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.
recent posts
- Corinthian Museum of Content Barfing — News Flash
- SettlementDecisions Episode 5: What SettlementDecisions Really Is — A Lead Funnel, Not an Information Source
- Structured Settlement Annuity Guarantees Help Financial Peace of Mind
- How Sheron Jones Was Exploited — And Why D.C.’s Failure to Mandate IPA in SSPA Enabled It
- Attorney Fee Structured Settlement Factoring
about
Category: New York Structured Settlement Practice
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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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Frequent time delays in Surrogate’s Court in Bronx, Kings, Queens, New York, Richmond (Staten Island) and other New York City counties are hurting the very people that the Surrogate Judge is supposed to protect when the plaintiffs want or need structured settlements.
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New York State General Obligations Law 5-1702 places a burden on defense lawyers, defendants, insurance adjusters having New York adjudicated casesthem or their client to make certain written disclosures when a structured settlement is negotiated.
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Post settlement underwriting, is a virtual impossibility in states like NY, FL, MA and MN, whose statutes mandates a disclosure of cost to be made by the Defendant or Defendant’s legal representative at the time structured settlement is negotiated (See New York General Obligations Law §5-1702 .
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Both Plaintiffs and Defendants can be harmed by hiring structured settlement brokers who don’t know what they’re doing. They need to seek structured settlement experts the same way they look at other experts.
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Can a defendant “force” a supplemental needs trust (or an HMO) on an adult plaintiff with whom the defendant is in litigation where there is good liability for the plaintiff?
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Defense counsel cannot be ignorant of the law, since the law expressly places the obligation of disclosure on them and the Defendant, NOT the insurance company, or the structured settlement broker brought in by the insurance company.