Texas Insurance Code 443.252 – 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.
Terms Used In Texas Insurance Code 443.252
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.