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: Misinformation About Structured Settlements
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Crowfly, LLC of Buffalo New York claims to be “The first online marketplace for selling & buying structured settlement payments”. It apparently isn’t. CrowFly’s questionable claim just might be getting Genex Capital’s CEO Roger Proctor’s knickers in a twist. .
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What Milestone is pitching as an annuity is not an annuity, it is a Structured Settlement Receivable. So a big question is why would Milestone Consulting, led by a licensed insurance agent market something, or allow something to be marketed that is not an annuity, as an annuity?
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Structured settlement annuities are not tax exempt. Where used as a “qualified funding asset” the structured settlement payments may be tax exempt, but the essential reason for the tax exemption is the damages that the payments from the structured settlement annuities represent.
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In October 2015, Novation Settlement Solutions exploited a young Black New Yorker through a structured settlement transaction, earning over $1.4 million. They misrepresented questions as “facts” in promoting structured settlements, failing to adequately inform clients. This misleading approach emphasizes the company’s questionable motives in financial dealings.
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Life is not an arc as the structured settlement broker says. Transitions are an iterative process not a linear process. While life may throw you a couple of curve balls, life itself is neither linear nor a smooth curve like an arc.
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The IRS refined definition of fixed and determinable in a series of PLRs. PLR 199943002 (variable annuities) and 201435006 (fixed annuity with index-linked adjustment rider). Fixed obligations must be set forth in the settlement agreement. Determinable payments can be based on an objective formula.
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Gerald Oginski’s statement is misleading and inaccurate. Structured settlements are not funded over time. The defendant or insurer, funds the cost of the future payments up front.. New York State General Obligations Law §5-1702 includes mandatory disclosures.
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Of course not, what the structured settlement consultant says is total howler since one DOES NOT “incur interest” in, or as a result of a structured settlement