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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NY personal injury lawyers should bring in a credentialed financial settlement expert, experienced with CPLR 50A and/or 50B structured judgments and caluclations, as early as possible to help them and the clients analyze their options, document their file and make the best fully informed decisions
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A significant issue for a plaintiff with large recovery is that a structured judgment is not customizable like a structured settlement and comes with the risk that the non guaranteed portion of the recovery could evaporate in the event the plaintiff dies prior to the end of the defined life contingent period.
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The gist of New York Appellate Division’s 2001 decision in Lyons v MMIA, was that contractual privity exists in a settlement, and intentional or negligent misrepresentation of the structured settlement annuity’s cost by the defense constitutes fraud”
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What are the ramifications in a New York CPLR Article 50-A or 50-B structured judgment if the annuity issuer and/or insurer goes “belly up”?
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It is critical to note that the final resolution of a New York matter which results in the periodic payments embodied in New York CPLR 50A or CPLR 50B IS NOT a structured settlement. It is a structured judgment. Structured settlements can be customized. Structured judgments are rigid.
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Not withstanding an educated personal preference of the attorney or client, be wary of the opportunistic settlement planner who uses today’s report to situationally trash AIG to suit their personal financial interests while concurrently placing business with them.
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The calculations for a structured judgment under New York CPLR 50B are complex and require significantly more knowledge by the settlement professional than running a structured annuity quote.
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The AIG/American General life underwriting companies were rated A+ (Superior) by AM Best effective June 17, 2008. While it represents a downgrade, an A+ rating puts AIG/American General on par (from A.M. Best standpoint) with the most of the structured settlement annuity underwriting companies at time of posting
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The New York Court of Appeals, New York’s highest court recently decided that defendants have permission to privately interview the treating physicians of personal injury plaintiffs after the close of discovery. In permitting this, the Court appears to have cast aside the privacy provisions of HIPAA.