A year ago, the Dayton JournalNews ran a series of articles about the regulation of the death care industry in Ohio. The reporting was comprehensive, with articles about preneed. Earlier this year, legislation was introduced in Ohio to further restrict who could sell preneed. However, the legislation does not address the trusting issues that rankle consumer advocates.
June 2008
NPS Providers: Your New Management Team
By Bill Stalter on
Posted in NPS/Lincoln
On June 8th, Donna Garrett, the Special Deputy Receiver for the NPS affiliates, filed with the Texas Travis County Court an application for fees. The application includes a schedule of fees that will be charged by the subcontractors to be utilized by the SDR. The filing would seem to indicate the law firm of…
The NPS Class Action Lawsuit: James & Gahr
By Bill Stalter on
Posted in NPS/Lincoln, Preneed
The class action lawsuit brought against the NPS affiliates on Friday, June 20th reflects the despair that some funeral directors are experiencing over the situation. Although litigation to recover assets from the Cassity Empire was inevitable, this lawsuit has flaws that need to be corrected through an organized effort brought by the states’ regulators.
Funeral…
Missouri Preneed Reform: Act 3
By Bill Stalter on
On June 11th, Senator Delbert Scott met with a number of death care industry members and regulators to begin mapping out the direction for preneed reform in Missouri. From that meeting, it was decided that the state’s death care regulators would form review committees that would facilitate a dialog on the issues, and…
The First Salvo: Nixon and the NPS affiliates
By Bill Stalter on
Posted in NPS/Lincoln, Preneed
In what may prove to be a lengthy legal proceeding, Missouri Attorney General Jay Nixon filed suit against Forever Network, Inc., an affiliate of National Prearranged Services (NPS). While the suit may duplicate the injunctions effected by the Agreed Order obtained by the Texas Department of Insurance, consumers should take comfort by the fact Mr. Nixon has begun taking action.
While it…
Suspect Business Practices?
By Bill Stalter on
Posted in NPS/Lincoln
It is not a good sign when our regulators communicate by letter. Friday’s Post Dispatch story underscores the friction that exists among some of the regulatory agencies caught in the NPS fiasco.
In one aspect, the letter is intended to demonstrate that the Missouri Attorney General’s Office is dependent upon the State Board of Embalmers and Funeral Directors and the…
Say Again? Texas’ Rule 11 Agreement
By Bill Stalter on
Posted in NPS/Lincoln
I will preface this blog entry by stating that I do not fault the Texas Department of Insurance for the Rule 11 Agreement if giving up litigation against NPS/Lincoln Memorial (and the various individuals) was the price extracted for gaining control of the companies and the preneed records. Someone needed to take action, and I…
Debunking what trust myth?
By Bill Stalter on
Posted in Preneed
Preneed companies often reach too far in touting the advantages of their company or product. Such is the case with an article in the June edition of the American Funeral Director. Not to be confused with the infamous Lincoln Memorial Life, Lincoln Heritage Life offers advice why insurance funded preneed is often a better choice for funeral…