215 ILCS 5/209
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XIII - Rehabilitation, Liquidation, Conservation And Dissolution Of Companies

 (from Ch. 73, par. 821)Sec. 209. Proof and allowance of claims.(1) The following provisions shall apply concerning proof and allowance of claims:(a) Proof of claim shall consist of a statement     signed by the claimant or on behalf of the claimant that includes all of the following that are applicable:(i) the particulars of the claim including the         consideration given for it;(ii) the identity and amount of the security on         the claim;(iii) the payments made on the debt, if any;(iv) that the sum claimed is justly owing and         that there is no setoff, counterclaim, or defense to the claim;(v) any right of priority of payment or other         specific right asserted by the claimant;(vi) the name and address of the claimant and the         attorney, if any, who represents the claimant; and(vii) the claimant's social security or federal         employer identification number.(b) The Director may require that a prescribed form     be used and may require that other information and documents be included.(c) At any time the Director may require the claimant     to present information or evidence supplementary to that required under paragraph (a) and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.(2) Whenever  a claim is based upon a document, the document, unless  lost or destroyed, shall be filed with the proof of claim. If the document is  lost or destroyed, a statement of that fact and of  the  circumstances of the loss or destruction shall be included in  the proof of claim.  A claim may be allowed even if contingent or unliquidated as of the date  fixed by the court  pursuant to subsection (a) of Section 194 if it is filed in accordance with  this subsection.  Except as otherwise provided in subsection (7), a proof of  claim required under this Section must identify a known loss or occurrence.(3) Upon the liquidation, rehabilitation, or conservation of  any  company which has issued policies insuring the lives of persons, the  Director shall, within a reasonable time, after the last day set for the  filing of claims, make a list of the persons who have not filed proofs of  claim with him and whose rights have not been reinsured, to whom it appears  from the books of the company, there are owing amounts on such policies and  he shall set opposite the name of each person such amount so owing to such  person. The Director shall incur no personal liability by reason of any  mistake in such list. Each person whose name shall appear upon said list  shall be deemed to have duly filed prior to the last day set for filing of  claims a proof of claim for the amount set opposite his name on said list.(4)(a) When a Liquidation, Rehabilitation, or  Conservation Order has been entered in a proceeding against an insurer under  this Code, any insured under an insurance policy shall have  the right to file a contingent claim.  The Court at the time of the entry of  the Order of Liquidation, Rehabilitation or Conservation shall fix the final  date for the liquidation of insureds' contingent claims, but  in no event  shall said date be more than 3 years after the last day fixed for the filing of  claims, provided, such date may be extended by the Court on petition of the  Director should the Director determine that such extension will not delay  distribution of assets under Section 210.  Such a contingent claim  shall be allowed if such claim is liquidated and the insured  claimant presents evidence of payment of such claim to the Director on or  before the last day fixed by the Court.(b) When an insured has been unable to liquidate its claim under paragraph  (a) of this subsection (4), the insured may have its claim allowed by  estimation if (i) it may be reasonably inferred from the proof presented upon  the claim that a claim exists under the policy; (ii) the insured has furnished  suitable proof, unless the court for good cause shown shall otherwise direct,  that no further valid claims against the insurer arising out of the cause of  action other than those already presented can be made, and (iii) the total  liability of the insurer to all claimants arising out of the same act shall be  no greater than its total liability would be were it not in liquidation,  rehabilitation, or conservation.(5) The obligation of the insurer, if any, to defend or continue the  defense  of any claim or suit under a liability insurance policy shall terminate on  the entry of the Order of Liquidation, Rehabilitation or Conservation,  except during the appeal of an Order of Liquidation as provided by Section  190.1 or, unless upon the petition of the Director, the court directs  otherwise.  Insureds may include in contingent claims reasonable attorneys  fees for services rendered subsequent to the date of Liquidation,  Rehabilitation or Conservation in defense of claims or suits covered by the  insured's policy provided such attorneys fees have actually been paid by the  assured and evidence of payment presented in the manner required for insured's  contingent claims.(6) When a liquidation, rehabilitation, or  conservation order has been  entered in a proceeding against  an insurer under this Code, any person who has a cause of action against an  insured of the insurer under an insurance  policy issued by the insurer shall have the right to file a  claim in the proceeding, regardless of the fact that the claim  may be contingent, and the claim may be allowed by estimation (a) if it may be  reasonably, inferred from proof presented upon the claim  that the claimant would be able to obtain a judgment upon  the cause of action against the insured; and (b) if  the person has furnished  suitable proof, unless the court for  good cause shown shall otherwise direct, that no further valid claims  against the insurer arising out of the cause of  action other than those  already presented can be made, and (c) the total liability of  the  insurer to all claimants arising out of the same act shall  be no greater than its total liability would be were it not in liquidation,  rehabilitation, or  conservation.(7) Contingent or unliquidated general creditors' and ceding insurers'  claims that are not made absolute and liquidated by the last day fixed by the  court pursuant to subsection (4) may be determined and allowed by estimation.  Any such estimate shall be based upon an actuarial evaluation made  with reasonable actuarial certainty or upon another accepted method of valuing  claims with reasonable certainty and, with respect to ceding insurers' claims,  may include an estimate of incurred but not reported losses.(7.5) (a) The estimation and allowance of the loss development on a known loss or occurrence shall trigger a reinsurer's obligation to pay pursuant to its reinsurance contract with the insolvent company, provided that the allowance is made in accordance with paragraph (b) of subsection (4) or subsection (6).  The Director shall have the authority to exercise all available remedies on behalf of the insolvent company to marshal these reinsurance recoverables.(b) That portion of any estimated and allowed contingent claim that is attributable to claims incurred but not reported to the insolvent company's reinsured shall not be billable to the insolvent company's reinsurers, except to the extent that (A) such claims develop into known losses or occurrences and become billable under paragraph (a) of this subsection or (B) the reinsurance contract specifically provides for the payment of such losses or reserves.(c) Notwithstanding any other provision of this Code, the liquidator may negotiate a voluntary commutation and release of all obligations arising from reinsurance contracts or other agreements.(8) No judgment against such an insured or an  insurer taken after the date of the entry of the liquidation,  rehabilitation, or conservation order shall be considered in the  proceedings  as evidence of liability, or of the amount of damages, and no judgment  against an insured or an insurer taken by default, or by collusion prior to  the entry of the liquidation order shall be considered as conclusive  evidence in the proceeding either of the liability of such insured to such  person upon such cause of action or of the amount of damages to which such  person is therein entitled.(9) The value of securities held by secured creditors shall be  determined by converting the same into money according to the terms of the  agreement pursuant to which such securities were delivered to such  creditors, or by such creditors and the Director by agreement, or by the  court, and the amount of such value shall be credited upon the claims of  such secured creditors and their claims allowed only for the balance.(10) Claims of creditors or policyholders who have received  preferences  voidable under Section 204 or to whom conveyances or transfers,  assignments or incumbrances have been made or given which are void under  Section 204, shall not be allowed unless such creditors or policyholders  shall surrender such preferences, conveyances, transfers, assignments or  incumbrances.(11)(a) When the Director denies a claim or allows a claim for less than  the amount requested by the claimant, written notice of the determination and  of the right to object shall be given promptly to the claimant or the  claimant's representative by first class mail at the address shown on the  proof of claim.  Within 60 days from the mailing of the notice, the claimant  may  file his written objections with the Director.  If no such filing is made on a  timely basis, the claimant may not further object to the determination.(b) Whenever objections are filed with the Director and he does not alter  his determination as a result of the objection and the claimant continues to  object, the Director shall petition the court for a hearing as soon as  practicable and give notice of the hearing by first class mail to the claimant  or his representative and to any other persons known by the Director to be  directly affected, not less than 10 days before the date of the hearing.(12) The Director shall review all claims duly filed in the liquidation,  rehabilitation, or conservation proceeding, unless otherwise directed by the  court, and shall make such further investigation as he considers necessary.  The Director may compound, compromise, or in any other manner negotiate the  amount for which claims will be recommended to the court.  Unresolved disputes  shall be determined under subsection (11).(13)(a) The Director shall present to the court reports of claims reviewed  under subsection (12) with his recommendations as to each claim.(b) The court may approve or disapprove any recommendations contained in the  reports of claims filed by the Director, except that the Director's agreements  with claimants shall be accepted as final by the court on claims settled for  $10,000 or less.(14) The changes made in this Section by this amendatory Act of 1993  apply to  all  liquidation, rehabilitation, or  conservation proceedings that are pending on the effective date of this  amendatory Act of 1993 and to all future liquidation, rehabilitation, or  conservation proceedings,  except that the changes made to the provisions of  this Section by this amendatory Act of 1993 shall not apply to any company  ordered into liquidation on or before January 1, 1982.(15) The changes made in this Section by this amendatory Act of the 93rd General Assembly do not apply to any company ordered into liquidation on or before January 1, 2004.  (Source: P.A. 96-1450, eff. 8-20-10.)