Structured settlement expert John Darer reviews the latest structured settlement news, information and provides expert opinion and commentary, including settlement planning issues/ ideas for settlement management, incisive Structured Settlement Watchdog® reports that may be helpful to lawyers, plaintiffs, claims adjusters, judges, the news media, sellers, buyers of structured settlement payment rights and interested others, The style is spicy, informative, irreverent and effective. The most prolific structured settlement blog, Now in 18th Year! Check back daily for something new.
The Structured Settlement Industry got off to a great start in Q1 2023, with substantial increases over Q1 2022. The structured settlement industry saw its second straight quarter with in excess of $2B in production.
Summary
The structured settlement industry placed $2,069,165,084 of premium in Q1 2023.
This represents an increase of $904,770,552 or +77.7% Q1 YOY and the second straight quarter with industry production in excess of $2B.
Structured settlement industry case count totaled 7,180 in Q1 2023.
This represents an increase of 2,572 cases or +55.8% Q1 YOY
Average structured settlement premium per case was $288,185 in Q1 2023.
This represents an increase of $35,495 per case or +14% Q1 YOY Source: Matthew Ross
MetLife was the leading company in terms of Q1 2023 production with $584,900,000. MetLife structured settlement underwriting companies are Mettropolitan Tower Life Insurance Company and Metropolitan Life Insurance Company. The former is the primary underwriting company and the latter is the MetLife underwriting company that has been in business since the 19th Century, having been founded in 1868.
Pacific Life was the second leading structured settlement annuity issuing life insurance company, not far behind behind MetLife, with $513,699,241 Together MetLife and Pacific Life made up more than 50% of the undustry's Q1 2023 production, combining for more than $1B in production between them in Q1. Pacific Life writing companies include Pacific Life Insurance Company in all states except New York and Pacific Life and Annuity Company for all structured settlement cases with a nexus to New York (e.g. venue, parties).
In third place in terms of production was USAA LIfe, which exploded in growth, leaning into its sweet spot on long term structured settlement payouts with $357,000,000
In fourth was New York Life Insurance Company, with $222,229,672, founded in 1845.
IStructure, the first and only uncapped index linked structured settlement annuity issued by Independent Life Insurance Company (the only structured settlement annuity issuer that issues structured settlement annuities as its sole product line), is running at about 60% of Independent Life Insurance company sales according to company sources this author spoke with. Independent did $130,313,000 in Q1
Why Structured Settlements? Because Certain Sells®. We have solutions to deal with the thing that most people worry about the most.
The majority of US states have no insolvency protection for investors in other people's structured settlements, leaving some investors perhaps blissfully unaware that they are running naked. This means almost 80% of US States!
The Life & Health Guaranty Associations Model Act (#520) makes it crystal clear that investors who have acquired structured settlement payment rights in a structured settlement factoring transaction are expressly excluded as a protected class. Under the 2017 revisions, the exclusion applies regardless of whether the investor acquired structured settlement payment rights before or after the effective date that their state adopts the 2017 revision.
Some of these investors may have been misled into believing the investments were annuities,when sold the investments by trusted advisors, including some settlement planners. They weren't.
To be clear, this is not referring to injured parties who are receiving structured settlement payments that were established as consideration for settlement or their personal injury, wrongful death or workers compensation cases (or their beneficiaries) . This applies to investors, regardless of when they bought the structured settlement payment rights.
Premiums, excluding pension risk transfers, adjusted premiums, fees and other revenues were $669 million, up 43 percent, primarily driven by strong structured settlement sales and growth in UK longevity reinsurance.
MetLIfe issues structured settlements through Metropolitan Tower LIfe Insurance Company and Metropolitan Life Insurance Company and structured judgment annuities thorugh Metropolitan Life insurance Company. MetLife Structured Settlements has had a very strong social media presence in the last 12 month. MetLife has clearly ramped up efforts to create more awareness for its non qualified structured settlement products
Who Issues Structured Settlement Annuity Policies?
Here's one answer...
"Structured settlement brokers...and are responsible for issuing the annuity policy to the plaintiff"- FAQ answer from the website of a California licensed insurance agent and structured settlement broker , retrieved April 29, 2023
According to the Insurance Information Institute however
"Annuities can be purchased through insurance agents, financial planners, banks and life insurance carriers. However, only life insurance companies issue policies". See How are annuities sold? | III
Is an Annuity Policy "issued to the plaintiff" When a Structured Settlement Is Established?
Structured settlement annuities can be purchased by Defendants, Insurance Companies for Defendants, or Qualfied Assignment Companies.
April is Financial Literacy Month – a month intended to raise awareness on planning for a secure financial future. It’s also a time to reflect on the state of your personal finances and explore opportunities to improve them one step at a time.
Publishing what should be basic information directed to consumers, that is bereft of the accurate truth, would not be acceptable standard for someone who just passed a state insurance licensing exam, let only someone with decades of experience in structured settlements.
On March 14, 2023, the New York Court of Appeals heard oral arguments in the Matter of Lujerio Cordero v Transamerica Annuity
NY Court of Appeals in Albany NY 12207
Service Corporation et al. The United States Court of Appeals for the 11th Circuit asked the New York Court of Appealsfor guidance on whether implied contractual duties of the annuity issuer/qualified assignee exist with respect to Cordero's structured settlement factoring transactions.
Rather than suing the factoring companies directly, Cordero sued Defendants-appellees Transamerica Annuity Service Corporation and Transamerica Life Insurance Company (collectively, “Transamerica”), the companies that issued and funded his periodic payments before he assigned them to the factoring companies.
It should be noted by readers that Lujerio Cordero's mother was involved in the first of the six structured settlement factoring transactions/
While a decision from the New York Court of Appeals is not due for another 30 to 60 days, oral arguments didn't appear to go so well for plaintiff Lujerio Cordero whose lawyers elected NOT to sue the structured settlement factoring companies that profited from 6 structured settlement factoring deals and unconvincingly, went after structured settlement annuity issuers and their qualified assignment companies on the theory that structured settlement annuity issuers and qualified assignment companies had a implied duty to interevene in structured settlement factoring transactions.
Talking Points
1. New York Court of Appeals judges hammered Plaintiff's counsel, from prestigious Freshfields, on why there was no suit against the factoring companies who solicited Lujerio Cordero
Plaintiff's defense was that the belief that the factoring companies were "fly by night" played a role in their strategy.
Comment
Think about this readers, in referring to the subject factoring companies as "fly by night" doesn't doesn't this add more tinder to the fire of of the two decade long strategic failure of state legislatures to establish a standard of licensing and business conduct for factoinrg companies and sales people, so that predators actually have consequences for their actions? How do you justify the status quo?
2. New York Court of Appeals judges asked Plaintiff counsel why plaintiffs did not try to undo Cordero's approved transfer orders.
3. New York Court of Appeals Judges wanted to know what the Plaintiff's standard was? Plaintiff's counsel was not able to articulate a cogent legal argument against the structure annuity issuer and qualified assignment company owner.
Plaintiff's "Comme-ci comme ça" is Easily Rubbished
As part of Plaintiff's 15 minutes of oral argument, Plaintiff's counsel from prestigious Freshfields, supposed/alleged that Berkshire Hathaway, Independent Life and MetLife were examples of companies that had programs to contest transfers. So how is that rubbish?
1. Transamerica stopped writing structured settlement annuities in 2003.
2. I re-confirmed with MetLife today that on March 14, 2023, the date of oral argument was presented to the New York Court of Appeals, that neither MetLife nor its assignment company have such a program and they still didn't at the time of posting.
3. Berkshire Hathaway has a Hardship Exchange program.
4. Independent Life is the only company that has an official "Payee Protection Program. But how can plaintiff counsel use Independent Life as a standard in the Cordero case when Independent Life has only been in operation for 5 years. When did the six Cordero structured settlement factoring tranactions occur? Oh...
That being said, according to its website Independent Life engages the professionals who designed the plan so that the payee does not have to undertake this process alone. Independent Life is also committed to fighting back against unfair pricing practices, predatory practices, and forum shopping which sometimes occur with these proposed transfers.
Independent Life created the first Payee Protection Policy in the structured settlement industry to offer SECURITY for its payees. It says "we take the extra steps to re-engage the professionals that established the payment plan to secure it or weigh in on the wisdom of changing it. Independent Life will attempt to protect its payees from any and all proposed transfer petitions we view as unfair to our payees.
New York Judges Among the Most Astute and Alert on Structured Settlement Factoring
Time and time again New York judges have shown themselves to be among the most astute on the subject of structured settlement factoring. Were it not for New York judges doing their job in New York over the last 15 -20 years, structured settlement factoring companies might not have decided to make judicious use of Judge Michelle Morley's courtroom in Sumter County Florida and other Florida counties inveigling unsophisticated annuitants in "fraud for cash now" forum shopping schemes.
Prior Effort to Sue a Structured Settlement Annuity Issuer and a Qualified Assignee (in an Unrelated New York Case) Was Dismissed
See LOUISE AND PHILLIP TAYLOR, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY AND NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Defendants. United States District Court, S.D. New York.No. 19 Civ. 6830 (VM). February 9, 2021. Ironically, the Taylor case cited Cordero v Transamerica and asserted a similar argument against New York Life concerning anti-assignment language.
Watch the entire Court of Appeals Oral Argument in Cordero v Transamerica
A Florida structured settlement factoring company ad posted to Instagram December 28, 2022, featuring a man walking hand-in-hand with girlfiend in one direction, while not so subtlely swiveling his head to ogle the Sitzfleisch of another female walking in the opposite direction, stating "Calling XYZ about a large lump sum". The way the ad plays out, the factoring company is the rumpof the woman the rump bum is checking out. We've all seen a version of the meme featuring the "rump bum".
It seems asinine to diss at least half of the population when it's not necessary to grab consumers' attention in a tribute to the 1992 Wreckx-n-Effect hip-hop song " Rump Shaker"...
"All I wanna do is zoom a zoom zoom zoom And a poom poom, just shake ya rump Rump shaker"
The Broward County Florida structured settlement factoring company says "Our customers choose to sell their structured settlement and annuity payments for several reasons. A large lump sum payment allows you to purchase a home, further your education, start a business, pay off debt or put your money in investments that offer a higher return".
Before you go chasing your tail (or someone else's) for pennies on the dollar, read this helpful guide to "KYS" on the subject.
Note: The actual ad posted by the Fort Lauderdale company on Instagram on December 28, 2022 and still active at the time of this posting featured a re-creation of the so called "look back guy" with different women and a different guy (but same concept). The image above in the meme is the classic image of "look back guy".
Structured settlement annuities had a RECORD 4th quarter of 2022, as increasing awareness of rising interest rates looking good against a volatile stock market, plummeting crypto and hard work by industry members, catapulted industry production to close to its all time record achieved in 2019. The structured settlement primary market produced $779.5M in December 2022 to end Q4 2022 with $2.075B in production. The total for 2022 was $6,037,899,790 according to industry sources. The number does not included non qualified strucured settlement products.
The industry placed $2,090,161,453 of premium in Q4 totaling $6,037,899,790 for the year.
· This represents an increase of $939,304,942 or +81.6% Q4 YOY
· YTD this represents an increase of $1,807,552,714 or +42.7%
Industry case count totaled 5,979 in Q4, totaling 21,341 for the year.
· This represents an increase of 1,526 cases or +34.3% Q4 YOY
· YTD this represents an increase of 1,843 cases or +9.5%
Average case size was $349,584 in Q4, averaging $282,925 for the year.
· This represents an increase of $91,139 per case or +35.3% Q4 YOY
· YTD this represents an increase of $65,961 per case or +30.4%
How Structured Settlement Industry Was Affected in Covid Era
Despite a return to structured settlement production highwater mark to the north of $6B in 2018 and the all-time record in 2019, the rapid deceleration in interest rates in the early part of the Covid-19 pandemic, together with court closures that constricted the supply line of cases coming up for trial, played a role in the drop in structured settlement industry wide production.
Rising Capital, a Delray Beach structured settlement factoring company is soliciting structured settlement payees, with a
Solicitations such as Rising Capital's "Division of Plaintiff Rights" would never be allowed if sales practices in the structured settlement secondary marklet were actually regulated instead of the unregulated morass that has gone on for more than 20 years
"Division of Plaintiff Rights" schmooze that turns out to be a ruse. Just a solicitation to sell your structured settlement payments to Rising Capital.
Rising Capital Sales Pitch is Like A Flaccid Souffle
Just to be clear if you sell to Rising Capital, or any other company like them, your "dough" ain't rising. "Pennies on the dollar" sure isn't rising. More like a flaccid souffle.
The recipient of the letter received an envelope that has a return address of 5300 West Atlantic Ave, S200 Delray Beach, FL 33484. Next is listed on the envclope is Division of PL. Rights C-
With even more jiggery-pokery, the envelope further states "The contents of this parcel have been filed and registered in our files office prior to sending. Please do not tamper with contents". And "enclosed belongs to receiver only".
The "Division of Plaintiff Rights" is silly billy stuff. If you settle a lawsuit against all parties with (or without) a structured settlement and your case is dismissed or discontinued with the Court, your Plaintiff is no longer a plaintiff on that case. He/she is a structured settlement payee.
"Rising Capital sent a mailer with the header "Audit Alert-Time Sensitive" bearing the subject line "Internal Audit for: John Hancock Life insurance Company." An audit is "an official inspection of an individual's or organization's accounts, typically by an independent body.". Rising Capital is suggesting that it has done an internal audit for John Hancock Life Insurance Company. Given that John Hancock has its own internal auditors, why would they hire Rising Capital Associates? One wonders what Martin Sheerin, the John Hancock CFO will say when he sees Rising Capital's fulminating piece of bullship? A copy of Rising Capital's work is on its way to John Hancock. A Cardeno Vice-President-Audit Department doesn't appear to come up on the grid on 3/9/2019".
An industry friend recently shared with me that the National Association of Settlement Purchasers (NASP) brought up the subject of extensive negative publicity the the industry segnment was receiving.
Maybe its time that NASP starts getting serious about collaborating, supporting, advocating and putting into place a licensing standard for the structured settlement secondary market, just like there is for life settlements. Surely that would be good for business. Solicitations such as Rising Capital's "Division of Plaintiff Rights" and the John Hancock spoofing from 2019 described in the prior posts have no place in this business. The types of mailers deployed by Rising Capital and others (like late Seneca One's old "National Structured Settlement Registry") would never be allowed if sales practices in the structured settlement secondary marklet were actually regulated everywhere instead of the unregulated morass that has gone on for more than 20 years. History has proven that self-regulation and self discipline is clearly not the structured settlement secondary market's strong suit.
Are Structured Settlements tax free? That is the question.
One answer appearing on the Internet from a settlement planning firm states:
1. Income tax exemption: Structured settlement payments—including growth—are 100% income tax-free.
Comment: TRUE, if the payments represent damages that qualify for an exclusion from gross income set forth in IRC 104(a)(1), IRC 104(a)(2) or IRC 139F. Generally, worker's compensation, personal physical injury or physical sickness, wrongful death and wrongful incarceration. It is not the structured settlement payments themselves that drives the tax treatment, it is what the parties agree the damages the structured settlement payments represent compensation for and how that is applied in the tax code.
2. While lump sum cash settlements are income tax-free for physical injury cases, if the money is placed in a traditional investment, then any growth is subject to income taxes.
Comment: Not exactly. The answer fails to recognize capital investments that produce capital gains.
The term capital gain refers to the increase in the value of a capital asset when it is sold from what you paid for it. A short term gain or loss is when the asset is disposed of in one year or less. A long term capital gain or loss occurs if an asset is sold after holding for more than one year. The asset must be disposed of (sold) in order to realize a capital gain or loss. In other words, unrealized gains and losses that reflect an increase or decrease in the value of an investment are not considered a taxable capital gain.
So it would be inaccurate to say that "if the money is placed in a traditional investment, then any growth is subject to income taxes".
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 for 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 January 23, 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.
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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STRUCTURED SETTLEMENTS 4REAL® Blog Is a Popular Source of Structured Settlement News, John Darer Reviews and Information, Settlement Planning News, Tax Deferral and Deferred Income Planning Solutions,
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. For over 17 years it has been a leading source for critical commentary. The John Darer authored blog has been among the most prolific, regularly providing reviews, fresh structured settlement, settlement planning, litigation recovery management content and commentary. John Darer®, CLU ChFC MSSC CeFT® RSP CLTC, President of Stamford, CT based 4structures.com, LLC, is an experienced New York City area structured settlement expert, structured settlement broker, Certified Financial Transitionist, and Registered Settlement Planner.
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Last updated April 20, 2023
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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...
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John—this (video published 11/2010) is a well done piece. I like the way you always stick to the facts-AM
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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
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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.
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.
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The John Darer® authored Structured Settlements 4Real® blog is the most prolific structured settlement blogger with over 5,330 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.
London Market Structured Settlements Experts Bridge building settlement consulting using a humanistic process, providing creative and reliable support for London Market Insurers, Lloyds Syndicates, Claims Professionals and Lawyers
New York Structured Settlement Experts Bridge building settlement consultants who collaborate with clients using a humanistic process, providing creative and reliable advice and support for litigating parties and their lawyers.
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NYC 9-11 Health The World Trade Center Health Registry is now the largest registry in U.S. history to track the health effects of a disaster. The federally funded program is information central for first responders and others with health issues from 9-11
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