It shall be unlawful for any insurer writing any type of life insurance upon the lives of citizens of this state to enter into any contract with any citizen of this state contracting and agreeing to furnish funeral merchandise or services upon the death of any person insured.
(Code 1933, § 56-9905, enacted by Ga. L. 1960, p. 289, § 1.)
Cross references.- Funeral directors, and embalmers, T. 43, C. 18.
JUDICIAL DECISIONS
Preneed funeral service contract.
- A three-party transaction between the plaintiffs, a funeral home, and an insurance company involved in a preneed funeral service contract as defined in paragraph (6) of former O.C.G.A. § 43-18-92, where plaintiffs each purchased from the insurer a single premium annuity policy with a death benefit, then executed a document purporting to be an irrevocable assignment of the policy to the funeral home and in consideration of that assignment, the funeral home agreed to provide burial services for plaintiffs, was revocable as a matter of law. Johnson v. Morris, 186 Ga. App. 522, 367 S.E.2d 841 (1988).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1935, p. 392 are included in the annotations for this Code section.
Policies providing for furnishing funeral services may not be sold.- A licensed or unlicensed insurance company or agent may not sell policies which designate the person to conduct the funeral of the insured, restrict the right to purchase funeral services in the open market, or provide for payment in funeral services, merchandise, or other than legal tender of the United States. 1945-47 Op. Att'y Gen. p. 366 (rendered under Ga. L. 1935, p. 392).
Burial supplies and equipment.
- Personal property sold in advance of need as a device for the burial of human remains and which functions both as a burial casket and underground burial vault, but which cannot be used to encase a casket, such as the "chapel vault system," is one of the articles classified as burial supplies and equipment by former O.C.G.A. § 43-18-92. 1989 Op. Att'y Gen. 89-43.