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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

previous next Effective - 28 Aug 2011bottom

  436.456.  Cancellation of contract, when, procedure. — At any time before final disposition, or before the funeral or burial services, facilities, or merchandise described in a preneed contract are furnished, the purchaser may cancel the contract, if designated as revocable, without cause.  In order to cancel the contract the purchaser shall:

  (1)  In the case of a joint account-funded preneed contract, deliver written notice of the cancellation to the seller.  Within fifteen days of receipt of notice of the cancellation, the seller shall take whatever steps may be required by the financial institution to obtain the funds from the financial institution.  Upon receipt of the funds from the financial institution, the seller shall distribute the principal to the purchaser.  Interest shall be distributed as provided in the agreement with the seller and purchaser;

  (2)  In the case of an insurance-funded preneed contract, deliver written notice of the cancellation to the seller.  Within fifteen days of receipt of notice of the cancellation, the seller shall notify the purchaser that the cancellation of the contract shall not cancel any life insurance funding the contract and that insurance cancellation is required to be made in writing to the insurer;

  (3)  In the case of a trust-funded preneed contract, deliver written notice of the cancellation to the seller and trustee.  Within fifteen days of receipt of notice of the cancellation, the trustee shall distribute one hundred percent of the trust property including any percentage of the total payments received on the trust-funded contract that have been withdrawn from the account under subsection 4 of section 436.430 but excluding the income, to the purchaser of the contract;

  (4)  In the case of a guaranteed installment payment contract where the beneficiary dies before all installments have been paid, the purchaser shall pay the seller the amount remaining due under the contract in order to receive the goods and services set out in the contract, otherwise the purchaser or their estate will receive full credit for all payments the purchaser has made towards the cost of the beneficiary's funeral at the provider current prices.

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(L. 2009 S.B. 1, A.L. 2011 H.B. 265 merged with S.B. 325)


---- end of effective   28 Aug 2011 ----

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