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 Structured Judgments
In New York, CPLR Articles 50A and 50B are statutory provisions that govern how certain personal injury, property damage, and wrongful death judgments must be structured when the total award exceeds a specified threshold.
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by John Darer CLU ChFC MSSC CeFT RSP CLTC Health insurers request steep ACA premium hikes for 2027 Health insurers are requesting significant premium increases for 2027, with some proposals as high as 30%. The increases are attributed to rising medical costs and the expiration of enhanced Affordable Care Act premium tax credits. Some states…
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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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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.
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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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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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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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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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What happens when a jury awards future damages for pain and suffering under CPLR Article 50-A or 50-B and plaintiff dies the next day? Does the plaintiff lose their recovery for the element of future damages to be paid in cash?