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
- New Jersey Structured Settlement Factoring Reform NJ A5695 — Tighter Rules for Structured Settlement Cash Now
- Daily Rates: An Important Cost Driver of Structured Settlements
- 🔥Founder and Former CEO of 777 Partners, Joshua Wander, Pleads Guilty⚖️ to $500 Million Fraud Scheme — DOJ Confirms Double‑Pledging, Misappropriation of Structured‑Settlement Funds, and Falsified Bank Statements
- The Steering Problem Needs a Wake‑Up Call
- Companies Still Using the Incorrect Term “Secondary Market Annuity”
about
Category: Qualified Settlement Fund
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Aviva Life and Annuity Company, along with its NY subsidiary, ceased issuing structured settlement annuities in December 2008. In 2013, Athene acquired Aviva’s annuity business. Aviva’s predecessors included Commercial Union Life, CGU Life, Aviva Life Insurance Company, and respective NY cos
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The structured settlement industry is buzzing about the abrupt decision of Aviva to cease writing NEW structured settlement business effective December 15, 2008. The company is NOT going out of business , it is simply stopping writing structured settlements.
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If it was as simple as a state court judge being the final arbiter on tax disputes, why, over 5 years ago, did the Society of Settlement Planners hire expensive NYC law firm Skadden Arps to request guidance from the Treasury Department on single claimant 468B qualified settlement funds?
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When pressed for an answer any qualified settlement adviser will tell you that while a 468B qualified settlement fund is a useful settlement tool, it is neither appropriate nor practical to use an IRC 468B Qualified Settlement Fund for every case of every size, single claimant or otherwise.
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The United States Depart of Treasury has issued long rumored Final Regulations on IRC 468B. Before “QSF jockeys” start cracking open their Veuve Cliquot, the issue of “single claimant” qualified settlement funds was NOT addressed, despite being on the Guidance Project list.
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I’m talking about the kind of “shrinkage” that mischaracterizes a useful settlement planning tool for “solid waste”. That is the major difference that exists between ” IRC 468B” and IRC 468b or 468(b)
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San Francisco tax attorney Robert W. Wood has penned an interesting article in the February/March 2008 edition Journal of Tax Practice and Procedure entitled "Electing 468B Trust Treatment for Lawyer Trust Accounts After Receiving Settlement Proceeds". Relation Back Election Wood suggests that it is possible to "save the day" using what is known as the…
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The Oregon Insurance Division today indicated that it concurs that a life insurance agent or broker (i.e. structured settlement broker) paying the expenses of a qualified settlement fund IS an illegal inducement.
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If certain requirements are met Rev-Proc 93-94 permits the QSF to be a party to a suit or agreement for the purpose of IRC 130, thus enabling qualified assignments to be done out of a qualified settlement fund
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It is unfortunate that the overly aggressive and excessive use of QSFs by a small group of structured settlement brokers and planners could potentially lead to unfavorable outcomes from the Treasury. This may prompt increased scrutiny from annuity issuers and reduce options available to injury victims.