58-9-701 - Preneed contract requirements. - Utah Statutes

58-9-701. Preneed contract requirements.
(1) (a) Every preneed funeral arrangement sold in Utah shall be evidenced by a writtencontract.
(b) The funeral service establishment shall maintain a copy of the contract until fiveyears after all of its obligations under the contract have been executed.
(2) Each preneed contract form shall:
(a) be written in clear and understandable language printed in an easy-to-read type sizeand style;
(b) bear the preprinted name, address, telephone number, and license number of thefuneral service establishment obligated to provide the services under the contract terms;
(c) be sequentially numbered by contract form;
(d) clearly identify that the contract is a guaranteed product contract;
(e) provide that a trust is established in accordance with the provisions of Section58-9-702;
(f) if the contract is funded by an insurance policy or product, provide that the insurancepolicy or product is filed with the Insurance Department and meets the requirements of Title31A, Insurance Code; and
(g) conform to other standards created by rule under Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to protect the interests of buyers and potential buyers.
(3) A preneed contract shall provide for payment by the buyer in a form which may beliquidated by the funeral service establishment within 30 days after the day the funeral serviceestablishment or sales agent receives the payment.
(4) A preneed contract may not be revocable by the funeral service establishment except:
(a) in the event of nonpayment; and
(b) under terms and conditions clearly set forth in the contract.
(5) (a) A preneed contract may not be revocable by the buyer or beneficiary except:
(i) in the event of:
(A) a substantial contract breach by the funeral service establishment; or
(B) substantial evidence that the funeral service establishment is or will be unable toprovide the personal property or services to the beneficiary as provided under the contract; or
(ii) under terms and conditions clearly set forth in the contract.
(b) The contract shall contain a clear statement of the manner in which payments madeon the contract shall be refunded to the buyer or beneficiary upon revocation by the beneficiary.
(6) (a) A preneed contract shall provide the buyer the option to require the funeral serviceestablishment to furnish a written disclosure to a person who does not live at the same residenceas the buyer.
(b) The buyer may choose:
(i) a full disclosure containing a copy of the entire preneed contract;
(ii) a partial disclosure informing the recipient of:
(A) the existence of a preneed contract; and
(B) the name, address, telephone number, and license number of the funeral serviceestablishment obligated to provide the services under the preneed contract; or
(iii) not to require the funeral service establishment to furnish a written disclosure toanother person.

Amended by Chapter 382, 2008 General Session