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: IRC 468B Qualified Settlement Fund
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The notion that a qualfied settlement fund can purchase a structured settlement annuity is unsupportable and improbable, setting aside the settlement planner’s gaffe related to IRC 468(b), which relates to “Special rules for mining and solid waste reclamation and closing costs”..
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An New York attorney for a New York firm that is a heavy promoter of Firmwide QSFs has made quite the gaffe in an article promoting firmwide QSFs. “Payoff/1099 to Defendant”? Oh dear. Firmwide QSFs were debunked in two legal memoranda.
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How a Single Claimant Qualified Settlement Fund Was Recently Used to Circumvent an Insurer’s Approved List of Structured Settlement Annuity Companies
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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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The claimant DOES NOT control claims dollars. Each party is free to negotiate and make offers or demands in the form they choose and each can agree or disagree to terms.
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The State of New Jersey has taken the position that money in a qualified settlement fund is an available source of income and resources for New Jersey Medicaid beneficiaries.
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Qualified settlement fund “experts” who overlook how you “saddle up the horse” when you “get to the rodeo” could result in broken bones, just as it did for a plaintiff’s structured settlement planning firm
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A plaintiff cannot compel a Defendant or its Insurer to pay settlement proceeds into a Qualified Settlement Fund involving a single plaintiff says a Florida Court Order dated June 2, 2011, despite the fact that establishment of a qualified settlement fund had already been approved by the court in a settlement with a co-Defendant
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Can you structure damages paid for pre-death pain and suffering or other elements of damages originating PRIOR to the decedent’s death? Can a decedent’s heirs avoid these elements of damages by simply allocating 100% to wrongful death?
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With respect to single claimant qualified settlement funds, Keener suggests to other Primerus network defense lawyers that there is no comfort to be had by defendants and insurers in plaintiffs and their attorneys providing additional indemnification