Home -> Law Blog Directory -> Disability Law Blogs -> Beyond Structured Settlements
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Disability Law
: Beyond Structured SettlementsWest Virginia House Bill 4380
By Patrick Hindert
The 2000 agreement between the National Structured Settlement Trade Association (NSSTA) and the National Association of Settlement Purchasers (NASP) to support the Model Structured Settlement Protection Act (Model Act) appears to be in jeopardy this week in West Virginia.
Since 2000, NSSTA and NASP have jointly promoted the Model Act to state legislatures with considerable success including support from state attorneys general, state bar associations and the National Conference of Insurance Legislators (NCOIL). Forty-eight states have enacted structured settlement protection statutes many of which are patterned after the Model Act. Recent amendments to these state protection statutes, such as Pennsylvania Rule 229.2, have generally received favorable reviews from both NSSTA and NASP.
NASP representatives, however, are accusing NSSTA of violating their legislative agreement by failing to oppose West Virginia House Bill 4380. Currently under consideration by the West Virginia House Banking and Insurance Committee, House Bill 4380 would amend and reenact Section 46A-6H-3 of the Code of West Virginia titled "Transfers of Right to Receive Future Payments".
The stated purpose of House Bill 4380 is "to increase protection of beneficiaries to structured settlements as they relate to settlement transfers". In its current form, House Bill 4380 contains three controversial provisions not included in the Model Act:
- A requirement for a court to approve a guardian ad litem for the consumer in all transfer cases;
- A "clear and convincing evidence...of financial hardship" standard in addition to the Model Act's "best interest" standard;
- A maximum discount rate not to exceed "the current annual average percentage rate of interest on twenty year residual mortgages offered in this state, as determined by the banking commissioner."
Representatives of NASP, which opposes House Bill 4380, claim the above provisions violate the Model Act and, if enacted, could effectively end structured settlement transfers in West Virginia. NASP representatives have called upon NSSTA to honor its agreement to support the Model Act by opposing House Bill 4380. NASP contends that NSSTA's failure to oppose House Bill 4380 is a de facto violation of their 2000 legislative agreement and threatens future cooperation between the two trade associations. In addition, they point out that Ronald N. Walters, one of legislative sponsors of House Bill 4380, also manages the Charleston, West Virginia office of Structured Financial Associates, Inc. (SFA). SFA is a NSSTA member.
According to a NSSTA source, however, "NSSTA has had nothing to do with introducing House Bill 4380. Although NSSTA does not intend to oppose House Bill 4380, NSSTA still approves the Model Act."
For additional information about state protection laws, see Section 16.04 ("Structured Settlement Protection Acts") in "Structured Settlements and Periodic Payment Judgments".
Full post as published by Beyond Structured Settlements on February 14, 2008 (boomark / email).
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Federal Transportation Equity Act of 2005
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
House Closing
Sealing a home sale
West Virginia Child Advocate Office Faces Class Action over Child Support
West Virginia Child Advocate Office Faces Class Action over Child Support
State of Virginia
$11 million settlement reached in Virginia Tech massacre.
School House Abuse
Selwyn House School agrees to $5 million teacher molestation settlement.
Great-West Lifeco Must Pay $456 Million In London Life Class Action
Great-West Lifeco Must Pay $456 Million In London Life Class Action
Phone Bill Reduction
Qwest agrees to $16 million settlement in overcharging lawsuit.
Nestle USA
Recalls Toll House Refrigerated Cookie Dough Products

West Virginia Doesn't Listen to Me
Legislating Broadband in West Virginia
When I Talk, West Virginia Listens
Challenge to West Virginia Med Mal Reform
West Virginia House Bill 4380 Seems Good For Tort Victims, so WTF
What to expect from West Virginia








