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Texas Insurance Code - Not Codified - Section 21A.252. Proof Of Claim

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Sec. 21A.252. PROOF OF CLAIM.  (a) Proof of claim consists of
a statement signed by the claimant or on behalf of the claimant that
includes all of the following, as applicable:
	(1)  the particulars of the claim, including the
consideration given for it;
	(2)  the identity and amount of the security on the claim;
	(3)  the payments, if any, made on the debt;
	(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 claimant;
	(6)  the name and address of the claimant and the attorney,
if any, who represents the claimant;  and
	(7)  the claimant's social security or federal employer
identification number.
	(b)  The liquidator may require that:
	(1)  a prescribed form be used;  and
	(2)  other information and documents be included.
	(c)  At any time the liquidator may:
	(1)  require the claimant to present information or evidence
supplementary to that required under Subsection (a);  and
	(2)  take testimony under oath, require production of
affidavits or depositions, or otherwise obtain additional
information or evidence.
	(d)  Any guaranty association must be permitted to file a
single omnibus proof of claim for all claims of the association in
connection with payment of claims of the insurer.  The omnibus proof
of claim may be periodically updated by the association, and the
association may be required to submit a reasonable amount of
documentation in support of the claim.  A guaranty association's
claim under this subsection may include amounts for anticipated
payments after the closing of the receivership including incurred
but not reported claims.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007