The next section of Missouri’s preneed record rule is confusing. A prior provision of the rule (¶D(1)) would require a seller to maintain records reflecting the receipt of funds from an insurance company, and documents showing the seller’s performance of the contract. However, for insurance funded contracts, the rule would also seek the following additional records:
(a) Records showing notice received from the insurance company or the provider that the preneed contract has been fulfilled; and
(b) Records of any payment from the insurance company that the insurance company provides to the seller or that the seller obtains from the provider or any other source.
The first section may be seeking a form of notice that includes a confirmation to the insurance company that the preneed contract has been performed. One insurance representative has suggested to the State Board that insurance companies are not in the practice of obtaining confirmation of the performance of preneed contracts. Whatever the objective of that section, the language is inadequate to put funeral homes on notice.
Regarding the second section, how is the contemplated record different from that described in the prior paragraph D(1)?