Indiana Code
Chapter 3. Formal Proceedings
27-9-3-34. Content of Proof of Claim

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.
(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.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 9. Supervision; Rehabilitation; Liquidation

Chapter 3. Formal Proceedings

27-9-3-0.1. Application of Certain Amendments to Chapter

27-9-3-1. Petition to Rehabilitate Insurer

27-9-3-2. Order to Rehabilitate Insurer

27-9-3-3. Rehabilitator; Personnel; Term; Compensation; Powers; Plan

27-9-3-4. Pending Actions; Protection of Insurer After Rehabilitation Order

27-9-3-5. Petition for Liquidation; Termination of Rehabilitation

27-9-3-6. Basis for Liquidation

27-9-3-7. Order to Liquidate; Content; Effect; Declaration of Insolvency; Accounting

27-9-3-8. Termination of Insurance Coverage

27-9-3-9. Dissolution of Corporate Existence; Authorized Acts of Liquidator

27-9-3-10. Notice of Liquidation by Liquidator

27-9-3-11. Notice of Liquidation by Insurance Producers to Policyholders

27-9-3-12. Actions After Liquidation Orders

27-9-3-13. Listing of Assets

27-9-3-14. Transfers Made or Obligations Incurred as Fraudulent

27-9-3-15. Transfers After Petition; Validity

27-9-3-16. Preferences

27-9-3-17. Transfers; Time Perfected

27-9-3-18. Liens

27-9-3-19. Transfers on Account of New and Contemporaneous Consideration

27-9-3-20. Liens Dissolved by Furnishing Bond; Effect of Voidable Lien

27-9-3-21. Discharge From Voidable Lien

27-9-3-22. Jurisdiction of Marion County Circuit Court Under This Chapter

27-9-3-23. Discharge of Surety Under Releasing Bond

27-9-3-24. Extension of Unsecured Credit by Preferred Creditor

27-9-3-25. Payment to Attorney for Services

27-9-3-26. Personal Liability Relating to Improper Preferences

27-9-3-27. Claims by Creditors Holding Voidable Preferences

27-9-3-28. Setoff of Mutual Debts or Credits

27-9-3-29. Liquidator's Report; Assessment of Members

27-9-3-30. Repealed

27-9-3-30.1. Reinsurance; Method of Payment Upon Liquidation

27-9-3-31. Liability for Payment of Premiums by Insured and Person Other Than Insured; Penalties

27-9-3-32. Proposal to Disburse Assets

27-9-3-33. Filing Proof of Claims

27-9-3-34. Content of Proof of Claim

27-9-3-34.5. Administration of Large Deductible Worker's Compensation Policy

27-9-3-35. Claims Subject to Contingencies

27-9-3-36. Claims by Insured or by Third Party

27-9-3-37. Denial of Claim; Objections; Hearing

27-9-3-38. Claims in Name of Secured Creditors

27-9-3-39. Valuation of Security Held by Secured Creditor

27-9-3-40. Priority of Distribution of Claims

27-9-3-40.5. Segregated Investment Accounts

27-9-3-41. Settlement of Claims; Report of Unresolved Claims; Action of Court on Report

27-9-3-42. Payment of Distributions

27-9-3-43. Deposit of Unclaimed Funds

27-9-3-44. Discharge of Liquidator

27-9-3-45. Reopening of Proceedings

27-9-3-46. Destruction of Records

27-9-3-47. Audit of Books of Commissioner Relating to Receivership