« Kenmare Assignment Company Ltd Non Qualified Assignment Company, New Irish Alternative | Main | Imperial Holdings IPO: Associated Press and Florida Media Fluff Their Structured Settlement Lines »

February 10, 2011

Structured Settlement Receivables Misrepresented and Fraudulently Positioned As Annuity "Policies"

by Structured Settlement Watchdog®

Apparently some financial advisers and factors will say anything and do anything to capitalize on the structured settlement secondary market. Brown_bear_unicycle_md_clr It is time for some government entity to step in and set some rules.

Brown_bear_unicycle_md_clrHere are some recent examples of blatant misrepresentation on the subject

The secondary market for In Force Annuity and In Force Structured Settlement Policies. Policies refers to the buying and selling of existing or 'in-force' policies"  -lawyer William Skyrm CBC Settlement Funding Blog Conshohocken, PA   November 2, 2010 and still posted February 10, 2011 at 1230pm EST.

"Simply put they are reassigned guaranteed cash flow annuity policies. They are paid by MetLife, Prudential, NY Life, Hartford and all other major insurance carriers"  -written communication from a New Jersey company in February 2011 that was supplied to the structured settlement watchdog.

"The high yields are created by buying the original policies at a discount from the policyholder that seeks cash now"  -written communication from a New Jersey company February 2011 supplied to the structured settlement watchdog.

"For example we recently placed an offering from Prudential Insurance Company paying 7%...and an offering from Allstate Life Insurance Company paying 7.25%..."  -written communication from the same New Jersey  company  February 2011 supplied to the structured settlement watchdog. Not one of these so-called

(emphasis ours on what we believe to be a blatant misrepresentation)

Incoming Technical Comments

  • In my opinion, with his having served as former Associate General Counsel of J.G. Wentworth for 8 years and former resource board members of the National Association of Women Judges, William J. Skyrm should know full well that what he wrote on the blog was incorrect.

  • A structured settlement transfer DOES NOT involve the buying and selling or transfer of ANY structured settlement annuity policies

  • Structured settlement receivables ARE NOT an annuity policy. You are NOT buying or selling an annuity policy if you buy or sell an interest in structure settlement payment rights.
  • A structured settlement annuitant DOES NOT OWN the structured settlement annuity policy and therefore the statement that "the high yields are created by buying the original policies from the policyholders that seeks cash now" is false.
  • Inasmuch as I have a relationship with both Prudential  and Allstate,  neither of these companies "make offerings" of the manner suggested by the New Jersey company. Considering that the website of it suggests that it is appointed with one of these companies (Prudential), is the claiming that Pru is "offering" 7% in this manner a sensible course of action?

Further comments

  • The structured settlement watchdog has demonstrated how excessive fees eat into the amount that the desperate seller of structured settlements receives.
  • So here's what the written communication from the New Jersey company dated in February 2011 states "The commissions range from 3.5% to 14% of the purchase price and currently no insurance license is required to sell these products".
  • So not only do we appear to have an entity pushing products to consumers and other advisors through communications that demonstrate (1) a fundamental lack of knowledge of a structured settlement factoring transaction (2) a possible misrepresentation of the truth for suggesting that the named insurers and others are making "offerings" of these "products" that NJ company has mislabeled annuity policies (3) it may be paying or charging over the top commissions.
  • If these were true annuity policies the policy forms and commission schedules would have to be filed with each state insurance department.
  • Read my February 5, 2011 post "Protection From Creditors: Structured Annuities v Structured Settlement Receivables"

Course of Action

  • While the secondary market for structured Watchdog Attitude settlement payment rights represents a valid financial planning option as an asset class for those investors who truly understand it and its transactional risks, both the primary and secondary structured settlement markets should have zero tolerance for those, whether through ignorance or intent, who misrepresent the transaction.
  • While there is indeed no insurance license required at present, at least one agency at the time of publishing has elevated standards and will only permit licensed insurance agents to access its facilities and provides Errors and Omissions Coverage. Others only sell to accredited investors.
  • It is critical that names be exposed so that peer pressure ensues to continue to elevate the industry. Bring on the heat!
  • Furthermore, life insurance companies can do their bit by coming down hard on those company appointees whose "extra-curricular activities" present the companies as doing something that they may not be doing in the structured settlement secondary market.

 

 

 

 

 

 

 

"

 

 

 

 

Posted at 02:33 PM in Allstate Structured Settlements and Structured Payment Solutions, Altium Group, LLC, Buffalo Structured Settlement Cash Now, Buffalo Structured Settlement Investments, CBC Settlement Funding, False Advertising Re Creating, Buying or Selling Structured Settlements, In Force Structured Settlement Market Commentary and Discussion, Prudential Insurance Company of America, Prudential Structured Settlements, Secondary Market Annuities | Not Annuities | Don't Be Fooled, Structured Settlement Investments, Structured Settlement Payment Rights, Structured Settlement Transfers, Structured Settlement Watchdog® |

Twitter | Pinterest | Facebook

Comments

The comments to this entry are closed.

My Photo

Guide to Structured Settlements 2025

  • What is a Structured Settlement? What You Need to Know
    Structured settlements and what you need to know about them including a helpful introductory video featuring A.M. Best Client Recommended Structured Settlement Expert and Registered Settlement Planner John Darer of 4structures.com LLC
  • How Do Structured Settlements Work? How Structured Settlements Work
    How structured settlements work, including 4structures.com LLC's super helpful structured settlement flow chart/diagram showing how structured settlements fit in on the spectrum of settlement planning solutions.
  • Rated Ages and Structured Settlement Cost
    Rated Ages for Structured Settlement Annuities present advantages to all parties. Shift the mortality risk to a life insurance company which specializes in assessing mortality risk to price its life insurance and annuity products. Rated ages boost your structured settlement annuity benefit per premium dollar, or your yield on lifetime payments. Rated ages help to reduce the cost of funding a Medicare Set Aside arrangement where a Structured MSA, is being used [WCMSA, LMSA or NFMSA].
  • Top Structured Settlement Annuity Companies 2025
    Which life insurance companies issue structured settlement annuities in 2025? A list of current structured annuity issuers, the location of their home offices and their financial ratings from A.M. Best, Moodys, Fitch, Standard & Poors and/or other Tier1 NAIC ratings, with links to their websites and other useful information. Last updated November 3, 2024
  • Treasury Funded Structured Settlements
    Treasury Funded Structured Settlements are 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. Treasury Funded Structured Settlements can also be used to fund installment sales, also known as structured sales and other non qualified structured settlements.
  • Compare Structured Settlement IRR to Other Settlement Alternatives
    Use the Taxable Equivalent Yield chart to help compare the Internal Rate of Return (IRR) of a structured settlement to other alternative or complementary investments. Need help with the chart? Call 4structures.com® LLC at 888-325-8640
  • Structured Settlement Payments | Types of Structured Settlements 2025
    In 2025, you can structure your settlement payments in various ways. A structured settlement allows for multiple payment types within one agreement. You can tailor and merge different structured settlement payments to suit your individual needs, either alone or alongside other financial instruments. If desired, diversify your structured settlement by utilizing multiple annuity issuers, treasury-funded structured settlements, index-linked structured settlement payments, and market-based structured options.
  • Structured Attorney Fees for Tax Deferral for Attorney Contingency Fees
    Structured attorney fees offer a financial strategy that provides a unique method for deferring taxes for attorneys and their firms. Attorneys can structure or defer their legal fees independently of whether the plaintiff structures their settlement. There are various ways to structure attorney fees, including capped or uncapped index-linked structured settlement annuities with payments adjusted according to the S&P 500 or another index's positive changes. Trial lawyers might also opt for a special deferred payment/compensation arrangement if they seek market-based returns without a cap. As the year-end approaches, consider adding structured attorney fee specialist John Darer® to your settlement planning team for 2025.
  • Structured Settlement Annuity Company Customer Service Phone Numbers
    Receiving structured settlement payments from your own structured settlement or inherited structured settlement? You'll like this huge time saver. Click the title for a link to a comprehensive list of customer service telephone numbers that includes both current AND former structured settlement annuity issuers and reinsurers. If you have simple bank or beneficiary changes, or if the insurance company that issued the structured annuity has merged, sold or spun off its block of structured annuity business (e.g. Aviva, Allstate, Transamerica, AEGON, GE Capital, Liberty, CNA, Confederation Life), oran annuity issuer has changed its name and you're trying to track them down. Here you go! The list is regularly updated. Last updated December 9, 2024.
  • Structured Settlement Quote Lock-Ins | What You Need To Know
    What does a Structured Settlement Lock-In Mean? How do plaintiffs, defendants and insurers benefit from a structured settlement quote lock in when finalizing a settlement? How does the defendant/insurer/court benefit from using a structured settlement lock-in? Where to be careful when using structured settlement lock ins.
  • What Are Structured Settlement Annuities?
    Structured settlement annuities are annuities that can provide one or more customized annuity payment streams in a single contract. Read about structured settlement annuities here.
  • History of Structured Settlements
    Tracing the roots of structured settlements history from 1918, when Congress exempted damages for personal injury or sickness from income tax, to the establishment of structured settlements as a core personal injury settlement planning tool to the present day.
  • What Are Market Based Structured Settlements?
    Market based structured settlements are an alternative or supplementary structured settlement solution for the plaintiff, attorney or law firm that: 1. Can afford to take some market risk 2. Have discretionary settlement dollars. Claimants and attorneys alike may find that market-based structured settlements provide the opportunity to receive tax-free income, or tax-deferred income, while enjoying growth potential.
  • iStructure |Uncapped Fixed Index Structured Settlement Annuity
    iStructure is an innovative game changing fixed index structured settlement annuity for plaintiffs or attorneys. with an intermediate to long term horizon
  • Structured Settlements and Longevity Risk| What Are the Odds?
    Do your financial resources give you enough road, or will the road run out before you do? A structured settlement annuity helps mitigate the risk of outliving your savings, no matter how long you live. A structured settlement can include one or more customized payment streams and types.
  • Intellectual Property Structured Settlements
    While intellectual property wasn’t a common focus for structured settlements, the growth of IP litigation led to some firms, including 4structures.com, LLC, adapting structured settlements in this context. The 2017 Tax Cuts and Jobs Act shifted some Intellectual Property assets (e,g, patents) from capital gains treatment to ordinary income treatment, while increasing tax rates on lump-sum sales from 20% to 37%, increasing the appeal of structured settlement options for tax planning. Click through for more details!

Qualified Settlement Funds

  • What is a Qualified Settlement Fund?
    Qualified Settlement Funds | What You Need to Know
  • Firmwide Qualified Settlement Funds Debunked
    Firmwide qualified settlement funds have been heavily promoted to trial lawyers, but have been debunked in a detailed analysis in a July 2022 legal opinion a tax partner at the law firm of Faegre Drinker Biddle & Reath, LLP. Trial lawyers and firms who have established Firmwide QSFs or coinsidering establishing a Firmwide QSF should read the analysis as part of their evaluation.

Contact Structured Settlement Expert John Darer®

About The Structured Settlement Blog

  • Subscribe to John Darer's Blog | Here's How!
    Simply Click the Subscribe Button at the top left of the page above the blog title which will take you to the blog subscribe page or follow this link https://feeds.feedblitz.com/structuredsettlements
  • STRUCTURED SETTLEMENTS 4REAL® Blog Is a Popular Source of Structured Settlement News, Information and Commentary, John Darer Reviews, Settlement Planning News and Financial Solutions for over 19 years,
    with a stable readership that seeks credible structured settlement information, John Darer Reviews, commentary and/or opinion about topical issues related to settlement planning, targeted to lawyers, injured persons and their family members, guardians, survivors, judges, magistrates, special masters, mediators, administrators, trust companies, insurance company executives and adjusters, financial advisers, settlement professionals, financial professionals, insurance regulators, government leaders, federal and state law enforcement, buyers and sellers of structured settlement payment rights, the news media and other interested parties. 4structures.com LLC established this structured settlement blog in 2005. John Darer ®, CLU ChFC MSSC CeFT® RSP CLTC, President of 4structures.com, located in Stamford, CT 06902. John Darer is an experienced New York City area structured settlement expert, structured settlement broker, Certified Financial Transitionist, and Registered Settlement Planner. He holds insurance licenses in 45 states, has 41 years financial services experience and 31 years in the structured settlements and settlement planning space. In his capacity as a investigative journalist and commentator, and professionally, John Darer passionately believes that shining the light on a business practice is both healthy and newsworthy. It is in the best interest of injury victims, their families and their legal advisers, that the settlement planning discussion involve those that are properly trained in the topic, properly informed on the topic and, with respect to structured settlements, properly licensed and/or appointed. It has significant instructional and deterrent value to other practitioners and firms as well as those who may be caught in the cross hairs. WHAT YOU GET here is the straight stuff with a touch of irreverence and humor. We hope you enjoy and find the content to be helpful. Subscribe to the structured settlement blog feed, or a specific category feed through your blog reader, or through the Subscribe button at the top left of this page. Followers of JDDarer™ on Twitter may also receive select content. If you would like to speak with John he can be reached at (888)325-8640 Thank you for reading! Last updated February 18, 2025

New York City Structured Settlements

Connecticut Structured Settlements

  • Connecticut Structured Settlement and Settlement Planning Experts 2025
    4structures.com LLC is based in Stamford CT and Connectict works with clients all over CT, Greenwich, Stamford, Darien, New Canaan, New Haven, Hartford, West Hartford, West Haven, Torrington, Danbury, Weston, Wilton, Windsor Locks, , Norwalk, Middletown, New London, Ridgefield, Westport, Oxford, Stratford, Old Greenwich, Stafford, Storrs, Groton, Harwinton, Milford, West Haven, Glenville, Long Ridge, Stonington, East Hartford, Guilford, Litchfield County, Fairfield County, New Haven County, Waterbury, Shelton
  • Help With Structured Settlements
    Help with all aspects of structured settlements
  • Rep. Joe Courtney D-CT - "Structured Settlements & Holly's Story-Video
    Connecticut Rep. and former Plaintiff lawyer Joe Courtney discusses structured settlements and favorable experiences using them with his former clients in this May 2009 video.

Structured Settlements 4Real Reader Comments

  • "I'm with ***** Settlement Funding and appreciate your TRUTHFUL information"
    Structured Settlement Factoring Company representative on LinkedIn, January 26, 2024
  • "You have a wonderful blog"
    Partner in Philadelphia law firm August 30, 2020
  • "Impressive Blog" -Counsel to Am Law 200 ranked International Law Firm July 22, 2020
  • "Thank you so much for giving us your time and leading us in the right path , Thank you, you are a God send , God bless you in all your works" -K April 11, 2017
  • "Once again, I can't tell you how appreciative I am for your help. In today's day and age, it is rare that you actually find people who are willing to go the extra mile..." -TC May 5, 2015
  • "I wanted to send you this email to say Happy New Year to you and your family. May God continue to bless you. I am grateful that I had the opportunity to meet you on the phone. I truly thank you for introducing me and my son, (redacted) to (lawyer). It is people like you that God put in the path of my son situation. Thanks a million times! {original on file] 1-2-2015
  • "John Darer has been nothing but honest,helpful,informative with options, & his "time" was NEVER an issue!"-Andrew S 8/18/2012
  • " I wish there were more like you" JG 9-15-2014
  • In my opinion, John Darer is an excellent consumer advocate in the insurance industry. When I had no one else to turn to after running up against the stone walls of these giant insurance company, John Darer used hours of his own time to investigate my situation. Not only is this an invaluable service to me the consumer but it is also of great value to the insurance industry by providing them consumer feed-back. This allows the insurance companies to correct their faults and move toward greater transparency which improves the overall public image of the insurance industry as a whole" JW 9/4/2014
  • John, Keep fighting the fight. -NASP member 12-4-2013
  • John...Thank you for your professional advice-Brandon 11-13-2013
  • "...Thanks to Mr. Darer's blog and personal pointers I was able to obtain a fair price for the sale of client structured settlement. Therefore, if one has no choice, but to sell their settlement educate yourself first before selling start by reading John's blog" Mr P. 11/17/2012
  • "I always appreciate when he (John Darer) keeps us informed on regs and rules. No one does it better"- structured settlement industry colleague and reader RY 7/26/2012
  • "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)
  • "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
  • "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
  • "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

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
    5 Survey not yet complete.

Comments and Trackback Policy

  • Comments and Trackback Policy
    Comments to this blog are encouraged, welcome and add spice to the interactive nature of blogs. However, the unscrupulous practice by some to deliver comment spam, to connect all manner of unrelated products to structured settlements, detracts from user experience, is NOT tolerated by this author and thus necessitates the practice of comment screening.

Secondary Market Blawgs or Websites

Special Needs Blawgs and Resources

Subscribe to this blog's feed

Pages

Blog Search Engines and Directories

Helpful Structured Settlement Information is Here!

  • Learn more about structured settlements by reading structured settlement expert John Darer's blog
    Researching Structured Settlements? It may be helpful to check (1) in Archived Blog Posts (above left); (2) use the Google search box (below); (1) visit the 4structures® website at https://www.4structures.com, (4) visit 4structures® Structured Settlement Experts YouTube Channel by clicking https://www.youtube.com/user/4structures1, or (5) call settlement expert John Darer® at 888-325-8640, toll-free in the USA, 646-849-1588 in New York City, or 203-325-8640 in CT, or from outside the USA.
  • Subscribe to this Blog
    Simply click on the " Subscribe" link at the top left of this blog page and follow the simple instructions.
  • The John Darer® authored Structured Settlements 4Real® blog is the most prolific structured settlement blog, providing information, commentary and opinion since 2005 with over 5,420 blog posts, and counting!

Why Take a Structured Settlement?

  • A structured settlement offers guaranteed financial security to personal injury victims, wrongful death survivors and their families. A structured settlement involves a customized stream of payments, provides long-term stable tax-free income, for a period of years or a lifetime. Unlike other income annuities. a structured settlement annuity can have multiple payment streams to address multiple needs in a single contract.

Recent Posts

Tax Deferral Resources | Defer Taxable Settlement

Other relevant websites and blogs of interest

4 structures logo-01