PUEBLO, Colo. (KOAA) — Several families have reached out to News5 saying they have already prepaid for cremation services at Davis Mortuary.
The state suspended the mortuary's license last month after inspectors say they found decomposing bodies inside the business. One man in Pueblo West said he spent nearly $3,000 on pre-cremation arrangements at Davis Mortuary. So, what is going to happen to that money?
“My understanding is that the Department of Insurance has stepped in, and they are going to help those families recover some of that money,” said Richard Orona, an Attorney in Pueblo.
The Department of Insurance is asking people who have pre-paid for services or have existing contracts with Davis Mortuary to fill out a form on the DOI website.
“Any resolution of that if it doesn't come from the Department of Insurance, then that will be a part of a civil lawsuit that families can file,” said Orona.
He said families can file a breach of contract claim, but getting people's money back is not guaranteed.
"What resources... Davis Mortuary has to satisfy that I don't know, and so, you may have a legal claim but there may not be anything to recover because they may not have any of the money to refund,” said Orona.
He said the process is different for families who have already used Davis Mortuary services and received their loved ones' cremains.
“So, right now there's two avenues that could be pursued, one is on the criminal route,” said Orona.
Orona said criminal charges will have to come from the district attorney's office. The other option is civil, meaning families can file lawsuits against Davis Mortuary to try to get some answers.
“There's also relief through monetary relief, injunctive relief from the different types of relief that come with it, but I think the most important part is at least providing them with some answers beyond what can be provided in the criminal investigation,” said Orona.
He said it's up to each family individually if they want to take legal action, saying lawsuits are a long process.
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