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§ 7-4A-06. Claims for pre-need trust fund loss

West's Annotated Code of MarylandHealth OccupationsEffective: January 1, 2009

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 7. Morticians and Funeral Directors (Refs & Annos)
Subtitle 4a. Family Security Trust Fund (Refs & Annos)
Effective: January 1, 2009
MD Code, Health Occupations, § 7-4A-06
§ 7-4A-06. Claims for pre-need trust fund loss
Currentness
In general
(a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.
Criteria for claim
(b) A claim for the loss shall:
(1) Be based on an act or omission that occurs in the provision of funeral pre-need services by:
(i) A licensed mortician;
(ii) A licensed funeral director;
(iii) A licensed apprentice mortician;
(iv) A licensed apprentice funeral director; or
(v) An unlicensed employee of a licensed funeral establishment;
(2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and
(3) Be based on an act or omission:
(i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or
(ii) That constitutes fraud or misrepresentation.
Amount of recovery
(c) The amount recovered for any claim against the Fund:
(1) May not exceed the actual monetary loss suffered; and
(2) May not include noneconomic, consequential, or punitive damages.
Notice in sales contract
(d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.

Credits

Added by Acts 2008, c. 532, § 1, eff. Jan. 1, 2009.
MD Code, Health Occupations, § 7-4A-06, MD HEALTH OCCUP § 7-4A-06
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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