Structured Settlements 4Real®Blog 2026

Structured settlements expert John Darer reviews the latest structured settlements and settlement planning information and news, and provides expert opinion and highly regarded commentary. that is spicy, Informative, irreverent and effective for over 20 years.

by Structured Settlement Watchdog®

Broken promises

Aviva continued its remarkable reversal on the Capital Maintenance Agreement, which was undeniably an integral component of all Aviva company settlement marketing materials and all issued structured settlement annuity contracts, and it charged additional fees for the security.

Aviva continues to defend itself in the Class Action law suit brought by Hawaii resident John Griffiths as lead plaintiff, over Aviva’s unannounced unilateral termination of the Capital Maintenance Agreement (CMA) in 2013. 

The Aviva Capital Maintenance Agreement was an instrument that was:

  1. used by Aviva’s USA operations in its agent and consumer facing market materials;
  2. marketed as a security feature
  3.  a feature that Aviva London charged extra money for on each contract that had it.

All of which directly helped Aviva to generate over $1 billion of annuity premium for its US subsidiary from structured settlement in the USA, through the end of 2008.

Download CGU Aviva International Insurance plc Memorandum of Law While some may perceive it as skilled lawyering, in reality, it presents a compelling argument as to why Aviva may not be a company for agents or consumers in the future.

Given the opportunity to make things right when the unilateral unannounced termination of the CMA took place, Aviva did nothing for its customers

Consider that Richard J. Kypta, then Senior Vice President of Aviva Life Insurance Company, even went so far as to put in writing on Aviva company letterhead, dated May 20, 2004, that the Capital Maintenance Agreement “was one two forms of guarantee“. expressly stated in writing that it “absolute, unconditional, and continuing” and explicitly authorized this information to be used in an affidavit to a Court in Erie County New York that was deliberating on the approval of a settlement.

Fortunately the Athene successor entities have improved financially in the eyes of the A.M. Best rating agency since the acquisition by Athene concluded in October 2013.

Download Sample Aviva CMA letter delivered with annuity contract 2006

It’s natural to expect Aviva to put up a big fight on that one. It took two months for Athene to provide a straight answer when I questioned them about the CMA in September October 2014.


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