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: Plaintiff Attorney Settlement Issues
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Common issues related to structured settlement quotes and funding which should be of interest to plaintiff attorneys, plaintiffs, insurance adjusters, defense attorneys and other interested parties or stakeholders in the structured settlement process across the United States
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Can structured settlement annuitants sell annuity polices? Do settlement purchasers buy structured settlement annuity policies? NO. In a structured settlement, the payee does not own the annuity policy that funds their payments.The annuity is owned by a qualified assignment company.
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Alliance for Pooled Trusts seeks to provide peer review of the administration of Pooled Special Needs Trusts through the process of accreditation and continual ongoing training opportunities, resources, and tools.
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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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A Buffalo, NY settlement planner boldly declared in a sworn affidavit that they were a “certified settlement consultant.” This impressive-sounding but bogus title was not just mentioned once but flaunted twice in the same affidavit, which was presented to the Surrogate’s Court in Erie County.
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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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Is a structured settlement an annuity? A structured settlement is not an annuity, it is a form of settlement that is typically funded with an annuity, but may be funded with other vehicles. An annuity is a type of qualified funding asset defined under IRC 130(d). A structured settlement can also be funded with United…
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If a qualified settlement fund is a trust under state law,as required by tax regulations, wouldn’t any income and gains generated by the investment of the assets in the trust be subject to tax on a state or federal level?
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Tthere was NO dispute about the amounts K-Mart should pay to states and the federal government; that there was NO controversy concerning the releases K-Mart would receive in exchange for payments and that there was NO dispute about the amount of (relator) Ireland’s share or his attorney’s fees.”