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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Category: ELNY Liquidation News and Commentary
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First you have allegations against the two largest structured settlement brokerage firms and unnamed “Doe” parties in 2 class action lawsuits over the alleged ill-advised placement of the ELNY products in 1985-1986 and then you have a “suspended” allegation that places the blame on the shoulders of New York’s insurance regulators for what they did…
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Some claim that the 1980s “standard of care” for an insurance agent was to look up and rely on the rating from A.M. Best and ignore other signs of concern. A.M. Best rated ELNY its the highest rating of A+ at all relevant times to the placement of the Westrope structured settlement annuities.
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Plaintiffs should have a settlement adviser as my colleagues suggest, but for reasons that my settlement planning colleagues have left out, namely to assist them with making financial decisions at a time of heightened transition stress.
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The “stoning” of structured settlements is a misdirection. Structured settlements were not the problem with ELNY and they are not the problem. To generalize that structured settlements were the problem is not telling the whole story.
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The distinction between an annuity and an insurance contract is the gravamen of an argument and some interesting lawyering in the Executive Life of NY related class action against EPS Settlements Group in Florida.
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ELNY Hardship Fund was a $100 million fund, voluntarily established by life insurance companies, to make awards to applicants who have demonstrated that they face genuine hardships as a consequence of benefit reductions under ELNY structured settlement annuities established in the 1980s.
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The unique set of facts that surrounded ELNY that in the aftermath of the 1991 seizure, and reforms introduced in 1993, reduce the likelihood of recurrence. Failure to adhere to “don’t put all your eggs in one basket” is fated to be cited by business schools and financial texts in the years to come.
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Hudson’s blanket commentary fosters the need to balance sympathy for ELNY victims, ( many minors when their structured settlement was established, who had no say in its creation), with a harsh reality that they do not share with all who have entered into a structured settlement.
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New York Appellate Division, Second Department issued a decision on February 6, 2013, that effectively affirms Justice John Galasso’s April 16, 2012 order placing ELNY in liquidation and approving the ELNY Restructuring Agreement.
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The ELNY Liquidation is expected to affect approximately 1,400 annuitants who entered into structured settlements between 1982-1988. The legal action questioned the fairness of the rehabilitation and liquidation process