O.C.G.A. § 33-1-10 (2019)
Limitations upon right to choose funeral services for insured
It shall be unlawful for any insurer to designate in any policy, contract, certificate, or otherwise the person, firm, or corporation to conduct the funeral of the insured; or to organize, promote, or operate any enterprise or plan; or to enter into any contract with such insured or with any other person, which plan or contract tends to limit or restrict the freedom of choice in the open market of the person or persons having the legal right of such choice regarding contracts, purchases, and arrangements with reference to any part of a funeral service for such insured.
History
Code 1933, § 56-9902, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2000, p. 136, § 33.
Annotations
Cross references. - Declaration that
contracts in general restraint of trade are contrary to public policy, § 13-8-2. Funeral directors, and embalmers, T. 43, C. 18.
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions rendered under Ga. L. 1935, p. 392 are included in the annotations for this Code section. Policies designating funeral director or restricting purchase of 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).
RESEARCH REFERENCES ALR. - Construction and effect of contracts or insurance policies providing
preneed coverage of burial expense or services, 67 A.L.R.4th 36.