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Texas Insurance Code - Section 442.202. Form And Content Of Proof Of Claim

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§ 442.202. FORM AND CONTENT OF PROOF OF CLAIM.  (a) A 
proof of claim must be in writing and signed by the claimant and 
must include:
		(1)  a statement of the claim;                                                
		(2)  a description of the consideration for the claim;                        
		(3)  a statement of whether securities are held as 
consideration for the claim and, if so, a description of the 
securities;
		(4)  a statement of any right of priority of payment for 
the claim or other specific right asserted by the claimant;
		(5)  a statement of whether a payment has been made on 
the claim and, if so, a description of the payment made and the 
source of the payment;
		(6)  a statement that the amount claimed is justly owed 
by the insurer to the claimant;  and
		(7)  any other matter that is required by the court in 
which the receivership is pending.
	(b)  A proof of claim must be in a form prescribed by the 
receiver, except that the receiver may accept a proof of claim on a 
form:
		(1)  used for proof of claim by the insurer before the 
receivership;  or    
		(2)  prepared or accepted by a receiver or a guaranty 
fund in another state, if the receiver in this state is an ancillary 
receiver.
	(c)  A proof of claim must be made under oath, unless the 
receiver waives the oath.
	(d)  A written instrument on which a claim is based must be 
presented with a proof of claim unless lost or destroyed.  After the 
instrument is presented and until final disposition of the claim, 
the receiver may permit the claimant to substitute a copy of the 
instrument.  If the instrument is lost or destroyed, a statement of 
that fact and of the circumstances of the loss or destruction must 
be made under oath and presented with the claim.
	(e)  The receiver may accept from each authorized guaranty 
association a single proof of claim combining all claims and 
related administrative expenses assigned to that association.  A 
proof of claim presented by a guaranty association must contain any 
other information the receiver requires.

Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007.           

Last modified: August 10, 2007