Texas Finance Code 154.358 – Claims Against Fund
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(a) The payment of a claim or expense from the fund is a matter of privilege and not of right, and a person does not have a vested right in the fund as a beneficiary or otherwise.
(b) A claim against the fund may be made by:
(1) a purchaser of a prepaid funeral benefits contract;
(2) a purchaser’s estate;
(3) a permit holder or funeral provider who assumes or performs a contract; or
(4) a claimant for the benefit of a group of purchasers of prepaid funeral benefits contracts as part of a plan to arrange for another permit holder or funeral provider to assume the contract obligations.
Terms Used In Texas Finance Code 154.358
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) An approved claim or expense relating to a trust-funded contract may be paid only from the fund’s trust-funded contract account. An approved claim or expense relating to an insurance-funded contract may be paid only from the fund’s insurance-funded contract account.