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
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- One Year Later: The Structured Settlement–to–Bitcoin Anniversary Nobody Is Celebrating
- SettlementDecisions Episode 4: Purports to be a Directory-Delivers Spam Instead
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Category: Philadelphia Personal Injury
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Pre-funding a structured settlement can expedite the closing process and safeguard favorable rates in fluctuating interest environments, benefiting all parties involved. Insurance companies often issue pre-fund refund letters, minimizing risks for defendants. This approach is particularly useful in complex court systems like New York, ensuring timely funding of settlements.
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The settlement is “in lieu” of plaintiff’s human capital lost in the 1981 plane crash. The Yerkes settlement is intended to be a 1-to-1 replacement of damages awarded to Plaintiff in his original suit alleging physical injury, staying faithful to the principle of “human capital” rationale that emanates from Section 104(a)(2) as instructed by the Supreme…
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Yerkes v Cessna became a seminal case for novation under a qualified assignment. After failing to bust the qualified assignment, Yerkes then sued his lawyers, based upon representations about Cessna’s and the London underwiters’ post qualified assignment responsibilities that were incorrect.
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Central to dismissal against Cessna and Certain Underwriters at Lloyds of London, was that there was a qualified assignment to which Yerkes consented. But Anapol missed or punted on readily available sources of info on Executive Life that should have given them pause in my opinion.
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The article, by John Darer, discusses the complexities and potential legal issues surrounding factored structured settlement receivables as qualified funding assets. It raises concerns about misrepresentations of structured settlement payment rights, questioning the legitimacy of these agreements and their tax implications under Internal Revenue Code. The author urges readers to seek clarification and professional advice.
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The fact that “settlement planners” are using the term “structured settlement planning”, separate and distinct from “settlement planning” is recognition of the specialized knowledge and skill in planning with structured settlements. A structured settlement is a core settlement planning tool. FACT.