☰ Revisor of Missouri

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

< > Effective - 28 Aug 2011, 2 histories bottom

  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the trust property including any percentage of the total payments received on the trust-funded contract that have been withdrawn from the account under subsection 4 of section 436.430 but excluding the income, to the purchaser of the contract;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.

­­--------

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


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

use this link to bookmark section  436.456


 - All versions
Effective End
436.456 8/28/2011
436.456 8/28/2009 8/28/2011

Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House