Proof of claim shall consist of a statement signed by the claimant or on behalf of the claimant that includes all of the following that are applicable:
Terms Used In Utah Code 31A-27a-602
Affected guaranty association: means a guaranty association that is or may become liable for payment of a covered claim. See Utah Code 31A-27a-102
Counterclaim: A claim that a defendant makes against a plaintiff.
Deadline: means a final date or time:
(a)
imposed by:
(i)
statute;
(ii)
rule; or
(iii)
order; and
(b)
by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
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.
Form: means one of the following prepared for general use:
a similar mechanism in another state that is created for the payment of claims or continuation of policy obligations of a financially impaired or insolvent insurer. See Utah Code 31A-27a-102
insurer: means a person who:
(a)
is doing, has done, purports to do, or is licensed to do the business of insurance;
(b)
is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or
certificate of interest or participation in a profit-sharing agreement;
(vii)
collateral-trust certificate;
(viii)
preorganization certificate or subscription;
(ix)
transferable share;
(x)
investment contract;
(xi)
voting trust certificate;
(xii)
certificate of deposit for a security;
(xiii)
certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
(xiv)
commodity contract or commodity option;
(xv)
certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
(xvi)
another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)
the particulars of the claim including the consideration given for the claim;
(b)
the identity and amount of the security on the claim;
(c)
the payments made on the debt, if any;
(d)
that the sum claimed is justly owing and 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)
the name and address of the claimant and the attorney, if any, who represents the claimant; and
(g)
the claimant’s Social Security number or federal employer identification number.
(2)
The liquidator may require that:
(a)
a prescribed form be used under this section; and
(b)
other information and documents be included.
(3)
At any time the liquidator may:
(a)
require the claimant to present information or evidence supplementary to that required under Subsection (1);
(b)
take testimony under oath;
(c)
require production of one or more affidavits or depositions; or
(d)
otherwise obtain additional information or evidence.
(4)
(a)
An affected guaranty association may file a single omnibus proof of claim for all claims of the affected guaranty association in connection with payment of claims of the insurer.
(b)
The omnibus proof of claim may be periodically updated by the affected guaranty association without regard to the deadline specified in Subsection 31A-27a-601(1).
(c)
An affected guaranty association may be required to submit a reasonable amount of documentation in support of the claim.
