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Montana Administrative Register Notice 6-171 No. 21   11/08/2007    
    Page No.: 1718 -- 1729
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BEFORE THE STATE AUDITOR AND COMMISSIONER OF INSURANCE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULES I through XII pertaining to Funeral Insurance Rules
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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
 

 

TO: All Concerned Persons

 

1. On November 29, 2007, at 10:00 a.m., the State Auditor and Commissioner of Insurance will hold a public hearing in the 2nd floor conference room of the State Auditor's Office, 840 Helena Ave., Helena, Montana, to consider the proposed adoption of the above-stated rules.

 

2. The State Auditor and Commissioner of Insurance will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., November 23, 2007, to advise us of the nature of the accommodation that you need. Please contact Darla Sautter, State Auditor's Office, 840 Helena Ave., Helena, Montana, 59601; telephone (406) 444-2726; TDD (406) 444-3246; fax (406) 444-3497; or e-mail dsautter@mt.gov.

 

3. The rules as proposed to be adopted provide as follows:

 

NEW RULE I PURPOSE (1) The purpose of these rules is to establish specific rules to regulate funeral insurance, including but not limited to the licensing of producers, form review, financial reporting, and consumer protection.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-17-201, 33-17-211, 33-17-212, 33-17-213, 33-17-214, 33-17-219, 33-17-220, 33-17-231, 33-17-236, 33-17-401, 33-17-405, 33-17-406, 33-17-407, 33-17-409, 33-17-411, 33-17-1001, 33-17-1002, 33-17-1003, 33-17-1004, 33-17-1005, 33-17-1101, 33-17-1102, 33-17-1103, 33-17-1203, 33-17-1205, 33-20-1501, 33-20-1502, MCA

 

NEW RULE II SCOPE (1) These rules shall apply to:

(a) all life insurance policy forms delivered or issued for delivery, marketed, used, or designated as intended for use in this state as funeral insurance;

(b) any solicitation, negotiation, or sale of funeral insurance occurring within this state;

(c) reporting by funeral insurance issuers; and

(d) the licensing of specialized funeral insurance producers.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-17-201, 33-17-211, 33-17-212, 33-17-213, 33-17-214, 33-17-219, 33-17-220, 33-17-231, 33-17-236, 33-17-401, 33-17-405, 33-17-406, 33-17-407, 33-17-409, 33-17-411, 33-17-1001, 33-17-1002, 33-17-1003, 33-17-1004, 33-17-1005, 33-17-1101, 33-17-1102, 33-17-1103, 33-17-1203, 33-17-1205, 33-20-1501, 33-20-1502, MCA

 

NEW RULE III APPLICABILITY OF OTHER RULES (1) Funeral insurance is defined in 33-20-1501, MCA, as a type of life insurance, and all rules pertaining to life insurance shall apply to funeral insurance unless funeral insurance is specifically exempted. In the event of any inconsistency between these rules and other rules pertaining to life insurance, these rules shall govern.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-17-201, 33-17-211, 33-17-212, 33-17-213, 33-17-214, 33-17-219, 33-17-220, 33-17-231, 33-17-236, 33-17-401, 33-17-405, 33-17-406, 33-17-407, 33-17-409, 33-17-411, 33-17-1001, 33-17-1002, 33-17-1003, 33-17-1004, 33-17-1005, 33-17-1101, 33-17-1102, 33-17-1103, 33-17-1203, 33-17-1205, 33-20-1501, 33-20-1502, MCA

 

NEW RULE IV DEFINITIONS For the purposes of [NEW RULES I through XII], the following definitions apply:

(1) "Authorized agent" means a person legally entitled to order the final disposition, including burial, cremation, entombment, donation to medical science, or other means, of human remains.

(2) "Excess beneficiary" means the person designated in the funeral insurance policy or certificate to receive any amount of the funeral insurance proceeds that exceed the cost of the funeral goods and services provided to the insured.

(3) "Funeral goods and services" means personal property sold, or provided, and services provided in connection with a funeral or at the final disposition of human remains.

(4) "Funeral insurance" is a type of life insurance as defined in 33-20-1501, MCA. Funeral insurance may be purchased by making a one time payment of premium or by paying premium in installments. Funeral insurance may be issued on a group or individual basis. Annuity contracts and viatical settlement agreements are not funeral insurance and may not be used as funeral insurance.

(5) "Funeral insurance policy forms" means every policy, certificate, enrollment form, application form, printed rider, endorsement form, disclosure form, policy summary, or other document which purports to grant funeral insurance or effect a transaction of funeral insurance.

(6) "Funeral insurance proceeds" means the amount payable as stated in the funeral insurance policy forms upon the death of the insured. Funeral insurance proceeds are also known as the death benefit.

(7) "Insurable interest" has the same meaning as in 33-15-201, MCA.

(8) "One-time payment of premium" means a single premium payment is made and the funeral insurance is fully paid up with no further premium payments required.

(9) "Person" means an individual or a business entity.

(10) "Preneed funeral arrangement" means an arrangement made with a person licensed under Title 37, chapter 19, parts 3 and 4, MCA, by the intended recipient of the funeral goods and services on that individual's own behalf, or by an authorized agent on the individual's behalf prior to the death of the individual. Preneed funeral arrangements are governed by Title, 37, chapter 19, MCA, and the rules promulgated to implement that chapter.

(11) "Primary beneficiary" means the person designated in the funeral insurance to receive the funeral insurance proceeds intended by the applicant or insured, if not one in the same, to fund a preneed funeral arrangement or to pay for funeral goods and services for the insured. The primary beneficiary may, but need not, be a person licensed under Title 37, chapter 19, parts 3 and 4, MCA.

(12) "Specialized funeral insurance producer" means a person who holds a current specialized funeral insurance producer license.

(13) "Specialized funeral insurance producer license" means a life insurance producer license that is issued only to persons also licensed under Title 37, chapter 19, parts 3 and 4, MCA.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-17-201, 33-17-211, 33-17-212, 33-17-213, 33-17-214, 33-17-219, 33-17-220, 33-17-231, 33-17-236, 33-17-401, 33-17-405, 33-17-406, 33-17-407, 33-17-409, 33-17-411, 33-17-1001, 33-17-1002, 33-17-1003, 33-17-1004, 33-17-1005, 33-17-1101, 33-17-1102, 33-17-1103, 33-17-1203, 33-17-1205, 33-20-1501, 33-20-1502, MCA

 

NEW RULE V LICENSING OF SPECIALIZED FUNERAL INSURANCE PRODUCERS (1) No person shall solicit, negotiate, or sell funeral insurance unless that person is properly licensed and appointed as a life insurance producer or as a specialized funeral insurance producer.

(2) Any person applying for a specialized funeral insurance producer license shall apply in a form approved by the commissioner. The commissioner may require a supplement to a standardized license application, or a separate license application for persons also licensed under Title 37, chapter 19, parts 3 and 4, MCA.

(3) Any person who wishes to obtain a specialized funeral insurance producer license shall disclose to the commissioner whether the person is currently licensed as funeral director, undertaker, mortician, or mortuary under Title 37, chapter 19, parts 3 and 4, MCA. Additionally, applicants shall disclose whether they have ever had such an application denied, or whether a disciplinary action has ever been taken against such a license, and the outcome of the disciplinary proceeding.

(4) Any nonresident applicant who holds a funeral director, undertaker, mortician, mortuary, or similar license, by whatever name called, in another jurisdiction must first become licensed as a funeral director, undertaker, mortician, or mortuary under Title 37, chapter 19, parts 3 and 4, MCA, before the commissioner will consider an application for a specialized funeral insurance producer license.

(5) If the Board of Funeral Service, provided for in 2-15-1743, MCA, suspends, revokes, or terminates the license of a funeral director, undertaker, mortician, or mortuary, the specialized funeral insurance producer license and any appointments will automatically terminate. The funeral director, undertaker, mortician, or mortuary must notify the commissioner with ten days after a suspension, revocation, or license termination by the Board of Funeral Service.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-17-201, 33-17-211, 33-17-212, 33-17-213, 33-17-214, 33-17-219, 33-17-220, 33-17-231, 33-17-236, 33-17-401, 33-17-405, 33-17-406, 33-17-407, 33-17-409, 33-17-411, 33-17-1001, 33-17-1002, 33-17-1003, 33-17-1004, 33-17-1005, 33-17-1101, 33-17-1102, 33-17-1103, 33-17-1203, 33-17-1205, 33-20-1501, 33-20-1502, MCA

 

NEW RULE VI REPORTING BY ISSUER (1) Every issuer of funeral insurance in this state shall report in a form or manner approved by the commissioner. The commissioner may require a supplement to the insurer's annual statement.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-2-701, 33-2-705, 33-20-1501, MCA

 

NEW RULE VII FUNERAL INSURANCE POLICY FORMS (1) In addition to the filing and approval requirements in statute and rule for life insurance policy forms, funeral insurance issuers must file the following with the commissioner for review and prior approval:

(a) solicitation materials; and

(b) disclosure forms.

(2) In addition to complying with the rules governing life insurance, funeral insurance policy forms must clearly and conspicuously:

(a) be identified as funeral insurance;

(b) list any and all exclusions or other conditions under which the funeral insurance will not pay the death benefit; and

(c) allow the insured, or applicant, if the applicant has an insurable interest in the life of the insured, to designate a primary beneficiary and an excess beneficiary. 

 

AUTH: 33-1-313, 33-1-501, 33-20-1503, MCA

IMP: 33-1-501, 33-20-1501, 33-20-1502, MCA

 

NEW RULE VIII BENEFICIARY DESIGNATION (1) Funeral insurance policy forms must clearly and conspicuously allow the insured, or applicant, if the applicant has an insurable interest in the life of the insured, to designate a primary beneficiary and an excess beneficiary.

(2) If an excess beneficiary is not designated and the primary beneficiary is a funeral director, mortician, mortuary, or undertaker, the funeral insurance policy forms shall clearly and conspicuously provide that any funeral insurance proceeds that exceed the cost of funeral goods and services provided will be paid to the insured's estate.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-1-501, 33-20-1501, 33-20-1502, MCA

 

NEW RULE IX RIGHT TO RETURN POLICY (1) Each funeral insurance policy and certificate delivered or issued for delivery in this state must clearly and conspicuously provide to the insured the right to return the policy or certificate to the funeral insurance issuer within 30 days of delivery of the policy or certificate and to receive an unconditional full refund of all premium and other consideration paid on it.

(2) The funeral insurance issuer must refund the premium and other consideration paid within 30 days of receiving the refund request.

(3) A funeral insurance policy or certificate returned pursuant to this rule is void from the beginning.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-1-501, 33-20-1501, 33-20-1502, MCA

 

NEW RULE X UNINTENTIONAL LAPSE (1) Each issuer offering funeral insurance with premium payable in installments shall, as a protection against unintentional lapse, comply with the following:

(a) No funeral insurance policy or certificate shall be issued until the issuer has received from the applicant either a written designation of at least one individual who is to receive notice of lapse or termination of the policy or certificate for nonpayment of premium, or a written waiver dated and signed by the applicant electing not to designate additional persons to receive notice. The applicant has the right to designate at least one individual who is to receive the notice of termination in addition to the insured. Designation shall not constitute acceptance of any liability by the third party for any goods or services provided to the insured. The form used for the written designation must clearly and conspicuously provide space for listing at least one individual. The designation shall include each individual's full name and home address. In the case of an applicant who elects not to designate an additional individual, the waiver shall state:

(i) "Protection against unintended lapse." I understand that I have the right to designate at least one individual other than myself to receive notice of lapse, or termination of this funeral insurance policy or certificate for nonpayment of premium. I understand that notice will not be given until 30 days after a premium is due and unpaid. I elect not to designate an individual to receive this notice."

(b) No funeral insurance policy or certificate shall lapse or be terminated for nonpayment of premium unless the issuer, at least 30 days before the effective date of the lapse or termination, has given notice to those individuals designated pursuant to (1) at the address provided for purposes of receiving notice of lapse or termination.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-1-501, 33-20-1501, 33-20-1502, MCA

 

NEW RULE XI REQUIRED DISCLOSURES (1) In addition to any disclosures required for life insurance by statute or rule, the funeral insurance issuer shall develop clear and conspicuous written disclosures, regarding the following information:

(a) that a life insurance product is involved, or is being used to fund a preneed funeral arrangement;

(b) whether the cumulative premium paid may exceed the face amount of the funeral insurance policy or certificate and, if so, the length of time until the cumulative premium paid exceeds the face amount of the policy or certificate;

(c) the nature of the relationship among the soliciting producer, the provider of the funeral goods and services, and any other person that will or may profit from the transaction;

(d) that a sales commission, or other form of compensation, is being paid in connection with the sale of the funeral insurance and the identity of the persons who will receive it;

(e) that the funeral insurance issuer, insurance producer, or specialized funeral insurance producer may not require that the applicant, or insured, designate a specific beneficiary, including, but not limited to a funeral director, mortician, mortuary, or undertaker;

(f) the relationship of the funeral insurance to the funding of the preneed funeral arrangement and the nature and existence of any guarantees in relation to the preneed funeral arrangement including an itemized list of the funeral goods and services which are applied or contracted for in the preneed funeral arrangement and all relevant information concerning the price of the same and whether price is guaranteed or to be determined at the time of need;

(g) the impact on the preneed funeral arrangement of:

(i) changes in the funeral insurance policy, including, but not limited to, changes in the assignment, beneficiary designation, or use of the proceeds;

(ii) penalties to be incurred by the applicant or insured as a result of failure to make premium payments; and

(iii) penalties to be incurred or monies to be received as a result of cancellation or surrender of the funeral insurance.

(h) an explanation of any entitlements or obligations which arise if there is a difference between the funeral insurance proceeds and the amount actually needed to fund the preneed funeral arrangement;

(i) any penalties or restrictions, regarding either geographic restrictions, or the inability of the provider of the funeral goods and services identified in the preneed funeral arrangement to perform, on the delivery of funeral goods and services, or the guaranteed elements in the preneed funeral arrangement;

(j) whether the provider of funeral goods and services will accept assignments of funeral insurance and preneed funeral arrangements sold by any other properly licensed person;

(k) that after the death of a person who at any time received Medicaid benefits, a funeral director, mortician, mortuary, undertaker, or other person, including but not limited to the decedent's spouse, heir, devisee, or personal representative, who is the beneficiary of funeral insurance in excess of $5,000 in value designated to pay for the disposition of the Medicaid recipient's remains and for related expenses shall, after paying for the disposition and related expenses, pay all remaining funds to the Department of Public Health and Human Services within 30 days following the receipt of the funeral insurance death benefit. The funds must be paid to the Department of Public Health and Human Services regardless of any provision in a written contract, insurance policy, or other agreement entered into on or after January 1, 2008, directing a different disposition of the funds. Funds paid to the department under these rules are not considered to be property of the deceased Medicaid recipient's estate, and the provisions of 53-6-167, MCA, do not apply to recovery of the funds by the department;

(l) that the funeral goods and services may also be purchased prior to death by making payment directly to a provider of funeral goods and services, licensed under Title 37, chapter 19, MCA, who would hold the funds in trust for the benefit of the purchaser under Title 37, chapter 19, MCA;

(m) that a discount from the current price of funeral goods and services will not be offered, or provided, as an inducement to purchase or assign funeral insurance; and

(n) that cancellation of a preneed funeral arrangement will not cancel, or otherwise invalidate the funeral insurance policy.

(2) If any of the disclosures in (1) cannot be determined until the time of application, the life insurance producer or specialized funeral insurance producer shall complete the disclosure information specific to that funeral insurance transaction.

(3) The funeral insurance issuer will provide the disclosures in (1) to the applicant at the time application is made and prior to accepting any premium. Receipt of these disclosures must be acknowledged in writing by the applicant.

(4) The disclosures and a copy of the written acknowledgment must also be provided when the funeral insurance policy or certificate is delivered.

 

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-20-1501, 33-20-1502, 33-20-1503, MCA

 

NEW RULE XII PROHIBITIONS (1) The sale of funeral insurance may not be conditioned on:

(a) the applicant or insured designating a specific beneficiary, including but not limited to a funeral director, mortician, mortuary, or undertaker;

(b) the applicant or insured agreeing to assign the funeral insurance proceeds to a funeral director, mortician, mortuary, or undertaker; or

(c) the applicant or insured making or entering a preneed funeral arrangement.

(2) A discount from the current price of funeral goods and services may not be offered or provided as an inducement to purchase, or assign funeral insurance.

 

AUTH: 33-1-313, 33-20-1503, MCA

IMP: 33-18-208, 33-20-1501, 33-20-1502, 33-20-1503, MCA

 

STATEMENT OF REASONABLE NECESSITY: In 2007, Senate Bill 276 (SB 276) was enacted which established funeral insurance as a type of life insurance. SB 276 also revised the prohibition against funeral directors, morticians, mortuaries, and undertakers from selling life insurance to allow these persons to sell a type of funeral insurance and created a new specialized funeral insurance producer license.

 

These rules are reasonably necessary for the Insurance Department of the State Auditor's Office to implement SB 276 and to protect the public welfare in regard to the solicitation, negotiation, and sale of funeral insurance. The rules address the licensing of specialized funeral insurance producers, the filing and approval of funeral insurance policy forms, the annual reporting by funeral insurance issuers, and the solicitation, negotiation, and sale of funeral insurance.  

 

NEW RULE I is necessary to state the purpose of these rules.

 

NEW RULE II is necessary to identify the scope of these rules.

 

NEW RULE III is necessary to advise that all rules pertaining to life insurance will pertain to funeral insurance except where funeral insurance is specifically exempted. It is also necessary to provide that in the event of any inconsistency between these rules and other rules pertaining to life insurance, these rules shall govern.

 

NEW RULE IV sets out definitions which are necessary to clarify the meaning of terms used in these rules.

 

NEW RULE V pertains to licensing of specialized funeral insurance producers. SB 276 permits Montana licensed funeral directors, morticians, mortuaries, and undertakers to obtain a restricted insurance producer license to sell a type of funeral insurance. To fit within the existing insurance producer licensing system, it is necessary to identify that license as a specialized funeral insurance producer license. To aid the department in licensing determinations, it is necessary for applicants to disclose their license status under Title 37, chapter 19, MCA, and whether any such license has been denied or disciplined.

 

Since a current license under Title 37, chapter 19, MCA, is required for licensure as a specialized funeral insurance producer, the suspension, revocation, or termination of a license issued under Title 37, chapter 19, MCA, necessarily results in termination of the specialized funeral insurance producer license. The automatic license termination will protect the public by expediting license termination which helps to ensure that only qualified persons are acting as specialized funeral insurance producers. Requiring notice to the commissioner of the suspension, revocation, or termination of a license issued under Title 37, chapter 19, MCA, is necessary to protect the public to help ensure that producer licensing records maintained by the commissioner are accurate.

 

NEW RULE VI pertains to reporting to the commissioner by issuers of funeral insurance. Life insurance issuers submit an annual report to the commissioner. However, since SB 276 established funeral insurance as a type of life insurance, it is necessary for life insurers to separate out funeral insurance information from the annual report for the commissioner to identify funeral insurance volume and to aid the commissioner in monitoring and ensuring compliance with Montana law regarding funeral insurance.

 

NEW RULE VII pertains to funeral insurance policy forms. Since SB 276 establishes funeral insurance as a type of life insurance, the requirements for life insurance policy forms will apply. However, this rule is necessary to protect the public by identifying and imposing additional form approval and content requirements specific to funeral insurance policy forms. The form approval requirements are necessary to help ensure that the solicitation materials and disclosure forms comply with Montana law. The content requirements are necessary to ensure that consumers have information regarding exclusions, designation of a primary beneficiary and an excess beneficiary, and the payment of the death benefit. These requirements will protect the public by providing information necessary for consumers to make better informed decisions about purchasing funeral insurance and designating a primary beneficiary and an excess beneficiary.

 

NEW RULE VIII pertains to beneficiary designation. Provided that the required insurable interest under 33-15-201, MCA, is met, the beneficiary may use the funeral insurance proceeds for any purpose. This might allow a funeral director, mortician, mortuary, or undertaker designated as beneficiary to retain any death benefit that exceeds the cost of the funeral goods and services provided. This rule is necessary to protect the public by: clearly providing for the designation of a primary beneficiary and an excess beneficiary to allow and facilitate the insured, or applicant, if the applicant has an insurable interest, to direct the payment of any death benefit that exceeds the cost of the funeral goods and services provided; and requiring that if an excess beneficiary is not designated and the primary beneficiary is a funeral director, mortician, mortuary, or undertaker, any funeral insurance proceeds that exceed the costs of the funeral goods and services provided will be paid to the insured's estate.

 

NEW RULE IX provides that funeral insurance may be returned within 30 days for an unconditional full refund which must be paid within 30 days of receiving the refund request. The period of time during which an unconditional full refund is available is commonly called a "free look." Purchasers of funeral insurance are likely to be elderly or in poor health and therefore are a vulnerable group of consumers. Requiring a 30 day free look is necessary to help protect consumers by allowing a sufficient amount of time for consumers to carefully review the funeral insurance purchase themselves and with a trusted family member or advisor to determine whether the purchase is in his or her best interests.

 

NEW RULE X pertains to unintentional lapse of the funeral insurance. This rule is necessary to protect funeral insurance purchasers from unintentional lapse by providing for prior notice to another individual, designated by the applicant, of the pending lapse and termination of the funeral insurance. Purchasers of funeral insurance are likely to be elderly or in poor health and may become unable to act in response to a notice of lapse and termination. Requiring notice to another individual designated by the applicant will help to avoid unintentional lapse of the funeral insurance.

 

NEW RULE XI requiring certain disclosures is necessary to protect the public by adequately informing prospective purchasers about the funeral insurance including payment of the death benefit, whether the cumulative premium payments may exceed the face amount of the funeral insurance policy or certificate, possible Medicaid reimbursement, and the relationship between the funeral insurance and preneed funeral arrangement and the effect of changes in one on the other.

 

Disclosure that a commission is paid and the relationship among the soliciting producer, the provider of the funeral goods and services, and any other person that will or may profit from the transaction is necessary to inform consumers about any conflicts of interest so that consumers may better be able to protect themselves.

 

Disclosures regarding possible limitations in funding a preneed funeral arrangement by purchasing funeral insurance are necessary to protect the public. Such disclosures include explanations of any entitlements or obligations should the funeral insurance proceeds differ from the amount of the preneed funeral arrangement, whether the prices of items in a preneed funeral arrangement are guaranteed or not, and any penalties or restrictions in regard to a preneed funeral arrangement. The disclosures will provide information needed by consumers to determine whether the funeral insurance purchase and preneed funeral arrangement is in his or her best interests.

 

Additionally, disclosure that other methods to pay for funeral goods and services or to fund a preneed funeral arrangement are available is necessary to protect the public. Informing consumers that other funding methods are available will help each consumer to decide whether purchasing funeral insurance is the best option for him or her.

 

Requiring a written acknowledgement by the consumer is necessary to protect the public and also the issuer of funeral insurance and the life insurance producer or the funeral insurance producer. A written acknowledgement demonstrates that the disclosures were made.

 

Requiring that a copy of the disclosures and the signed acknowledgment be provided again when the funeral insurance policy or certificate is delivered is necessary to ensure that the purchaser has this information when reviewing the policy or certificate during the free look period to assist in determining whether the funeral insurance purchase is in his or her best interests.

 

NEW RULE XII pertains to prohibitions. This rule is necessary to protect the public from exploitation and steering to a particular provider of funeral goods and services. Purchasers of funeral insurance are likely to be elderly or in poor health and therefore are a vulnerable group of consumers. Prohibitions against requiring a specific beneficiary designation or assignment would protect consumers.

 

Funeral insurance is a separate contract from a preneed funeral arrangement and may be purchased without making or entering a preneed funeral arrangement. Further, a preneed funeral arrangement can be funded by methods other than the purchase of funeral insurance. This rule is necessary to protect the public from steering and exploitation by not allowing the sale of funeral insurance to be conditioned on the making or entering of a preneed funeral contract.

 

Funeral insurance is a type of life insurance under 33-20-1501, MCA, and subject to the prohibition against inducements in the sale of life insurance at 33-18-208, MCA. This rule is necessary to provide specific guidance to specialized funeral insurance producers, who will also be funeral directors, morticians, mortuaries, or undertakers and may also be entering a preneed funeral arrangement funded by the funeral insurance, and insureds that discounts from the current price of funeral goods and services may not be offered as an inducement to purchase funeral insurance.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Jennifer L. Massman, Staff Attorney, State Auditor's Office, 840 Helena Ave., Helena, Montana, 59601; telephone (406) 444-2040; fax (406) 444-3497; or e-mail jmassman@mt.gov, and must be received no later than 5:00 p.m., December 7, 2007. 

 

5. Jennifer L. Massman, Staff Attorney of the State Auditor's Office and Commissioner of Insurance, has been designated to preside over and conduct this hearing.

 

6. The department maintains a list of concerned persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Such written request may be mailed or delivered to Darla Sautter, State Auditor's Office, 840 Helena Ave., Helena, Montana, 59601, or may be made by completing a request form at any rules hearing held by the department.

 

7. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

8. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The bill sponsor was notified by regular mail on September 19, 2007.

 

 

 

                 /s/ Christina L. Goe                                    /s/ Janice S. VanRiper

                 Christina L. Goe                                         Janice S. VanRiper

                 Rule Reviewer                                             Deputy Insurance Commissioner

                                                                                      State Auditor/Commissioner of Insurance

 

Certified to the Secretary of State October 29, 2007

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