a third party that is contingent only on first obtaining a judgment against the insured shall be considered and allowed or disallowed as if there were no such contingency.
     (2) Any claim that would have become absolute if there had been no termination of coverage under Section 31A-27-311, and which was not covered by insurance acquired to replace the terminated coverage, shall be allowed as if the coverage had remained in effect, unless at least ten days before the insured event occurred either the claimant had actual notice of the termination or notice was mailed to the claimant as prescribed by Section 31A-27-315. If allowed, the claim shall share in distributions under Subsection 31A-27-335(2)(f).
     (3) A claim may be proved, allowed, and adjudicated even if it is contingent, unliquidated, or immature, if:
     (a) it is filed in accordance with Section 31A-27-329;
     (b) it is filed within the time limit described in Section 31A-27-328; and
     (c) it is proved and estimated in accordance with Section 31A-27-330.5.
     (4) A guaranty fund or association may file a claim with the liquidator for all claims to which the fund has been subrogated.
     (5) Claims made under employment contracts by directors, principal officers, or persons who, in fact, perform similar functions or have similar powers, are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Section 31A-27-303 or 31A-27-310.
     (6) An insurer may not exercise any right of subrogation against an insolvent insurer's insured if exercise of the right would require the insured, or a guaranty fund under Chapter 28, to pay an amount the insolvent insurer is obligated to pay under an insurance policy issued to the insured.

Amended by Chapter 9, 1996 Special Session 2