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Kentucky · Snapshot 09/05/2026

KRS 304.33-370: Proof of claim.

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    (1) Contents of proof of claim.

    (a) Proof of claim shall consist of a verified statement 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

    claimant.

    6. A copy of any written instrument which is the foundation of the claim.

    7. In the case of any third -party claim based on a liability policy issued by

    the insurer, a conditional release of the insured pursuant to subsection

    (1) of KRS 304.33-390.

    8. The name and address of the claim ant and the attorney who represents

    him, if any.

    (b) No claim need be considered or allowed if it does not contain all the

    information under paragraph (a) of this subsection which may be applicable.

    The liquidator may require that a prescribed form be use d and may require

    that other information and documents be included.

    (2) Supplementary information. At any time the liquidator may request the claimant to

    present information or evidence supplementary to that required under subsection (1)

    of this section, and may take testimony under oath, require production of affidavits

    or depositions or otherwise obtain additional information or evidence.

    (3) Conclusiveness of judgments. No judgment or order against an insured or the

    insurer entered after the filing of a successful petition for liquidation and no

    judgment or order against an insured or the insurer entered at any time by default or

    by collusion need be considered as evidence of liability or of quantum of damages.

    No judgment or order against an insured or the insurer entered within four (4)

    months before the filing of the petition need be considered as evidence of liability

    or of the quantum of damages.

    Collected 2026-09-05T20:57:55Z. Source file · JSON

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