Litigation

Delaware Insurance Consumer Protection

Posted on February 18, 2010
The Delaware legislature has signed into law H.B. 202 which is designed to provide increased consumer protection in the event of carrier insolvencies, with implications concerning structured settlement annuity plans to both payees and beneficiaries; and long term care...

IRS Hearings on IRC 104(a)(2) Tax Exclusion

Posted on February 18, 2010
"The structured settlement industry should not lose sight of its chance to influence the regulations actually proposed by the Treasury (Department)"- As they say "out of the mouths of babes", or in this case "Babs". I'm of course referring to...

Why Leave "A Job You Can Never Be Fired From" That Is Not Subject To Income Taxes?

Posted on February 14, 2010
Emerald Funding Corp of Secaucus, NJ casts a flawed stone on Valentine's Day with a structured settlement factoring "FAQ up". This is what Emerald Funding Corp claims on its web site: "Isn?t it better to get less money up front...

NoMore Waiting.Com ..." A Member in Good Standing of NASP"?

Posted on February 12, 2010
The advertisement on a cash now pusher website called NoMoreWaiting.Com claims that NoMoreWaiting.Com is "a member in good standing of the National Association of Settlement Purchasers". The Google Ad No More Waiting! Settlement Cash Now! Member in good standing of...

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Law Firm Network Advises Against Using QSF Involving Single or Derivative Claimants!

Posted on February 12, 2010
Tab H. Keener an attorney with Dallas, TX defense law firm Downs Stanford PC, has penned "What is a QSF and When It Should be Used?" which was posted on the Primerus website November 11, 2009. Primerus is an international...

Novation Capital Stop Bothering California Woman on DO NOT CALL List!

Posted on February 12, 2010
There is a reason why there is a Do Not Call LIst. Apparently solicitors for Cash now pusher Novation Capital don't get it. One of our readers writes l"I'm trying to figure out how to sue Novation for violating the...

The Relationship of Search Term Relevance To Traffic Quality On Structured Settlement related websites

Posted on February 11, 2010
If you have a commecial website then It is vital that you attract vistors who are searching for the products or services that you have on offer. Lack of relevance will result in almost certainly result in a high bounce...

Most Popular Structured Settlement Information Websites -February 2010

Posted on February 11, 2010
Three Month Trailing Top 10 Global Traffic Rank (Alexa Rank as of 02/10/2010) of Structured Settlement and Settlement Planning Industry websites* (+ or- traffic from 01/12/2010 report). Lower number means more traffic (e.g. Google.com is ranked 1 in the overall...

New York Insurance Producer Compensation Transparency Law To Take Effect January 2011

Posted on February 10, 2010
The final New York insurance producer disclosure regulation was published on February 10, 2010 and is to take effect January 1, 2011. Some Producer advocacy groups feel that the new law (11 NYCRR 30) includes requirements that they believe will...

IRS and DOL Interest in Lifetime Annuity Payments Bodes Well For The Future of Structured Settlements

Posted on February 09, 2010
In a development that should be of interest to structured settlement and retirement planning stakeholders, the Internal Revenue Service and the Department of Labor?s Employee Benefits Security Administration (EBSA) have published a request for comments regarding lifetime income options for...

NSSTA Offers a Ricci Response to IRS on Risk's Single Claimant 468B Fandango

Posted on February 09, 2010
In Sorcery and "Risk" Craft in Back Door Rescue to Single Claimant IRC 468B QSF" we discussed Dick Risk's "magic potion" for the rescue of the single plaintiff qualified settlement fund project. The NSSTA has pounced with all the fervor...

National "Plaintiffs" Structured Settlement Firm's Needlessly Misleading Advertising

Posted on February 09, 2010
Another national settlement planning firm, has tripped over the use of an absolute descriptive in their advertising. Despite common industry knowledge that a principal of the firm does defense work, the firm's website proclaims " We are solely retained by...

Structured Settlement vs SPIA

Posted on February 09, 2010
An industry colleague ran into a situation today where a financial advisor is recommending that the plaintiffs take cash and purchase a SPIA in lieu of receiving a structured settlement and called to ask me for my thoughts. A Single...

Structured Annuities Inc. Lays Down Rifle But "Can't Boil The Hog"

Posted on February 06, 2010
Well it's clear that the principals of Structured Annuities, Inc, became aware of this blog because the media celebrating their 2007 "bird killing event" has been removed from their website, an event we reported on in Structured Settlement Kill Zone:...

Principle v Principal- Financial Literacy Moments of 2010-3

Posted on February 06, 2010
This just in from the Attorney Finance Blog* of a company that lends money to trial lawyers, that also "moonlights" in settlement planning industry for attorneys: "No principle payment until the underlying case is resolved. The firm is not required...

Disclosure of Structured Annuity Cost by Defendant Not Constructive Receipt

Posted on February 05, 2010
Every now and then lawyers and mediators have displayed confusion concerning the implications of disclosing the cost of a structured settlement to a plaintiff or a plaintiff attorney. The confusion by some centers on the misperception that constructive receipt is...

Where Are You Going To Put Your Settlement Money Now?

Posted on February 04, 2010
Still feel comfortable putting your settlement money in the stock market? Today's headlines from CNBC Dow Down 4% after brutal sell off Dow Jones Industrial Average has dropped 6.7% from its 52 weeks closing high on January 19, 2010 S&P...

Financial Literacy Moments of 2010-2 "Structured Settlement Liquidity"

Posted on February 02, 2010
To highlight the issue let's start with an adaptation of the classic courtroom interchange between Lieutenant Lionel Caffey and Colonel Nathan Jessup from "A Few Good Men": Structured Settlement Website: You Want Answers? Plaintiff: I think I'm Entitled Structured Settlement...

Eradicating Credential Puffery in the Settlement Industry One Company At A Time!

Posted on February 02, 2010
The following is an excerpt from a recent communication from an NSSTA member firm to its members concerning advertising of the Certified Structured Settlement Consultant (CSSC) professional designation. There are still alot of people flouting the NSSTA guidelines...

Structured Asset Funding Principals STILL OWN Bentzen Funding Solutions

Posted on February 01, 2010
Our sources tell us that Rhonda Bentzen has been quietly been yakking up a new factoring funding source, purportedly in part due to the inevitable funding delays with Structured Asset Funding (some of which we've highlighted here). Yet according to...

Is The "Oldest and Largest Settlement Annuity Company" Also The Biggest Puffer?

Posted on February 01, 2010
IS RINGLER ASSOCIATES ACTUALLY PROUD OF THIS? We reported over 2 months ago that In discussing the role of the structured settlement broker on its website, Ringler Associates states: "Obviously, the structured settlement broker with access to the most life...

Financial Literacy Moments of 2010-1

Posted on February 01, 2010
This week's financial literacy lesson comes to us from a review of the website of cash now pusher Northeast Capital Funding: 1. "Many States have recognized the need for lump sum payoffs, and have provided for them in their by-laws"...

What is "Period Certain and Life" or "Years Certain and Life"?

Posted on January 31, 2010
The question was "I HAVE A STRUCTURED SETTLEMENT FROM AN ACCIDENT SETTLEMENT THAT SAYS "YEARS CERTAIN, AND LIFE". WHAT DOES THAT MEAN?" Answer: Years Certain means the number of years that the payments that are described as certain will be...

Structured Settlement Entities "Duke It Out" In South East Asia!

Posted on January 31, 2010
"Mai Thai" NSSTA Baby Risk S2KM's Herr Bearon Von Wiki-toven Three structured settlement websites now draw over a third of their traffic from outside the United States. The three websites are: National Structured Settlement Trade Association 36.7% (almost 22% of...

Treasury's Financial Crimes Unit Eyed Potential Purchase of Structured Settlement by Terrorist Organization

Posted on January 31, 2010
Buried on page 34 of the 74 page January 2010 Suspicious Activity Report Filings of the United States Treasury's Financial Crimes Enforcement Network is: "Another report described an inquiry from a third-party structured settlement broker regarding the possible purchase of...

The Ironic Man: Settlement Professionals Inc. Affiliate Promotes NSSTA.

Posted on January 30, 2010
When the principals of Settlement Professionals, Inc. split off to expand their structured settlement general agency, a decision made to sever ties with the National Structured Settlement Trade Association ostensibly due to SPI principals' perception that NSSTA did not adequately...

Mears in Paradis!

Posted on January 27, 2010
Cam Mears, formerly AVP Structured Settlements at Chartis Insurance has landed in Paradis! That's Crowe Paradis, the national Medicare Set Aside/MSP compliance company in North Reading, MA where he is Product Sales Manager. We wish Cam well.

Qualified Assignments 101, What is a Qualified Assignment?

Posted on January 27, 2010
A qualified assignment is a transfer of the obligation to make future periodic payments under a settlement agreement, which satisfies the requirements of Internal Revenue Code (IRC) § 130. In a structured settlement agreement the original obligor (the defendant, insurance...

Qualified Assignments 101, What is a Qualified Assignment?

Posted on January 27, 2010
A qualified assignment is a transfer of the obligation to make future periodic payments under a settlement agreement, which satisfies the requirements of Internal Revenue Code (IRC) § 130. In a structured settlement agreement the original obligor (the defendant, insurance...

Kleinick "Flips The Bird!"

Posted on January 25, 2010
On the Kleinick Law website. licensed structured settlement broker" Keith Kleinick says that a "quailed funding asset* "allows NSSTA broker members to "sell" structured settlements more effectively and amounts to a huge tax benefit for the insurance companies...

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