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
- A Socratic Exploration: Why “Restructuring Policies” Is Inaccurate in Structured Settlements
- 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
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Category: Plaintiff Attorney Settlement Issues
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Is the structured settlement broker the agent of the Defendant for purposes of “tender” in New York CPLR § 5003-a, or is it an agent of the insurance company? How about the independent contractor who is handling the administration for the structured settlement broker?
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The claimant's husband died in a terrible accident leaving her to raise young children. Although the caller was not a resident of New York at the time the structured settlement was arranged with Executive Life Insurance Company of New York. The obligation of a cadre of well known, mostly still operating liability insurers was transferred via…
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What is Present Value, in relation to structured settlements and structured judgments? Structured settlement expert John Darer reviews how present value applies to a number of legal scenarios (e.g. NY CPLR 50A/50B, and provides a historical perspective of how present value has been manipulated.
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Structured settlements expert John Darer reviews the structured settlement lock-in and the challenges to file closing efficiency created by Defendants or Insurers who, whether by statute or custom, elect not to fund structured settlements in advance of important but unpredictable events.
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The New York General Obligations Law 1705(e) creates an obligation on the part of the defendant or the defendant’s attorney to make:”a statement that the claimant is advised to obtain independent professional advice relating to the legal, tax and financial implications of the settlement, including any adverse consequences and that the defendant or defendant’s legal…
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EPTL 5-4.6 creates an attractive nuisance, that is problematic where there are minor distributees, disabled distributees, unsophisticated distributees, or others who could benefit from a the stable income and tax advantages of a structured settlement and has potential to create legal malpractice exposure
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Disclosure of the annuity cost by the defendant has no impact on the income tax free aspects of a Structured Settlement; rather the unqualified availability is decisive.
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Structured settlements provide safety, security and guarantees. Why gamble if you don’t have to?
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There is no question of the value to a plaintiff or plaintiff attorney retaining their own structured settlement planner or settlement consultant. What is in question are the allegations used by certain structured settlement planners to trial lawyers, to get their business.