AG's office says funeral home violated state's preneed rules

By Chris Dickerson | Jun 12, 2017

CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed a petition against a funeral home and its owners alleging they refused to comply with a state audit and continue to operate without a certificate of authority.

The action, filed in Monroe Circuit Court, alleges Lobban Funeral Home and its owners, Sarah E. and Karen Lobban, violated the state’s Preneed Funeral Contracts Act and Preneed Burial Contracts Rule. The June 12 petition further seeks to shut down that portion of the Alderson-based business until it and its owners comply.

“Our office’s duty is to ensure businesses follow state law,” Morrisey said in a press release. “When businesses operate unlawfully, consumers tend to get hurt. Funeral homes offering preneed funeral or burial contracts must do so in a lawful manner.”

The action claims the funeral home failed to comply with the requirement to submit to an audit of its records dating back to 2015, a time period consistent with its refusal to renew its license and certificate of authority.

State law and legislative rules require funeral homes to maintain records pertaining to the sale, management and control of preneed funeral/burial contracts and make them available to the state.

Lobban Funeral Home remains in operation despite its failures to comply. In fact, the enforcement action states as of this month it continues to hold preneed funeral service contracts and conducted a funeral as recently as last month.

The AG's office seeks a court order forcing the funeral home to immediately comply with the audit and cease its preneed activities until all obligations are met. It also asks for reimbursement of all costs incurred in connection with the matter.

Monroe Circuit Court case number 17-P-22

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