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: Qualified Settlement Fund
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In January 2017, Dick Risk and Steve Berman filed a lawsuit against AIG regarding broker commissions, but it was dismissed in September 2018. They appealed, with arguments heard in March 2019. The analysis critiques Risk’s theory on Qualified Settlement Funds, questioning their effectiveness and highlighting issues with commission practices for plaintiffs.
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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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The claimant DOES NOT control claims dollars. Each party is free to negotiate and make offers or demands in the form they choose and each can agree or disagree to terms.
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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.”
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A Structured Settlement must be made a part of the settlement and must be incorporated into the settlement documents as part of the consideration for the settlement.
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Potential abuse of Qualified Settlement Funds observed by a leading settlement tax authority.
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Be cautious about using a Qualified Settlement Fund when your settlement planner is promoting it on the basis of “full market access” to structured settlement companies. It’s the opposite when your case involves a single claimant. The limitations to your client on large cases might mean that the client is not able to meet an…
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Do Qualified Settlement Funds really offer plaintiffs “UNLIMITED” time to address investments,including structured settlements?
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A qualified assignment is a regular part of a structured settlement in the resolution of a personal injury, medical malpractice, or wrongful death claim or lawsuit (or non-qualified assignment where the structure is of taxable damages). What is a qualified assignment?
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It’s NOT simply buying a structured annuity and transferring the ownership of the annuity. The Court’s memorandum expressly states “purchased”. Neither the Defendants nor their Insurers purchase the structured settlement annuity where there is a qualified assignment. The Assignee does.