Sec. 34. (a) Proof of a 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.

Terms Used In Indiana Code 27-9-3-34

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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 that is the foundation of the claim.

(7) The name and address of the claimant and the attorney who represents him, if any.

     (b) A claim need not be considered or allowed if it does not contain all the information in subsection (a) that is applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included.

     (c) At any time, the liquidator may:

(1) request the claimant to present information or evidence supplementary to that required by subsection (a);

(2) take testimony under oath;

(3) require production of affidavits or depositions; or

(4) obtain additional information or evidence necessary.

     (d) The following do not need to be considered as evidence of liability or the measure of damages:

(1) A judgment or order against an insured or the insurer entered after the date of filing a successful petition for liquidation.

(2) A judgment or order against an insured or the insurer entered at any time by default or by collusion.

(3) A judgment or order against an insured or the insurer entered not more than four (4) months before the filing of the petition.

     (e) All claims of a guaranty association or foreign guaranty association must be in a form and contain substantiation as may be agreed to by the association and the liquidator.

As added by Acts 1979, P.L.255, SEC.1.

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