Amwest Surety Insurance Company, in Liquidation

HOW TO FILE A PROOF OF CLAIM

To the attention of any potential Claimants against Amwest Surety Insurance Company:

The Notice to All Claimants with a Proof of Claim (POC) form were forwarded to all persons with known claims or reasonably expected to have claims against Amwest Surety Insurance Company.

Please note, the bar date (last day to file a timely Proof of Claim) was June 7, 2002. Amwest will however continue to accept any and all claims filed on the prescribed Proof of Claim form, but they will be considered late. To request a POC form, please check “How to Reach Us” on the Home page of this web site for the toll free number and mailing address. Please keep the Liquidator informed of any address changes.

Nebraska Statutes

 
44-4836
Proof of claim.
 
 (1) Proof of claim shall consist of a
statement signed by the claimant that includes all of the
following that are applicable:
 (a) The particulars of the claim, including the
consideration given for it;
 (b) The identity and amount of the security on the
claim;
 (c) The payments made on the debt, if any;
 (d) That the sum claimed is justly owing and that there
is no setoff, counterclaim, or defense to the claim;
 (e) Any right of priority of payment or other specific
right asserted by the claimants;
 (f) A copy of the written instrument which is the
foundation of the claim; and
 (g) The name and address of the claimant and the
attorney who represents him or her, if any.
 (2) No claim need be considered or allowed if it does
not contain all the information in subsection (1) of this section
which may be applicable. The liquidator may require that a
prescribed form be used and may require that other information
and documents be included.
 (3) 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 or affirmation, require production of affidavits or
depositions,or otherwise obtain additional information or
evidence.
 (4) No judgment or order against an insured or the
insurer entered after the date of 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 months before the filing of the petition need be
considered as evidence of liability or of the quantum of damages.
 (5) All claims of a guaranty association or foreign
guaranty association shall be in such form and contain such
substantiation as may be agreed to by the association and the
liquidator.

Click here to view the FREQUENTLY ASKED QUESTIONS