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: Structured Settlement Investments
Structured settlement investments are structured settlement receivables, payments not yet received from a structured settlement, that are assigned to investor via a Receivables Purchase Agreement and court order
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Nevada Department of Insurance does not include any reference to “Secondary Market Annuities” or “SMA”” among the types of annuities listed under Nevada law. If a receivable were a legitimate annuity and it isn’t a legitmate, why wouldn’t it be?
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Kansas HB 2810 contains an express exclusion that states and makes it clear that investors in structured settlement receivables HAVE NO SAFETY NET in the event of insolvency of the annuity issuer. HB2810 was introduced February 20, 2024.
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What properly informed professional liabllity insurer wants to undertake a risk when consumers may be pitched structured settlement receivables by potential insureds under a fraud that some individual has sold a structured settlement annuity and the investor is buying a structured settlement annuity?
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New Jersey P.L. 2022, CHAPTER 98, effective August 12, 2022, AN ACT concerning the “New Jersey Life and Health Insurance Guaranty Association Act” and amending P.L.1991, c.208 has SERIOUS implications for NJ investors in structured settlement payment rights.
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The Know Your Client process recently came up in a filing in a Castro County Texas dispute that concerns the Reassignment of Factored Structured Settlement Receivables.
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Partial Summary Judgment granted to Investors (1) Investors are the owners of and have the right to receive payments arising from the Payment Streams; (2) Genex has no right, title,or interest in Keefer’ Payment Streams; (3) Genex had and has no right to withhold, sell, or reassign the Keefers’ Payment Streams.
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Genex Capital Corporation recently issued “recall notices” to investors in pre-2015 structured settlement payment rights where their structured settlement investments are subject to payment servicing. The notice headline is “RECALL FIRST NOTICE—ACTION REQUIRED”
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The hammer is coming down on the possibility of any investors in structured settlement receivables (factored structured settlement payment rights), deriving any benefit from insolvency protections designed to protect buyers and beneficiaries of legitimate annuities and life insurance.
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Rising interest rates hurt structured settlement factoring originators like CrowFly. They cannot afford to get the pricing wrong on the originatons, because if interest rates move up and they’ve priced too low, they may not be able to move the paper to investors.
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The risk for people who are already invested in other people’s structured settlement payment rights is that the exclusion is applied retroactively and they have no protection in the event of insolvency of the underlying annuity issuer or bankruptcy of the qualified assignment company.