| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 24-A MRSA §2176, as amended by PL 1991, c. 885, Pt. E, §27 | and affected by §47, is further amended to read: |
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| §2176. Funeral and burial service contracts prohibited |
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| | No An insurer may not contract or agree with any funeral | director, funeral establishment, mortuary establishment, | cemetery, cemetery corporation or association, crematorium, | mausoleum or columbarium or any representative of any of these | directors or establishments to the effect that the director or | establishment shall conduct the funeral, burial, or cremation or | other disposal of the remains of any individual insured by the | insurer. An insurer may not retain, utilize or employ any | director or establishment as a producer or agency of the insurer | and a director or establishment may not act as or purport to be | an insurance producer or engage in insurance producer activities. | Nothing in this section prevents compliance with Title 39-A, | section 216, or the use of an insurance policy, including, | subject to the provisions of section 2420, the assignment of | rights under life insurance contracts, to provide security for | the payment for a funeral, burial or cremation or, subject to | chapter 27, the naming of a funeral home or funeral director as | beneficiary under a life insurance policy to provide payment for | a funeral, burial or cremation. Nothing in this section | prohibits the use of an insurance policy as an investment by a | mortuary trustee pursuant to Title 32, section 1401. |
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| | Sec. 2. 32 MRSA §1401, as amended by PL 1989, c. 674, is repealed | and the following enacted in its place: |
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| §1401.__Prearranged funerals or burial plans |
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| | 1.__Plan requirements.__Any prearranged funeral or burial plan | contracted or undertaken within this State must comply with the | following. |
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| A.__All money paid during a person's lifetime to any individual, | firm, association, partnership or corporation, by that person or | by someone on behalf of that person, under an agreement that | services will be performed or personal property will be delivered | in connection with the disposition of that person's body after | death must be deposited by the payee within 10 days after receipt | of the money in a separate account in a financial institution or | credit union authorized to do business in this State, as defined | in Title 9-B, section 131, subsections 12-A and 17-A, in the name | of the payee as mortuary trustee for the |
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