Cut through the crap here! Structured settlement information and news, settlement planning issues/ ideas, alternative deferred payment solutions, muckraking commentary, exposes from The Structured Settlement Watchdog™ and expert opinion that may be helpful to attorneys, claimants, adjusters, judges, the news media and interested others, delivered with a dash of humor and occasional irreverence. Check back daily for something new, or simply ask structured settlement expert John Darer™ directly 888-325-8640
In downgrading United States government debt to C-, Weiss Ratings says it is NOT predicting a default, but the downgrade adds urgency to Weiss ratings' earlier recommendations to avoid all medium- or long-term government securities. Weiss says you can still hold short-term T-bills. But be sure to hedge against the growing dollar risks .
Here is the press release Weiss issued today about the downgrade
Weiss Ratings Downgrades United States Debt to C-Minus
JUPITER, Florida (July 15, 2011) — Weiss Ratings, an independent rating agency of U.S. financial institutions and sovereign debts, has downgraded the debt of the United States government from C to C-minus.
The C-minus rating for the U.S. reflects a continued deterioration in the weaknesses cited in the Weiss Ratings release of April 28, 2011, including heavy debt burdens, shaky international stability, and poor economic health.
Weiss Ratings senior financial analyst Gavin Magor commented in the Weiss Ratings press release: “Our downgrade today is not contingent on the outcome of the debt ceiling debate in Washington. It is driven exclusively by the numbers, which indicate that, in addition to a decline in the long-standing weaknesses we noted three months ago, the U.S. has already lost the golden halo that helped guarantee liquidity and acceptance of its government securities in global markets.”
On the Weiss Ratings scale, which ranges from A (excellent) to E (very weak), a C-minus rating is the approximate equivalent of a triple-B-minus on the scales used by other credit rating agencies, or approximately one notch above speculative grade (junk).
Weiss Ratings is “very close” to downgrading U.S. government debt another notch, to “C-minus” on its own scale, just a step above junk, Martin Weiss, president of the ratings group, told CNBC.
My tabulation of Weiss ratings of various structured settlement annuity issuers was not surprisingly not well received by all of the insurers because Weiss does not give the highest ratings to some companies that have high ratings from S&P or A.M Best or others. With some obligations stretching decades into the future, I personally believe that there is more gain than loss in an insurance or annuity purchase decision from having as much information a possible at your disposal.
Harsh criticism has been rained on the better known rating agencies due to the most recent financial crisis. They also came under significant criticism two decades ago during and especially after the junk bond crisis of the mid to late 1980s.
Yet insurance industry scholar Joeph Belth, author of the Insurance Forum since 1974, and professor emeritus at Indiana University shared some critical thought on Weiss Ratings in his February-March 2005 Special Report "Why We Omitted The Weiss Ratings From Our September 2004 Special Ratings Issue" (Belth had tracked Weiss ratings in that report for about 11 years up to that point).
Recognition Problem
Belth observed that few insurers had Weiss ratings displayed in advertisements, even by insurance companies with high Weiss ratings.
Belth observed that Weiss ratings were not disclosed in Securities and Exchange Commission filings by public companies with insurance subsidiaries. Contrary to the common notion that the companies omitted them because Weiss gave them low ratings, Belth surmises that Weiss ratings were not considered material information for purposes of such financial disclosures.
Perception Problem
Belth opined that the lettering system used by Weiss adds to the confusion. For example an A+ rating in Weiss is the highest rating while it is a rating down a few notches from others. How about Moody's? If a company has a Baa rating are we supposed to boo or bleat?
And isn't a "Caa" something that you pahk in "Hahvad yahd"?
independence Claim By Weiss
One of our readers, an officer at a life insurer, recently stated to me that Weiss never interviewed any of his company's management before coming up with a rating. Indeed that is the point with Weiss. Weiss claims to rely solely on public information, does not meet with company management, and consequently does not risk being influenced by management.
Belth opines that there are three problems with that claim:
Weiss obtains nonpublic information from and meets with the management of some rated companies.
Although most ratings assigned by the other rating firms reflect nonpublic information and meetings with management, the other rating firms assign some ratings based solely on public information.
The expert consensus is that the quality of rating opinions is enhanced by obtaining nonpublic information and meeting with management.
Belth also opined in the article that he thinks "the fact that the other rating firms receive money from rated companies does not significantly affect the quality of the rating opinions, especially in view of the strong competition among the rating firms".
"Hemingwayyyyy.".. if you want a copy, here's the "411":
The Insurance Forum, an independent periodical, is published by Insurance Forum, Inc., P. O. Box 245, Ellettsville, Indiana 47429. Telephone (812) 876-6502. www.theinsuranceforum.com. ISSN 0095-2923. You can obtain a free 4 page reprint of the original article by contacting them.
You've just been told that the insurance company you are considering for your structured settlement or retirement annuity is rated A+. What exactly does that mean?
Generally when one hears "it's an A+ rated company" the speaker is referring to the financial strength rating of A.M Best & Company.
According to its April 18, 2011 Ratings Guide "a Best's Financial Strength Rating is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. It is based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile".
Other companies such as Standard & Poors, Fitch , Moodys and Weiss, also assess and publish ratings of an insurance company for financial strength and/or claims paying ability. It should be noted that with the exception of Weiss, an insurance company must pay a fee to the rating agency in order to be rated. Further it should be noted that, with the exception of Weiss, for the other rating agencies, with the exception of Weiss, an A+ rating is not one of its superior ratings.
Whie traditionally the A.M. Best ratings are stated first, be aware that some companies are creative in "window dress" their ratings so that for exmaple an A+for Fitch appears on the top, while a lower A (Excellent) rating from Best appears last
Good news for AIG structured settlement annuitants.
Fitch Ratings has upgraded the Insurer Financial Strength (IFS) ratings of American International Group, Inc.'s domestic life insurance subsidiaries known as SunAmerica Financial Group to 'A' from 'A-'. The Outlook for all ratings is Stable.
Fitch states "The rating action of April 25, 2011 follows a review of SunAmerica Financial Group's recent financial results. The upgrade reflects the company's improved financial profile as evidenced by higher operating earnings, reduced investment losses, lower surrender experience, and higher capital adequacy metrics. Overall, this operation has stabilized from the significant adverse effects of the financial crisis and AIG's unique place in it." Highly significant! "The IFS rating is a stand-alone rating and does not reflect any uplift for U.S. Treasury ownership". (emphasis added)
Members of AIG's Sun America Financial Group include the following current structured settlement annuity issuers: American General Life Insurance Company and United States Life Insurance Company In The City of New York; as well as former structured annuity issuers: Variable Annuity Life Insurance Company and Western National Life Insurance Company. AGC Life Insurance Company, an upstream holding company to American General Life which guarantees the performance of the qualified assigmnment company that purchases American General Life annuities as an IRC 130(d) "qualified funding asset" was also upgraded/
Other AIG-related ratings such, as Chartis Insurance, were not affected by this action.
Unfortunately those structured settlement annuitants who panicked and sold their structured settlement payment rights may regret their decisions.
Perhaps the predatory "vultures" from Woodbridge Investments, LLC, who issued a press release soliciting AIG annuitants on September 18, 2008, can sleep a little easier tonight knowing that their "hoard" is deemed safer.
If your financial adviser is recommending a bond fund over the "ultimate* in predictable income" of a structured settlement you better read this:
"Your bond fund may be riskier than you think.
For years, the fund industry and research firms have assessed the safety of bond funds by analyzing their holdings' underlying credit quality. Now, amid concerns that the measurement could understate the risk that the bonds will blow up, Morningstar has changed its methodology to count lower-rated bonds more heavily". The Wall Street Journal September 25, 2010 "How Safe is Your Bond Fund?"
Research from the Securities Litigation & Consulting Group Inc., a Fairfax, Va., consulting firm that provides expert witnesses to regulators, law firms, banks and brokerages publishe din November 2009, found that the mutual fund industry often reported average credit-quality ratings that were at least one whole letter credit-rating higher than the portfolios' true credit risk.
Under the new Morningstar system
13.85% of domestic taxable bond funds had average credit ratings of AA, or investment grade status (from 36.38%)
13.36% had average credit ratings of BB, or junk bond status
Notes
Structured settlements are funded by annuities issued by legal reserve lfe insurance companies or using obligations of the United States government.
Life insurance companies must certify an asset/liability match annually to each state their are admitted in.
A bond fund is not a bond
Since the net asset value of a bond fund may decrease over time it is possible, depending on the date you withdraw, that you may not get your principal back. How will the traditionally inverse relationship between interest rates and bonds affect the bond fund (and your capital) if yields increase in the coming years?
* a recent article in Investment News referred to immediate annuities as the "ultimate in predictable income"
On June 10, 2010 Weiss Ratings updated its list of the strongest and weakest life insurance companies and annuity issuers. The following current and former structured annuity issuers made the list of the strongest annuity issuers. The Weiss rating for each company is shown.
Allstate Life Insurance Company B+
Amica Life Insurance Company A-
John Hancock Life Insurance Company of New York A-
Massachusetts Mutual Life Insurance Company A (former structured annuity issuer)
Pacific Life and Annuity Company A-
New York Life Insurance Company A-
New York Life Insurance and Annuity Corporation A-
USAA Life Insurance Company A
In case you are not familiar with Weiss Ratings please note that "A+" is its highest rating
Also worth noting, there are no structured annuity issuers on the Weiss weakest insurer list.
Weiss Ratings is the only one of the major rating agencies that is not paid by the company it rates to give a rating. Some say this removes a conflict of interest.
Fitch Ratings announced today that it affirmed the ratings of New York Life Insurance Company at its highest rating of financial strength with a stable outlook. It has been a banner year for one of the nation's largest life insurance companies. IN march it was named the world's most admired life insurance company in an annual survey conducted for Fortune magazine.
Fortune's annual "World's Most Admired Companies" survey is
conducted by the Hay Group, a respected survey firm. Hay asks executives,
directors, and analysts to rate companies in their own industry on nine
criteria.
New York Life insurance Company is currently the only structured annuity company with an AAA rating.
If you need a quote for a New York Life Insurance Company structured annuity, or need a settlement planning consultation please contact John Darer at (203)325-8640
Weiss Group, LLC, announced May 6, 2010 that it has bought back the bank and insurance company ratings company which it had sold to TheStreet in 2006, restoring the business to its wholly owned subsidiary, Weiss Ratings.
Unlike A.M. Best, Moodys, S&P and Fitch, Weiss Ratings accepts no compensation of any kind from the companies it rates, deriving its revenues exclusively from the sale of ratings and data to consumers and others via public libraries and the Internet.
" Even today, it as if nothing happened between '07 and '09" Joey McBrennan of Taipan Publishing on May 7, 2010, “Too many people are relying on the rating agencies to
determine the quality of their municipal bond holdings. What you’ll find, for
those who don’t want to do the work, is that the rating agencies tend to
downgrade a bond AFTER most people making the effort already know the bond is in
trouble."
On May 5, 2010 Bill Gross of PIMCO aimed his turrets on the rating agencies over their failure to assess risk on sovereign debt on MSNBC.
Secure Structured Settlement Quote Form Click Here If You Are Currently a Party to a Personal Injury or Wrongful Death Law Suit or representing, or insuring one of the parties. This link is NOT intended for people who already have structured settlements.
About The Structured Settlement blog
STRUCTURED SETTLEMENTS 4REAL™ Blog IS A POPULAR SOURCE OF NEWS AND INFORMATION ABOUT STRUCTURED SETTLEMENTS, Settlement Planning, Deferred Income Planning Solutions and Litigation Recovery Management,
with a stable readership targeted to settlement professionals, financial professionals, lawyers, injured persons and their family members, guardians, survivors, judges, magistrates, special masters, mediators, administrators, trust companies, insurance companies, financial advisers, insurance regulators, government leaders, the media and other interested parties.
Established in 2005, currently ranked in the Avvo Top 30 (May 7, 2012) of legal subject matter blogs, with a Top 35 all time blawg ranking by Justia, this blog has been among the most prolific, providing fresh structured settlement, settlement planning and litigation recovery management content and commentary virtually every day! Structured Settlements 4Real™ is authored by an experienced structured settlement expert and Registered Settlement Planner, John Darer™, CLU ChFC CSSC RSP, President of Stamford, Connecticut based 4structures.com, LLC, (be aware that a lot of material found on the Internet purporting to be about structured settlements is written or "scraped" by those that aren't credentialed experts). WHAT YOU GET here is the straight stuff with a touch of irreverence and humor.
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Structured Settlements Guide
Structured Settlement Lock-Ins What Does a Structured Settlement Lock-In Mean? How do you benefit from a rate lock in? Where to be careful in using lock ins.
Structured Settlement Annuity Company Customer Service Phone Numbers HUGE time saver if you already have a structured settlement. Very useful list from 4structures.com, LLC, which includes both current AND former structured settlement annuity issuers. No need to be frustrated if you have simple bank or beneficiary changes
Structured Legal Fees for Tax Deferral A financial strategy that offers many benefits to lawyers and law firms. In 2011, there are now multiple product solutions. Plan NOW for year end 2012! Put structured attorney fee experts on your team.
Treasury Funded Structured Settlements A settlement option for the most conservative using the OTHER permissible qualified funding asset under IRC 130(d), United States Treasury Bonds in addition to, or instead of structured settlement annuities
Structured Settlement Annuity Companies List of Structured settlement annuity companies and financial ratings from AM Best, Moodys, Fitch, Standard & Poors and links
Rated Ages and Structured Settlements Impaired Risk Rated Ages for Structured Settlements and Annuities advantages all parties. Boost your structured settlement annuity benefit or your yield on lifetime payments.
How Do Structured Settlements Work? Structured Settlement Diagram The Structured Settlement Process explained in 3 bullet points. Includes a helpful structured settlement flow chart/diagram which shows how structured settlements fit in with other settlement planning solutions.
What is a Structured Settlement? A general explanation of structured settlements including the tax basis that give structured settlements their "juice".
Video Podcasts Featuring John Darer™ Click here to watch video from Legal Broadcast Network and Speaking of Settlements podcasts and other sources, featuring structured settlement expert John Darer™ .
New York Structured Settlements Over 50 pages of useful information and ideas about structured settlements, settlement planning and litigation recovery managements for New York residents, New York Lawyers and New York judges
New York General Obligations Law §5-1702 The New York Structured Settlement Protection Act imposes mandatory requirements on the defendant or the defendant's legal representative when a structured settlement is created (as part of the resolution of a case)
Structured Settlements v Structured Judgments Often confused by writers on the Internet, but there IS a difference between structured settlements and structured judgments under CPLR Articles 50A or 50B. Find out more...
"Amen - and continued thanks for your vigilance, John"- RL 8/18/2011
"Thanks for writing these great blogs on your site John! As an individual investor I have learned so much about the secondary market (for annuities, structured settlements, lottery payments, etc.) from your blogs and video series!!!" (6/5/2011)
I have found the intelligent and forthright information on your site a godsend. So much so I have tried in a small way to pass on my findings to others. Please keep up the good work and enhance your well deserved reputation as the authority on this subject- Mike 4/29/2011
John -
I can't thank you enough for bringing this to my attention. In my wildest dreams... PJ-May 12, 2011
John, I love reading your blog! Not only have I found very useful information there, but the comedy is much appreciated! Thanks for talking about "the big pink elephant in the living room" that everyone else ignores!
Thank you again for your help via phone and blog! I really needed to hear what you had to say today! BM 11/23/2010
John—this (video published 11/2010) is a well done piece. I like the way you always stick to the facts-AM
What a wonderful blog you have! I have completely enjoyed reading some of your posts (4/16/2010)
Thank you so very much for discussing my concerns about Symetra, my annuity company. I am amazed that PI attorneys as well as a settlement broker in San Diego, could not answer the simplest questions I had regarding the Safeco/Symetra issue. Your blog/web site is most interesting and informative, and I am grateful you have take on the "watchdog" role!
Thank you so much again (3/25/10)
"Awesome" 3/17/2010 Iowa reader
"Ever Feel Like You're Pissing Up A Rope?" 3/3/10
ThankYou for keeping integrity alive. CS 12/1/09
"Keep up the good work exposing abuses in our industry - our future depends on clients being properly advised."-CD
Just checked out your blog and loved it. Keep up the good and balanced work-DL
"...we have never met but I thoroughly enjoy your web site and blog - excellent material…-PB
"I enjoy your website and its content. Informative and well written"-JC
I heard a radio ad for the Peachtree Settlement Fund as I was driving into work this morning. (San Francisco Bay area.) I decided to check it out on the Internet and came upon your blog. Thank you very much. I do not have a “structured” settlement,
"All the others that I had emailed & have seen on the net were "cash now types" & have no concern of me & just are looking for my $$$. When I came across your site & blog I realized that u are an upstanding guy & are not like others. That's why I emailed"
This was Great. Right On Point-TS
"I love the chicken counter! So hilarious and makes a great point"-H
Always Thought Provoking John!-HS
"Other Than John Darer No One Seems To Be Doing Anything"-J
Thanks for your help and also for the good work you do on behalf of our industry-L
(Structured Settlement Transparency Initiative) A Worthy Fight! -BF
"Thanks for all that you do. This (Structured Settlement Transparency Initiative) is an extremely worthwhile project"-DS
"Thank you for being the inspiration that you are and for being a strong advocate for integrity in our business"-KL
"I Commend You On Your Effort To Make a Difference!" -R
"He is a fabulous writer who has a great passion for the structured settlement industry. I commend him on the passion he invokes when he writes on his blog listed above. That type of commitment and passion is hard to find and is rare in this world" -AC
"I love your weblog. Keep me on your e-mail list". JG
"Well done, John. That is an outstanding piece of work". (JL)
"Go get ‘em John! Good work". H
Structured Settlement Best Practices Corner
New York Insurance Advertising law requires the full name of the Insurer to be listed along with the city and state of the principal office. Stating that you represent these fine companies using Insurance company logos without the preceding information are also illegal
When it comes to settlement documents it is the ultimate responsibility of the lawyers or claims adjusters who receive input concerning the structured settlement aspects of the documents to actually read the entire document, exercise independent thought and advise their clients properly
Be aware that financial advisors use of testimonials is prohibited or restricted
Most states require that Testimonials represent the CURRENT opinion of the person who made the testimonial. Be prepared to back it up.
Number of States That Prohibit Payment of QSF expenses by licensed agents and brokers
Are Annuitants Getting Wasted on Cash Now "Financial Crack"? Is "cash now" the new crack? Sure seemed like it for a while with ubiquitous advertising that dangles "financial cat nip". Problem is they cannot DELIVER "cash now" for structured settlements arguably making it fraudulent advertising. Click here for a discussion and list of "cash now" pushers
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Comments and Trackback Policy
Structured Settlements 4Real filters comments and trackbacks to its posts BEFORE allowing them to be published
While spontaneous comments to this blog are welcome and add spice to the interactive nature of blogs, the unscrupulous practice by some to deliver comment spam, to connect all manner of unrelated products to structured settlements, is NOT tolerated by this author and thus necessitates this practice.
Jay J. Sangerman, PLLC A New York and Florida based AV rated estate planning law practice with an emphasis in Supplemental Needs Trusts, which assists attorneys in efficient case settlement though the use of Supplemental Needs Trusts and Special Needs Trusts; and Elder Law
Day Pitney LLP - People - Keith Bradoc Gallant Brad's practice includes traditional trust and estate planning and administration, special needs and disabilities planning, planning for same-sex couples and their families, planning for incapacity, and all types of probate litigation.
In or about February 29, 2012 a series of websites were registered anonymously off shore using the John Darer™ name for the purpose of defaming this blog's author John Darer™. The line between fair commentary and something that defies civility and dec
The Structured Settlement Transparency Initiative Responds to " Are There Any Questions I SHOULD be asking?". This information should be of interest to tort victims, plaintiff lawyers, judges who approve structured settlements
It Makes You Just Want To Hurl! If a person who calls himself a "settlement planner" is putting you into a structured settlement that you don't want or need while selling you on the ability to liquidate it through "cash now pushers" or "financial crack dealers", read this!
Halland Sickels Frei Mims Hall and Sickels is a full service personal injury attorneys and largest plaintiff's personal injury firms in Northern Virginia
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Why Take a Structured Settlement?
A structured settlement offers guaranteed financial security to accident victims and their families. A structured settlement involves a customized stream of payments, a structured settlement provides long-term stable tax-free income, for a period of years or a lifetime. Unlike other income annuities. a structured annuity can have multiple payment streams to address multiple needs in a single contract.