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
New York CPLR Article 50A or Article 50B are New York’s structured judgment statutes, in place since 1985 and 1986 respectively. Damages in excess of thresholds, which differ for Article 50A and Article 50B, have to be paid periodically. Hvaing an understahnding of the variables before heading into mediation can be helpful prior to and whil eattending mediation.
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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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Lower interest rates impact plaintiffs favorably in New York structured judgment projections. Plaintiff lawyers, defendants, insurers and defense lawyers can benefit from having a settlement adviser or consultant who is fluent in the application of Articles 50A and 50B
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Bond yields increasing across the spectrum reduce plaintiffs’ CPLR Article 50B net discount rate advantage on structured judgments in New York. A discount rate inversion has served to inflate present values in excess of the actual numbers awarded by the trier of fact, for over a decade.
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In 2026, several life insurance companies provide structured settlement annuities for personal injury and related claims in New York City and surrounding counties. Key issuers include Metropolitan Life, New York Life, and Prudential. Only three companies offer annuities for structured judgments under specific legal articles due to strict provisions.
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The rated age action announced by AIG Structured Settlements is a responsible decision for a company that is in business to insure long term obligations. It reflects very positively on AIG’s quality control. In its notice AIG reaffirmed its commitment to the structured settlement industry.
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Increasing yields on the 10 year United States Treasuries narrow the negative interest rate spread that has served as a growth rate when calculating the present value of damages under NY CPLR Article 50-B for almost a decade.
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Should you bring a structured settlement expert to a mediation? While a few attorneys may think that the presence of such a consultant weakens the negotiating position, here are 11 ways that a structured settlement expert can help attorneys or adjusters at a mediation or settlement conference.
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The low interest rate environment continues to favor New York plaintiffs with strong liability cases due to the 30 year old statutory growth rates juxtaposed against today’s low interest rates.
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Present value is important for plaintiffs, defendants & insurers of defendants litigating personal injury cases in jurisdictions throughout New York State. Present value is an important factor in valuing a case for settlement after a jury or judge has delivered a verdict, or projecting potential outcomes
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Can the Affordable Care Act help reduce future medical damages in jury awards in New York? The discussion about introducing the Affordable Care Act as a collateral source continues to spark debate.