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November 07, 2017

Greenwald v Caballero-Goehringer | Judge KOs Portrayal of Structured Settlement Derivatives as Structured Settlement

by Structured Settlement Watchdog

Personal injury victims and their families should beware of financial advisers and salespeople who falsely portray structured settlement derivatives as structured settlement annuities or

In a March 29, 2017 decision in Greenwald v Caballero-Goehringer,  Delaware Superior Court C.A. No. K14C-04-027 JJC.   a  Delaware Superior Court judge rejected an attempt to portray structured settlement payment rights as an annuity in a minor's prove up hearing, stating. "The proposed "structured settlement" was described in the Third Petition  as a structure to be purchased through a third party to be facilitated  by a Houston, Texas law firm. The "annuity" proposed by the Petitioner  was in fact a "receivable purchase agreement" which involved purchase of  the rights of payment of a structured personal injury settlement from a  California injured party having nothing to do with this case. In other  words, the annuitant in the proposed plan facilitated by the Texas law  firm was the California claimant, not the Minor. Furthermore, despite  the Petitioner describing The Hartford as providing the annuity, the  seller of the receivable purchase agreement was Genex Capital. No rating  was provided for that entity in the petition. The Court denied the Third  Petition, without prejudice"

The trail led to Daniel Reisinger, a Pennsylvania and Delaware based actively licensed insurance agent, represented as the owner of the website Safe Investing Services, whose website portrays structured settlement derivatives as Structured Settlement Annuities.

 

 

Structured Settlement Derivatives Falsely Portrayed as Structured Settlement Annuities
Here Reisinger's website portrays structured settlement derivatives as structured settlement annuities

 

 

Is the Delaware Superior Court rightly recognized structured settlement derivatives are not annuities. Structured settlement derivatives may not have the same statutory protections afforded to the original structured settlement annuitant. Furthermore, there is no protection under structured settlement protection acts for ongoing sales of the structured settlement payment

Genex Capital Corporation is a Delaware based corporation that operates out of a UPS store mailbox in Dover Delaware. Company personnel are ostensibly in Vancouver Canada. Since 2013 Genex Capital has operated Assured Annuity, which validates its use of Annuity to market derivatives by citing Merriam Webster dictionary  (kids version)

Accountability For Misuse of Term "Annuity" to Describe Structured Settlement Derivative Investments

Posted at 12:04 PM in Albany New York Structured Settlements, Attorney Responsibility to Clients in Settlement Planning Process, Baltimore Structured Settlements, Bethesda Structured Settlements, Boca Raton Florida Structured Settlements, Boston Structured Settlements, Bowling Green Kentucky Structured Settlements, Bridgeport Structured Settlements, Bronx New York Structured Settlements, Brooklyn New York Structured Settlements, Broward County Structured Settlements, Buffalo New York Structured Settlements, Chevy Chase Structured Settlements, Connecticut Settlement Planning, Delaware Stuctured Settlementants, St. Louis Structured Settlements, Stamford Structured Settlements, Structured Settlement Derivatives, Structured Settlement Factoring News, Structured Settlement False Advertising, Structured Settlements in Fort Lauderdale FL, Structured Settlements in Fresno County, Structured Settlements in Illinois, Structured Settlements in Ithaca New York area, Structured Settlements in Kentucky, Structured Settlements in Maine, Structured Settlements in Massachusetts, Structured Settlements in Miami Florida area, Structured Settlements in Michigan, Structured Settlements in Nassau County, NY, Suffolk County Structured Settlements, Sumter County Structured Settlements, Syracuse Structured Settlements, Tampa Structured Settlements, Texas Structured Settlements, TX structured settlements, VA Structured Settlements, Virginia Structured Settlements, Washington Structured Settlements, West Virginia Structured Settlements, Westchester Structured Settlements, White Plains Structured Settlements, Wisconsin Structured Settlements, WV Structured Settlements |

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Guide to Structured Settlements 2023

  • 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 2023 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 whose business it it is to assess mortality risk to price its life insurance and annuities. 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].
  • Structured Settlement Annuity Companies 2023
    Which life insurance companies issue structured settlement annuities going into 2023? 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.
  • 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
    Ways You Can Structure Your Settlement Payments. With a structured settlement you can have more than one type of payment in a single contract. Different types of structured settlement payments can be customized and combined to meet your needs on a stand-alone basis, or in conjunction with other financial products. Diversify your structured settlement, if you wish, by funding with more than one annuity issuer, with treasury funded structured settlements, index linked structured settlement payments and market based structured .
  • Structured Attorney Fees for Tax Deferral for Contingency Fees
    Structured attorney fees is a financial strategy that offers a unique way to defer taxes for lawyers and law firms. Lawyers CAN structure their legal fees even if the plaintiff doesn't structure their settlement. There are multiple ways to structure your attorney fees, such as the an index linked structured settlement where payments are adjusted based on upside changes in the S&P 500 with no downside and a cap of 5%. Trial Lawyers may also use a special deferred pay/deferred compensation arrangement, if market based returns returns are desired with no cap. Plan NOW for year end! Put structured attorney fee expert John Darer® on your settlement planning team.
  • 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) or changed its name and you're trying to track them down, here you go! The list is regularly updated. Last updated September 14, 2023
  • 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

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.

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