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®

In a July 22, 2015 still published  article, John H. Fisher, a plaintiff's personal injury lawyer implies that it is OK for a licensed insurance broker or agent to commit an illegal act under New York state law. it's just preposterous.   Here's what "John' says on Ultimateinjurylaw(dot)com, a website that Whois records say is registered to Fisher.

'Remember, the 4% commission payable to the settlement structured broker is negotiable.  You may be able to cut the commission in half, but even if you can’t, you should always use a structured settlement broker who only represents the interests of injury victims'   John H Fisher Plaintiff Lawyer, Kingston New York

In New York, a licensed insurance agent or broker, including a structured settlement broker or settlement planner, cannot rebate commissions or enlist the help of anyone to do, such as tying contributions to a trial lawyer association or use the "extra commission" to advertise " no cost qualified settlement funds"  See Opinion of Office of General Counsel New York State Insurance Department September 24, 2007. Thus rebating of commissions is illegal under New York state insurance law. Indeed it is illegal under the laws of most states.  However advisable, whether or not a plaintiff lawyer chooses to involve a structured settlement expert or settlement planner is their choice, surely the legal profession's canons of ethics do not permit lawyers to solicit and/or  encourage others to commit or solicit illegal acts.

 
Commissions are set by the annuity issuer and are part of product filings with the State of New York Department of Financial Services. Where reductions have been allowed, it has only been in special circumstances, like 9-11 victims families entering  into structured settlements with the Victims Compensation Fund, or the more recent settlements with the families of Marines killed in the Beirut barracks bombing in Lebanon in the 1983, it required a special legislative exception.
 
It's ironic that Mr. Fisher opines that "structured settlement annuities suck' yet endorses structured settlement brokers on his websites.  One hopes that the unlawful act of rebating that Mr. Fisher is implying, does not relate to the brokers who he endorses (something I would personally find hard to believe) who are all fine members of the National Structured Settlements Trade Association.
 
It is not uncommon for both sides of negotiations to bring in a settlement expert.
 
 
Posted in , , , , , ,

Discover more from Structured Settlements 4Real®Blog 2026

Subscribe now to keep reading and get access to the full archive.

Continue reading