Attorneys are currently arguing this issue before a Federal court in St. Louis. While the NPS civil trial does not begin for another six weeks, both the SDR and the defendant trustees want to resolve the question of who is a beneficiary of a preneed trust under Missouri law. The SDR is arguing that
Missouri’s First Preneed Regulation: if at first you don’t succeed, try, try again
More than one funeral director has expressed the opinion that the State Board should never have been given rule making authority. We’ll never know, but if the State Board had rulemaking authority 22 years ago, it could have implemented rules to help enforce NPS’ 1990 settlement agreement, and thereby avoided that company’s collapse. But equally…
Did Someone Ask “Who’s the Boss?”
Three years ago we asked that question with regard to the power struggle occurring between the Missouri State Board of Embalmers and Funeral Directors and the Missouri Division of Professional Registration staff. That post was influenced by our experiences with preneed regulators from other states, who range from elected politicians to the revolving door bureaucrat.
Out of Left Field: Missouri’s insurance assignments
Who can honestly say they saw this one coming?
On July 5, 2012, the Missouri State Board of Embalmers and Funeral Directors filed a complaint with the Missouri Administrative Hearing Commission against a Missouri funeral home for alleged violations of Chapter 436, including several transactions that predate Senate Bill No. 1. So, three years after the …
Preneed vs. Preplanning: Missouri’s blurred line
For some Missouri funeral homes, the ‘disagreement’ over the Section 436.405.1.(8) and insurance assignments has been brought to their doorstep. In January, the State Board and their staff debated the issue of whether insurance assignments and beneficiary designations made in favor of a funeral home should constitute a preneed contract. The State Board rejected the staff’s interpretation of…