375.1208. Form of proof of claim--liquidator may request additional information--effect of incomplete information. - Missouri Statutes

Form of proof of claim--liquidator may request additionalinformation--effect of incomplete information.

375.1208. 1. Proof of claim shall consist of a statementsigned by the claimant that includes all of the following thatare applicable:

(1) The basis of the claim including the considerationgiven 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 isno setoff, counterclaim or defense to the claim;

(5) Any right of priority of payment or other specificrights asserted by the claimants;

(6) A copy of the written instrument on which the claim isbased; and

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

2. No claim need be considered or allowed if it does notcontain all the information in subsection 1 of this section whichmay be applicable. The liquidator may require that a prescribedform be used, and may require that other information anddocuments be included. The court before which the liquidationproceedings are pending may establish by court order or localcourt rule additional claims procedures which are not contrary tothe provisions of law or supreme court rule.

3. At any time the liquidator may request the claimant topresent information or evidence supplementary to that requiredunder subsection 1 of this section and may take testimony underoath, require production of affidavits or depositions, orotherwise obtain additional information or evidence.

4. No judgment or order against an insured or the insurerentered after the date of filing of a successful petition forliquidation, and no judgment or order against an insured or theinsurer entered at any time by default or by collusion need beconsidered as evidence of liability or of the amount of damages.No judgment or order against an insured or the insurer enteredwithin four months before the filing of the petition need beconsidered as evidence of liability or of the amount of damages.

5. All claims of a guaranty association or foreign guarantyassociation shall be in such form and contain such substantiationas may be agreed to by the association and the liquidator.

(L. 1991 H.B. 385, et al. § 85)