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
John Darer's blog ranked with the highest web traffic in Jacksonville Florida according to Alexa.com May 14, 2012. Darer's blog nosed out the website of Delta Settlements which is based in Jacksonville (see below).
"Jacksonville FL traffic rank (lower means more popular in terms of web traffic)
# 928 Structured Settlements4Real.com/ JohnDarerBlog.com (new ways to access John Darer™ structured settlement blog)
#1,040 Delta Settlements
#2,195 S2KM Blog
Thank you Jacksonville! It's nice to have so many fans in Duval County who are interested in reading our brand of structured settlement news and commentary.
According to one of our sources, a structured settlement broker was brought into a Florida mediation by a Florida plaintiff attorney before John J. Upchurch. As the parties were gathering prior to the start of mediation, the mediator purportedly asked the plaintff attorney out in the hallway and worked him over about why the plaintiff attorney wasn't using his son. While the mediator did not prevail in this instance, one has to ask how often does this happen?
Florida mediator John J. Upchurch's son is Michael A. Upchurch, CEO of Delta Company of Insurance Services, Inc. (a/k/a Delta Settlements), a company of which the Florida mediator holds the office of Treasurer according to several years' worth of statutory filings with the State of Florida. As previously reported, Upchurch's son also has an interest in a stuctured settlement factoring company Rescue Capital.
The issue is not one of steering business to the mediator's son, it's also an issue of steering business to a company of which the mediator, who is duty bound to be impartial, is an officer. Does it put the impartiality of the mediator into question when the son is involved, if the defense side of the mediation is not made aware, prior to the start of mediation, of the mediator's role as an officer of the plaintiff's expert?
According to the Model Standards of Conduct For Mediators, the concept of mediator impartiality is central to the mediation process. A mediator shall mediate only those matters in which she or he can remain impartial and evenhanded. If at any time the mediator is unable to conduct the process in an impartial manner, the mediator is obligated to withdraw.
A mediator shall avoid conduct that gives the appearance of partiality toward one of the parties. The quality of the mediation process is enhanced when the parties have confidence in the impartiality of the mediator.
Florida mediator John J. Upchurch has been the Treasurer of Delta Company of Insurance Services, Inc., a structured settlement brokerage based in Jacksonville Florida, apparently since it was acquired from David Snyder and Dorothy Snyder of San Juan Capistrano, California Source: www.sunbiz.org 2009-2012 Florida annual corporate filings (also see http://visulate.com/rental/visulate_search.php?CORP_ID=F95000001073)
Typically the role of Treasurer involves the following:
Mediators often introduce structured settlements to plaintiffs at mediations.
Delta Company of Insurance Services, Inc., whose CEO is John J. Upchurch's son Michael A. Upchurch, is appointed with most structured annuity issuers, contracts with a number of insurance agents who place structured annuity business by way of such appointments and whose son personally places injury victims into structured settlement annuities. The firm is noted on the donor records of the Florida Association for Justice.
At the time of posting, there is nothing on the website of Upchurch Watson White & Max mediation firm in the bio of John J. Upchurch, that discloses his role as an officer of Delta Company of Insurance Services,Inc.
At the time of posting there is nothing in the leadership or team section of the Delta Settlements website, nor on the LinkedIn profile for John J. Upchurch, that discloses John J. Upchurch's role as an officer of Delta Company of Insurance Services Inc.
At the time of posting there is nothing in the LinkedIn profile for John J. Upchurch, that discloses John J. Upchurch's role as an officer of Delta Company of Insurance Services Inc.
As we've covered in previous blog posts:
John J. Upchurch's son Michael has ties to Rescue Capital, a factoring company whose home page advertising features the common sleazy advertising pitch associated with several factoring companies "Why Wait...?"
Michael A.Upchurch has an interest in the factoring company, Rescue Capital, a company that actively solicits structured settlement annuitants via the web to sell their payments. (2) has approached others in the structured settlement industry to invest in Rescue Capital (3) pioneered the use of, or has sold, structured settlement payments rights to new tort victims that have been acquired in the secondary market.
There is nothing illegal about factoring and there is no questioning of John J. Upchurch's storied history as a judge in Florida, as a super lawyer or as a mediation/ADR pioneer. A father-son business relationship is not unusual.
But as a friend might say, "the optics" on this are cloudy. Several obvious questions arise:
How often on a case where John J. Upchurch or his firm, Upchurch Watson & White., has been a mediator, have structured settlements been used in the resolution of the case?
Of those cases, on what percentage was mediator John J. Upchurch's son Michael A. Upchurch personally, and/or Delta Settlements involved to place a structured settlement annuity or annuities?
How many of the annuitants from those structured settlements, subsequently received solicitation(s) from Rescue Capital to sell their structured settlement payments? In what time frame?
How many of those annuitants were pitched remarketed structured settlement payment rights by John J. Upchurch's son, which were first acquired by Rescue Capital? How many were acquired by Rescue Capital from Delta's book of business?
Is there a conflict of interest? If so. was it addressed with settling parties at or before any mediation before structured settlements were discussed? At the time of the annuity placement? If so, how?
As Treasurer of Delta Company of Insurance Services Inc. how much does John J. Upchurch know about the sources and uses of funds?
Did the subject of Rescue Capital and/or remarketed structured settlement payments ever come up at the family dinner table or in a father-son chat?
Is John J. Upchurch compensated in any way arising out of his being the Treasurer of Delta Company of Insurance Services, Inc.
And They Each Ordered a Beer. The question is how many beers does the bartender pour?
The solution to this vexing problem is no different than that for someone seeking a solution to incontinence.Depends
What is an Annuitant?
The individual named under an annuity contact who will serve as the measuring life for the purposes of determining the benefits to be paid under a structured settlement annuity contract
What is a Measuring Life?
The human being or natural person whose life expectancy is the basis for the cost of a structured settlement annuity that is payable for life.
What is a Payee?
The individual or entity to which payments are due to be made under the structured settlement annuity contract
What is a Beneficiary
The individual(s) or entity that is (are) due to receive a death benefit when the Measuring Life for a structured settlement annuity dies.
It's critical to note that in differing circumstances two or more of these could be the same individual or entity.
Structured settlement brokers, settlement planners and their staffs, post-sale handlers at life insurers and lawyers, have a responsibility to see that these are reflected accurately in structured settlement documents such as the Settlement Agreement and Release, Qualified Assignment, Annuity Contract, Pledge Agreement) if Applicable and Guarantee.
For more structured settlement keywords, terms and definitions please see the structured settlement glossary at 4structures.com
This summer's merger of JG Wentworth and Peachtree Settlement Funding continues to hold fascination for Orlando Personal injury attorney and Vantage Capital factoring company partner, Hank Didier, Jr., who supports our message that "sellers get second (and third and fourth) bids to ensure deals are market driven and reasonable as envisioned in the spirit the state protection acts" in a posting on Injury Board.
According to an August 24, 2011 article in the South Florida Sun-Sentinel, "Peachtree Financial's Settlement Funding, a life insurance settlement company that recently merged with J.G. Wentworth, has laid off 155 workers at Peachtree's Boynton Beach (home ) offices.
While 90 percent of the Boynton Beach staff is being laid off, 10 percent have been offered jobs and relocation to J.G. Wentworth's headquarters in Radnor, Pa.
J.G. Wentworth and Peachtree Financial Solutions joined assets in July and are now owned by a privately held holding company, JGWPT. The layoffs are the result of anticipated cost savings of merging the two similar companies".
While Hank Didier, Jr, chooses to place his emphasis on the fact that J.G. Wentworth had previously filed for bankruptcy protection in 2009 before merging with Peachtree earlier this year, isn't the real story (for the history books) that Peachtree needed JG Wentworth after losing a credit line from a major European bank on its life settlement business? While JG Wentworth came out of its pre-packaged bankruptcy 6 months after filing Peach Holdings, the parent company of Peachtree Settlement Funding, had its credit rating downgraded by Standard & Poor’s as “CCC.” According to the S&P rating system, this means that Peachtree had “extremely vulnerable financial security” and had a “questionable ability to meet obligations unless favorable conditions prevail.”
With all due apologies to those at Peachtree who lost their jobs in a down economy, in my opinion the merger of JG Wentworth and Peachtree is a good thing.
Gets what is in my personal opinion, an intransigent "price gouger" off the streets. Peachtree attempted to jake a Florida structured settlement annuitant for over 41% in 2007 and routinely charged selling annuitants in the high teens discount rates thanks to consumer ignorance (and purportedly in some cases a figurative "rubber stamp").
The "low hanging fruit" can sleep a little easier
The question from a political standpoint is how the JG Wemtworth-Peachtree merger affects the National Association of Settlement Purchasers (NASP), which loses a major contributor as the result of the merger?
A Florida appellate court has reversed a decision by Circuit Court of Volusia County where the trial judge did not approve a structured settlement "annuity for the benefit of a minor child" to be paid over 27 years. The circuit court decision was among the decisions that inspired this May 2011 post and video.
The circuit court rejected the structured settlement annuity portion of the proposed settlement agreement, concluding that the court lacked the legal authority to approve said agreement because the terms of the agreement would remain in effect even after the date Marisa Hancock turned eighteen years old. The trial court cited Florida Statute 744.441(19)[1]; Guardianship of Bernstein v. Miller, 777 So. 2d 1125 (Fla. 4th DCA 2001). However the Bernstein case involved trusts instead of a structured annuity.
Attorneys practicing in New York state may be familiar with a similarly stifling case, Matter of Mede, 177 Misc.2d 974 (Kings Co. Surrogate’s Ct., 1998) { also In Matter of Mede, N.Y.L.J., July 24, 1998, at 25 col. 3 (Kings)], where an infant’s father disclosed to the court that the defendant was paying the damages outright and proposed that those proceeds be placed in a “plaintiff-controlled structured settlement trust,” a vehicle with relaxed standards for the fiduciary vis-a-vis investments, standard of care and accountability, to be eventually paid to the infant when he reached the age of thirty-five. The court correctly refused his request.
"When a guardian holds property for an infant, he must pay that money or deliver that property to the infant when he reaches the age of majority, which is eighteen. When a child receives money in settlement of a tort action, the court can approve a structured settlement under which he will receive periodic payments that go beyond his eighteenth birthday. A structured settlement is ordinarily part of the negotiations, and the defendant typically finances these payments by buying an annuity from an insurance company, whose soundness and rating the court evaluates in determining whether to approve the settlement".
-From Supplementary Practice Commentaries of Margaret Valentine Turano p. 7, 2004 Cumulative Pocket Part to 58A McKinney’s Cons. L. of N.Y.
In the above Florida decision styled Traci Hancock, As Mother and Natural, Etc. Appellant v Fred B. Share. Guardian Ad Litem, et al. Appellee Case No. 5D10-2069, the 5th District Appellate Court recognized that "there were no trust documents at issue and, thus, the limitation set forth in section Florida Statute 744.441(19) was not at issue. Instead, the parties in this case submitted a proposed annuity contract which, pursuant to section 744.441(21) of the Florida Statutes, a trial court is authorized to approve, provided that the contract is "appropriate for, and in the best interest of, the ward."
A plaintiff cannot compel a Defendant or its Insurer to pay settlement proceeds into a Qualified Settlement Fund involving a single plaintiff says a Florida Court Order dated June 2, 2011.
In the matter of Martinez v. Tampa Bay Academy, et al., Case No. 06-CA-007546 (Hillsborough Cir. Ct.), the Court agreed with Tampa Bay Academy and found that the parties entered into an enforceable settlement … in cash from Tampa Bay Academy, in exchange for a full written release from Plaintiff as to all claims. The Court ruled that the settlement amount "shall be paid to Plaintiff, or the trust account of Plaintiff’s counsel, in exchange for a full written release from Plaintiff as to all claims.”
Despite the fact that the establishment of a qualified settlement funding had already been approved by the court in a settlement with a co-Defendant, the Court here stated
“... there was no agreement between Plaintiff and Tampa Bay Academy to pay the settlement amount into any [QSF], and that neither Tampa Bay Academy nor its insurer is obligated to consent to pay the settlement amount into any QSF. Therefore, the Court will not order Tampa Bay Academy or its insurer to pay the settlement into any QSF.”
An interesting aspect of this case is that Plaintiff settled with one of the co-Defendants and that co- Defendant agreed to pay those settlement proceeds into the QSF. On the other hand the Insurer for Tampa Bay Academy thought otherwise and hired the Philadelphia law firm of Drinker Biddle & Reath, LLP to argue its case.
Plaintiff argued that Tampa Bay Academy and its insurer should be required to pay the settlement proceeds into the QSF in order to satisfy Martinez’s alleged need for a “safe harbor” for settlement proceeds while Martinez and other interested parties negotiated the allocation of settlement proceeds, and while a special needs trust was established for the benefit of Martinez.
payment into the QSF was not a term of the settlement agreed upon by Martinez and Tampa Bay Academy
Tampa Bay Academy and its insurer could not be forced to pay into the particular QSF identified by Martinez because Tampa Bay Academy was given neither notice of the establishment of that QSF nor an opportunity to object to same
payment into a QSF in the context of a single plaintiff case could result in adverse tax consequences to Martinez, Tampa Bay Academy, and its insurer; and Martinez’s purported reasons for wanting a QSF were unpersuasive.
Single claimant qualified settlement funds continue to be controversial among structured settlement stakeholders in recent years.
Despite the fact that the 468B statutory requirement is for "one or more claims" some have argued that that's not what Congress intended, or that there are issues related to structuring benefits out of single claimant QSF due to the economic benefit rule. Clarification was sought from the United States Treasury Department in 2003 and was on the Priority Guidance plan for 6 years before being left off the 2009-2010 Guidance Plan. Nationally recognized tax expert Robert Wood has suggested avoiding single claimant QSFs until there is guidance.
A decade ago most of the qualified assignment companies for the life insurance companies issuing structured settlement annuities, freely took assignments from qualified settlement funds. Many settlement consultants advising plaintiffs would pitch the single claimant QSF route to get around a restrictive selection of annuity markets by a casualty insurer. Yet what was once a strong argument no longer is, as few companies will permit a qualified assignment out of a single claimant QSF.
An article titled "Abuses by Aggressive Factoring Companies**", attributed to Hank Didier, Jr., an actively practicing plaintiff's trial lawyer from Orlando Florida, with an interest in factoring company Vantage Capital Consultants, has been posted on Injuryboard.com June 24, 2011. Vantage Capital Consultants is described as a buyer of structured settlements and annuities, founded to provide sellers with a consultative, fair, and transparent approach in an otherwise predatory marketplace that lacks adequate protections.
The structured settlement watchdog dispenses a "yellow card" to Mr. Didier for promoting his services by taking advantage of inaccuracies of others (that detracts from an otherwise well written article). Didier uses two invalid examples for predatory factoring discount rates at the expense of his competitors, Imperial Holdings and Peachtree. While i have been highly critical of discount rates employed by these two companies, I am interested in credible information. One would assume that as a trial lawyer representing injured parties, Mr. Didier should too.
First, Didier states "in one reported case of such abuse, it was observed that "in what appears to be a record high discount rate charged for structured settlement transactions, Imperial Structured Settlements, LLC tried to charge its customer an interest rate of 82%". Yet a June 25, 2011 Google search for "Imperial Structured Settlements 82% rate" comes up with press releases of RSL Funding, a competitor of Imperial and Didier. Download Imperial structured settlements 82% rate - Google Search
When I placed a call to Didier's office yesterday the individual I spoke to suggested the cite was really a cite of a cite (apparently a "cite of a press release by RSL Funding, a competitor of Imperial and Vantage) but not a "reported case in the "legal court proceeding" sense of the word. The RSL press release provides not a shred of evidence to support its statement about the purported "82% rate". The case linked to its press release has a 16.56% annual discount rate! In Imperial Holding's S-1 filing with the Securities Exchange Commission prior to its Initial Public Offering, it was represented that the range of discount rates were in the high teens. Indeed on October 2, 2010 RSL Funding issued a press release in which it wrote that Deborah Benaim, then an executive of Imperial, testified that discount rates were "averaging 18-20%". (See : Imperial Factoring Exec Testified Discount Rates "Averaging 18-20%", Report, October 3, 2010). I also contacted a senior Imperial Holdings executive after reading Didier's post and he had no knowledge of an 82% discount rate, citing to the S-1 disclosure.
Last Fall RSL Funding engaged in what we referred to as a "bitch slap" campaign against Imperial Structured Settlements using "do it yourself press releases". Thus the 82% allegation needs to be put into context.
Unless Didier and RSL can produce a recent case that shows that the "effective annual discount rate" was indeed 82% then one can only assume that it is simply a misinterpretation of what a discount rate is. Both should refrain from using the misinterpretations .
Moving on to the Didier cite of the "71.4% discount rate referred to by Bronx, New York Supreme Court Judge Norma Ruiz. Had the full text of the Feliciano decision (Ruiz's case) been read, I doubt Didier would have posted what he did, because it makes him look less credible. Anyone with a basic knowledge of present value should know that Ruiz 71.4% number was bogus due the misinterpretation reflected in the decision that conflicted with what she said earlier in the decision. He certainly would not want to rest his closing argument on that one.
This may be helpful
New York General Obligations Law Section 5-1703 (e) through (g) Required Disclosures to Payee
(e) the gross advance amount and the annual discount rate, compounded monthly, used to determine such figure;
(f) an itemized listing of commissions, fees, costs, expenses and charges payable by the payee or deducted from the gross amount otherwise payable to teh payee and the total amount of such fees;
(g) the net advance amount including the statement: "The net cash payment you receive in this transaction from the buyer was determined by applying the specified discount rate to the amount of future payments received by the buyer, less the total amount of commissions, fees , costs, expenses and cahrges payable by you"
All the numbers corresponding to these statutory requirements were set out very clearly in the Feliciano decision, before the Judge's misinterpretation.
In my November 6, 2010 criticism of the bogus use of the bogus "71.4%" by the NSSTA (see below for the full post) I wrote, citing the Feliciano decision and including a copy of the Feliciano decision:
"If the Judge admits that the discount rate of 14.99% equals (the gross advance)
of $19,540 and $17,340 (the net advance amount after expenses) is 88.74% of the
present value with a 14.99% discount rate then logically, the (effective annual discount)
rate CANNOT be 71.4%!"
Following are links to my reporting of the Feliciano decision and the rampant abuse of "judicial misinterpretation" by some, to meet the end of marketing against a competitor and public relations.
I know a big fat misinterpreted discount rate LOOKS juicy, but it's no more real than one of those fake soup bones that "the dog" gets tossed every now and again that do nothing but squeak),
So let's educate the public with reality. OK?
Post Script: Received a call at 11:12 Sunday morning from a phone with "Henry Didier" in the Caller ID. No message was left, just static. I called back the number and the same static. Hank, I'm always happy to chat about anything that keeps structured settlement stakeholders informed and helps curb abusive business practices in either the primary or secondary structured settlement market.
** subsequent to the posting of this blog, the 82% and 71.4% references were removed from Didier's post to Injuryboard.com June 27, 2011 1:50pm
One of my industry colleagues has chosen to play the gender card by emphasizing that it is a "female-owned plaintiff-only structured settlement company" in an industry where there is no glass ceiling. As a "do right man" I choose not to play the gender card, race card, persuasion card or any other card except perhaps the "structured settlement expert" card, or settlement planning expert card.
When it comes to structured settlements and settlement planning we listen, we help educate people, we help people determine their goals, develop a plan of action and help them implement a plan to meet their financial goals.
Note: The gender card is not without precedent in structured settlements. From the Structured Settlements 4Real archive dated June 7, 2007, to wit... Download Elizabeth Pressman email solicitation to females 6-7-2007. The sender of that solicitation was flouting insurance regulations at the time. She was later fined by Florida and New York insurance regulators for failing to comply with their regulations. There is absolutely no connection between Pressman and the other firm (other than being female-owned, but that would be playing the gender card and I don't want to do that...)
In closing, as the story goes, God used a part of a man to create woman, so I'm sure they don't mind a good "ribbing"
In some circumstances the use of In Force Structured Settlements and Enhanced Structured Income through a Structured Asset Management Trust, may offer plaintiffs and plaintiff lawyers a superior settlement planning solution when combined with a traditional structured settlement. In a continuation of this podcast series started in 2009, New York/ Connecticut area Registered Settlement Planner and structured settlement expert John Darer explains. Learn how this structured settlement planning innovation enables plaintiffs to benefit instead of the "fat cats" and to offset "low interest rate drag" on short duration structured settlements.
4/13/2011
For more details concerning Structured Asset Management Trust, Enhanced Structured Income-ESI ™, or to see some practical examples on one of your cases please contact John Darer at 888-325-8640.
Note: ESI is a trademark of Structured Asset Management, with whom 4structures.com, LLC has a strategic alliance.
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.
