Iowa Code
Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION
Section 507C.35 - Filing of claims.

507C.35 Filing of claims.
1. Proof of all claims shall be filed with the liquidator in the form required by section 507C.36 on or before the last day for filing specified in the notice required under section 507C.22. However, proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.
2. The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to the extent that the payment will not prejudice the orderly administration of the liquidation under any of the following circumstances:
a. The existence of the claim was not known to the claimant and that the claimant filed the claim as promptly thereafter as reasonably possible after learning of it.
b. A transfer to a creditor was avoided under sections 507C.26 through 507C.28, or was voluntarily surrendered under section 507C.29, and that the filing satisfies the conditions of section 507C.29.
c. The valuation under section 507C.41 of security held by a secured creditor shows a deficiency, which is filed within thirty days after the valuation.
3. The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if the claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where the payments were made and expenses incurred as provided by law.
4. The liquidator may consider any claim filed late which is not covered by subsection 2, and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive at each distribution the same percentage of the amount allowed on the claim as is then being paid to claimants of any lower priority. This shall continue until the claim has been paid in full.
84 Acts, ch 1175, §35
Referred to in §507C.29, 507C.37, 507C.56

Structure Iowa Code

Iowa Code

Title XIII - COMMERCE

Chapter 507C - INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION

Section 507C.1 - Short title — construction — purpose.

Section 507C.2 - Definitions.

Section 507C.3 - Applicability.

Section 507C.4 - Jurisdiction and venue.

Section 507C.5 - Injunctions and orders.

Section 507C.6 - Cooperation of officers, owners, and employees — penalty.

Section 507C.7 - Bonds.

Section 507C.8 - Continuation of delinquency proceedings.

Section 507C.8A - Condition on release from delinquency proceedings.

Section 507C.9 - Summary orders and supervision proceedings — penalty.

Section 507C.10 - Seizure order.

Section 507C.11 - Confidentiality of hearings.

Section 507C.12 - Grounds for rehabilitation.

Section 507C.13 - Rehabilitation orders.

Section 507C.14 - Powers and duties of rehabilitator.

Section 507C.15 - Actions by and against rehabilitator.

Section 507C.16 - Termination of rehabilitation.

Section 507C.17 - Grounds for liquidation.

Section 507C.17A - Rehabilitation or liquidation of certain covered domestic insurers.

Section 507C.18 - Liquidation orders.

Section 507C.19 - Continuance of coverage.

Section 507C.20 - Dissolution or sale of insurer.

Section 507C.20A - Redomestication of foreign insurer.

Section 507C.21 - Powers of liquidator.

Section 507C.22 - Notice to creditors and others.

Section 507C.23 - Duties of agents.

Section 507C.24 - Actions by and against liquidator.

Section 507C.25 - Collection and list of assets.

Section 507C.26 - Fraudulent transfers prior to petition.

Section 507C.27 - Fraudulent transfer after petition.

Section 507C.28 - Voidable preferences and liens.

Section 507C.28A - Qualified financial contracts.

Section 507C.29 - Claims of holders of void or voidable rights.

Section 507C.30 - Setoffs.

Section 507C.31 - Assessments.

Section 507C.32 - Reinsurer’s liability.

Section 507C.33 - Recovery of premiums owed.

Section 507C.34 - Domiciliary liquidator’s proposal to distribute assets.

Section 507C.35 - Filing of claims.

Section 507C.36 - Proof of claim.

Section 507C.37 - Special claims.

Section 507C.38 - Special provisions for third-party claims.

Section 507C.39 - Disputed claims.

Section 507C.40 - Claims of other person.

Section 507C.41 - Secured creditor’s claims.

Section 507C.42 - Priority of distribution.

Section 507C.43 - Liquidator’s recommendations to court.

Section 507C.44 - Distribution of assets.

Section 507C.45 - Unclaimed and withheld funds.

Section 507C.46 - Termination of proceedings.

Section 507C.47 - Reopening liquidation.

Section 507C.48 - Disposition of records during and after termination of liquidation.

Section 507C.49 - External audit of receiver’s books.

Section 507C.50 - Conservation of property of foreign or alien insurers found in this state.

Section 507C.51 - Liquidation of property of foreign or alien insurers found in this state.

Section 507C.52 - Domiciliary liquidators in other states.

Section 507C.53 - Ancillary formal proceedings.

Section 507C.54 - Ancillary summary proceedings.

Section 507C.55 - Claims of nonresidents against insurers domiciled in this state.

Section 507C.56 - Claims of residents against insurers domiciled in reciprocal states.

Section 507C.57 - Attachment, garnishment, and levy of execution.

Section 507C.58 - Interstate priorities.

Section 507C.59 - Subordination of claims for noncooperation.

Section 507C.60 - Suspension of certificate of authority.