Section 7-4A-06 - Claim for loss(a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.(b) A claim for the loss shall:(1) Be based on an act or omission that occurs in the provision of funeral pre-need services by: (i) A licensed mortician;(ii) A licensed funeral director;(iii) A licensed apprentice mortician;(iv) A licensed apprentice funeral director; or(v) An unlicensed employee of a licensed funeral establishment;(2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and(3) Be based on an act or omission: (i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or(ii) That constitutes fraud or misrepresentation.(c) The amount recovered for any claim against the Fund:(1) May not exceed the actual monetary loss suffered; and(2) May not include noneconomic, consequential, or punitive damages.(d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.