<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 31.15.03.06" title_num="31" subtitle_num="15" chapter_num="03" heading="Preneed Funeral Contracts or Prearrangements.">
  <paragraph num="A.">
    <text>At the time an application is made for a preneed funeral contract or prearrangement that is funded by a life insurance policy, and before accepting the applicant's initial premium or deposit, the carrier shall adequately disclose to the applicant, in writing, the following information:</text>
    <paragraph num="(1)">
      <text>The fact that a life insurance policy is involved or being used to fund a prearrangement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The nature of the relationship among the soliciting insurance producer or insurance producers, the provider of the funeral or cemetery merchandise or services, the administrator, and any other individual;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The relationship of the life insurance policy to the funding of the prearrangement, and the nature and existence of any guarantees relating to the prearrangement;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The impact of the prearrangement on any:</text>
      <paragraph num="(a)">
        <text>Changes in the life insurance policy, including but not limited to changes in the assignment, beneficiary designation, or use of the proceeds;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Penalties to be incurred by the policyholder as a result of failure to make premium payments; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Penalties to be incurred by the policyholder or monies to be received as a result of cancellation, or surrender of the life insurance policy;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>A list of all merchandise and services which are applied or contracted for in the prearrangement and all relevant information concerning the price of the funeral services, including an indication that the purchase price is either guaranteed at the time of purchase or to be determined at the time of need;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All relevant information concerning what occurs and whether any entitlements or obligations arise if there is a difference between the proceeds of the life insurance policy and the amount actually needed to fund the prearrangement;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Any penalties or restrictions, including but not limited to:</text>
      <paragraph num="(a)">
        <text>Geographic restrictions; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The inability of the provider to perform on the delivery of merchandise, services or the prearrangement guarantee; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>If a sales commission or other form of compensation is being paid:</text>
      <paragraph num="(a)">
        <text>The fact that a sales commission or other form of compensation is being paid; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The identity of the individuals or entities to whom the sales commission or other form of compensation is paid.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The disclosure requirements of this regulation apply to the issuance or delivery of certificates, as well as to the master policy.</text>
  </paragraph>
</regulation>