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Maryland Code, Health Occupations § 7-4A-06

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(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.

(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.

(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.

(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.

Cite this article: - Maryland Code, Health Occupations § 7-4A-06 - last updated December 31, 2021 |

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