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.
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about
Category: Attorney Responsibility to Clients in Settlement Planning Process
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A structured settlement lock-in (or lock in) means that the structured settlement annuity issuer will guarantee the cost of a structured settlement, including the specific payment stream in exchange for the “quid pro quo” of a commitment to accept or purchase.
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Are investments in structured settlement receivables suitable for tort victims? In rare circumstances and after careful deliberation. Buying fixed annuities doesn’t require a court order to be concluded or have such an exposure to transactional risk as do structured settlement receivables.
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Yerkes v Cessna became a seminal case for novation under a qualified assignment. After failing to bust the qualified assignment, Yerkes then sued his lawyers, based upon representations about Cessna’s and the London underwiters’ post qualified assignment responsibilities that were incorrect.
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On April 26, 2022, the Court found Plaintiff Eric Yerkes’ legal malpractice claim shall not be precluded and there is a genuine dispute of material fact regarding whether Defendant Anapol Weiss, a Philadelphia personal injury law firm breached its standard of care.
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Publicity of the specifics of the structure, to benefit the attorney/ law firm marketing, does no service to the attorney’s infant client. Any attorney/law firm that aids the publication of the specifics of an infant’s settlement exposes the minor to inevitable harassment when the cash now vultures circle at age 18
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John Darer warns against structured settlement swaps, which are deceptive sales tactics encouraging individuals to sell their long-term structured settlements for less than worth. He emphasizes that investments from past decades often yield better returns than current market options. Such swaps can jeopardize financial security and incur legal risks. Avoid these schemes.
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Financial advisors, licensed insurance agents and settlement planners who sell “subsets” of structured settlement payment rights, athlete contracts and such as “secondary market annuities” to unsuspecting clients are creating significant potential errors and omissions exposure and worse.
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Why would one or more of the highlighted sections 26 CFR § 1.468B(c) be selectively omitted in the context of how qualified settlement funds have been heavily promoted to trial lawyers by certain settlement planners?
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In addition to forum shopping, Anthony Chirico, the attorney for Patriot Settlement Resources, LLC and Gregory Mueller, the attorney for the seller shared an address. Oops!
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Central to dismissal against Cessna and Certain Underwriters at Lloyds of London, was that there was a qualified assignment to which Yerkes consented. But Anapol missed or punted on readily available sources of info on Executive Life that should have given them pause in my opinion.