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: New York CPLR Article 50A or Article 50B Structured Judgment
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New York CPLR 5041 states “The court, as part of its judgment, shall direct that the defendants and their insurance carriers shall be required to offer and to guarantee the purchase and payment of such an annuity contract”
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Low interest rates continue to amplify structured judgment values in excess of the damages awarded by juries in New York City and elsewhere in New York State. Structured judgment experts can assist and provide a useful contribution as part of the financial analysis of potential case values
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John Griffiths was the lead plaintiff in a class action lawsuit against Aviva and Athene. Athene agreed to provide annuitants a CMA. Some annuitants received a modest financial recovery. A needless, unfortunate episode for the insurers, underscoring the need to be vigilant when insurers transition, or runoff their product lines.
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Structured settlement annuities issued by American General Life Insurance Company are distributed only through appointed agents in all states other than NY. In the State of NY, structured settlement annuities are underwritten by United States Life Insurance Company in the City of New York (US Life).
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When is a discount rate a growth rate in a present value calculation? When a plaintiff has a personal injury lawsuit in the New York City counties of Bronx, Brooklyn, Staten Island, Queens, the suburbs of Westchester, Orange , Nassau,Suffolk, or any county in New York State having sustained future damages in excess of $250,000. A New York jury awards a quantum…
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Negative discount rates, a by product of the low interest rate environment, along with static statutory growth rates and static pre-judgment and post-judgment interest rates creates a bonanza for NY plaintiffs. John Darer® discusses the potential impact on case values, and need for CPLR 50A/50B expertise
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Present value calculations under New York CPLR 50B must also take into account a 4% growth rate on future damages while reducing to present value using the applicable discount rate. So what happens if the growth rate exceeds the discount rate?
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by John Darer® CLU ChFC MSSC RSP CLTC While Article 50-B of the New York Civil Practice Law and Rules (CPLR) is most commonly associated with the payment of damages in personal injury and wrongful death actions, the title of the statute reads “Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful…
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What is Present Value, in relation to structured settlements and structured judgments? Structured settlement expert John Darer reviews how present value applies to a number of legal scenarios (e.g. NY CPLR 50A/50B, and provides a historical perspective of how present value has been manipulated.