Mississippi Upholds Funeral Policy Restriction

The Mississippi Supreme Court has ruled the there was nothing improper about pre-need funeral services contracts written by Waller Funeral Home that forbid their transfer to another provider.

Coleman Funeral Home had challenged the prohibition, losing in Lafayette County Circuit Court in 2011. The Supreme Court ruled against Coleman but returned the case to Lafayette County for a trial on damages.

Pre-need contracts allow the living to pay in advance for their own final arrangements.

Coleman and the late Aubrey Parham, who previously had contracted with Waller for prepaid funeral services, sued Waller asking the trial court to find that the prepaid funeral services contracts issued by Waller to its customers were transferable.

Coleman said Waller’s policies were unclear, while Waller argued its policies specifically said the contract could not be transferred to another funeral home.

“There is no error on the part of the trial court in finding the contracts irrevocable and nontransferable,” Justice Jim Kitchens wrote in the Supreme Court decision.

Hale Freeland, attorney for Coleman, said transfer is part of an industry standard.

Cal Mayo, representing Waller, said the contract was whatever the two parties agreed it would be.

“Unless it’s illegal … the parties are free to contract like they want. If they want to do something different (from the industry standard) they can do that,” Mayo said.