1. (a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.

2. (b) A claim for the loss shall:

   1. (1) Be based on an act or omission that occurs in the provision of funeral pre-need services by:

      1. (i) A licensed mortician;
      2. (ii) A licensed funeral director;
      3. (iii) A licensed apprentice mortician;
      4. (iv) A licensed apprentice funeral director; or
      5. (v) An unlicensed employee of a licensed funeral establishment;
   2. (2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and

   3. (3) Be based on an act or omission:

      1. (i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or
      2. (ii) That constitutes fraud or misrepresentation.

3. (c) The amount recovered for any claim against the Fund:

   1. (1) May not exceed the actual monetary loss suffered; and
   2. (2) May not include noneconomic, consequential, or punitive damages.
4. (d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.

Added by Acts 2008, c. 532, § 1, eff. Jan. 1, 2009.