A. All claims against an insurer against which delinquency proceedings have been begun shall set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is based and the priorities asserted, if any. All such claims shall be verified by the affidavit of the claimant, or someone authorized to act on his behalf and having knowledge of the facts, and shall be supported by such documents as may be material thereto.
B. All claims filed in this state shall be filed with the receiver, whether domiciliary or ancillary, in this state, on or before the last date for filing as specified in this article.
C. Within ninety days after the claims bar date, or within such further period as the court may, for good cause shown, fix, the receiver shall report the claim to the court, specifying in the report his recommendation with respect to the action to be taken thereon. Upon receipt of the report, the court shall fix a time for hearing the claim and shall direct that the claimant or the receiver, as the court specifies, shall give such notice as the court determines to such persons as appear to the court to be interested therein. All such notices shall specify the time and place of the hearing and shall concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.
D. At the hearing, all persons interested shall be entitled to appear and the court shall enter an order allowing, allowing in part or disallowing the claim. Any such order shall be deemed to be an appealable order.
Notes of Decisions
Trimble v. Am. Sav. Life Ins., 733 P.2d 1131 (Ariz. Ct. App. 1986).
· cites it 4× “It claims this right on two theories: these are elements of the securities statutes which must be proven by a plaintiff, or they are affirmative defenses, which the defendant must have an opportunity to present as a matter of due process; and, the insurance rescission statute,…”
Academy Life Ins. v. Odiorne, 797 P.2d 727 (Ariz. Ct. App. 1990).
· cites it 5× “the facts upon which the claim is based____” A.R.S. § 20-628 (1990). “A creditor must do more than put the receiver on inquiry as to his claim; he must file proof in itself satisfactory____” 75 C.”
Pioneer Annuity Life Ins. v. Rich, 880 P.2d 682 (Ariz. Ct. App. 1994).
· cites it 2× “As the Arizona Supreme Court has noted, however, “[liquidation proceedings require all claims against the insurer to be filed with the receiver, AR.S. § 20-628(A), and prevent individual actions against the insurer, AR.”
State v. Arizona Pension Plan., 739 P.2d 1373 (Ariz. 1987).
· cites it 2× “Liquidation proceedings require all claims against the insurer to be filed with the receiver, A.R.S. § 20-628(A), and prevent individual actions against the insurer, A.”
Irwin v. Pac. Am. Life Ins. Co., 457 P.2d 736 (Ariz. Ct. App. 1969).
“For example, § 20-628 subsec. B states and assumes time limits can be set: “All claims filed in this state [in delinquency proceedings] shall be filed * * * on or before the last date of filing as specified in this article.”
— Ariz. Rev. Stat. § 20-628(A) — 2 cases
Pioneer Annuity Life Ins. v. Rich, 880 P.2d 682 (Ariz. Ct. App. 1994).
“As the Arizona Supreme Court has noted, however, “[liquidation proceedings require all claims against the insurer to be filed with the receiver, AR.S. § 20-628(A), and prevent individual actions against the insurer, AR.”
State v. Arizona Pension Plan., 739 P.2d 1373 (Ariz. 1987).
“Liquidation proceedings require all claims against the insurer to be filed with the receiver, A.R.S. § 20-628(A), and prevent individual actions against the insurer, A.”
— Ariz. Rev. Stat. § 20-628(D) — 1 case
Academy Life Ins. v. Odiorne, 797 P.2d 727 (Ariz. Ct. App. 1990).
“the facts upon which the claim is based____” A.R.S. § 20-628 (1990). “A creditor must do more than put the receiver on inquiry as to his claim; he must file proof in itself satisfactory____” 75 C.”
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