Section 8-27-3 – Misappropriation.
Section 8-27-3 Misappropriation. A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if: (1) That person discovered the trade secret by improper means; (2) That person’s disclosure or use constitutes a breach of confidence reposed in […]
Section 8-30-1 – Definitions.
Section 8-30-1 Definitions. The following terms shall have the following meanings: (1) BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise, bronze plaques […]
Section 8-32-7 – Record Keeping Requirements.
Section 8-32-7 Record keeping requirements. (a)(1) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter. (2) The provider’s accounts, books, and records shall include the following: a. Copies of each type of service contract sold. b. The name and address of each service contract holder to the extent that […]
Section 8-27-4 – Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation.
Section 8-27-4 Remedies for actual or threatened misappropriation; intentional remuneration of a third party for misappropriation. (a) The remedies available for actual or threatened misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a. Such injunctive and other equitable relief as may be appropriate with respect to any actual […]
Section 8-30-2 – Schedule of Charges for Burial Services and Merchandise.
Section 8-30-2 Schedule of charges for burial services and merchandise. Every cemetery organized under the laws of this state shall have a full and complete schedule of all charges for burial services and burial merchandise provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual […]
Section 8-32-8 – Cancellation of Reimbursement Insurance Policy.
Section 8-32-8 Cancellation of reimbursement insurance policy. To the extent applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with Chapter 40 of Title 27 has been mailed or delivered to the commissioner. The termination of a reimbursement insurance policy shall not reduce […]
Section 8-27-5 – Statute of Limitation.
Section 8-27-5 Statute of limitation. An action for misappropriation must be brought within two years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. (Acts 1987, No. 87-669, p. 1195, §4.)
Section 8-30-3 – Prohibited Actions.
Section 8-30-3 Prohibited actions. It shall be unlawful for any cemetery: (1) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written untrue statement of a material fact or any omission of a material fact. (2) In connection with the […]
Section 8-32-9 – Obligation of Reimbursement Insurance Policy Insurers.
Section 8-32-9 Obligation of reimbursement insurance policy insurers. (a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this chapter. In cases where a provider […]
Section 8-27-6 – Effect on Other Law.
Section 8-27-6 Effect on other law. Those provisions of this chapter that are inconsistent with the common law of trade secrets supersede the common law; otherwise, this chapter should be construed to be consistent with the common law of trade secrets. (Acts 1987, No. 87-669, p. 1195, §5.)