Structured settlements expert John Darer reviews the latest structured settlements news and information and provides expert opinion and commentary, including settlement planning issues/ ideas for settlement management, incisive Structured Settlement Watchdog® commentary that may be helpful to lawyers, plaintiffs, claims adjusters, judges, the news media, sellers and buyers of structured settlement receivables,and interested others. The style is spicy, informative, irreverent and effective. The most prolific structured settlements blog, Now in 19th Year! Check back daily for something new.
There are several life insurance companies that will allow non-smoker rates for users of cigars, pipes, chewing tobacco, nicotine gum, lozenges and e-cigarettes, even with nicotine in the urine. In order to qualify you will still need to be a non-cigarette smoker for at least 12 months.
You will still need to complete the normal underwriting process and other risk factors could impact your cost of insurance or whether or not you are insurable.
Getting life insurance can be a pain for some who are afraid of a "little prick". Well at least 4 life insurance companies have gone "jab-er walkies" and permit you to buy life insurance without having to raid your veins for homespun "tomato juice" OR even requiring a urine specimen.
The eligible face amounts for the life insurance depend on the company but range from $50,000 up to $1,000,000, with the median at $500,000. Despite relaxed requirements on blood draw and urine specimens, the subject insurers will still need to review attending physicians statements and pull a motor vehicle report. If you need a life insurance quote or want more information please call me at 203-325-8640.
You may not be aware that it is possible to buy term life insurance up to age 85. Level premium terms of 5, 7,10,15 and 20 years are all available to those who are insurable.
Term insurance plans that are expiring can be renewed beyond age 85 depending on the company.
Underinsured insurable seniors with ability to pay, or with children or trusts with the ability to pay, premiums can take steps to fill the coverage gap.
Over my 30 year career I have developed a set of skills to help people plan for financial transitions and life contingencies and helped them and/or their families through those financial transitions.
This heartfelt image sends a powerful message about why people buy life insurance or, incorporate a structured settlement annuity or market based structured settlement in their settlement plans, and/or create a trust that guarantees a means to carry out our life plans even if an illness or sudden event takes life away. Thoughtful planning is a touchstone to those that survive.
Let's talk about your financial transitions? Call me at 888-325-8640
Nearly one in eight U.S. women develops breast cancer at some time in their lives. Men are not immune from the disease, as one of my high school classmates, a survivor, can attest.
Whether you are a young mother or father with a need to protect your children and your family, or you have an estate planning need, to protect your wealth, or a special needs child or adult, a history of breast cancer diagnosis is not an automatic decline for life insurance.
Breast Cancer Stages and Life Insurance Underwriting
Most Stage 0 and many stage 1 breast cancers can be considered at standard rates after treatment.
Most Stage 2 breast cancers can be considered one to two years after treatment, usually with a temporary flat extra rating.
Stage 3 and 4 usually require a postpone period of three to five years before any coverage can be offered.
Background
The underwriting on breast cancer is primarily based on the Stage, 0 to 4. Stages 0 to 2A are considered localized just to the breast, where as Stages 2B to 4 are more advanced and usually have lymph node involvement or metastasis to other areas.
Treatments of breast cancer usually involve surgery (lumpectomy or mastectomy) followed by radiation therapy and/or chemotherapy, depending on the severity of the cancer. Additional treatment advances have been made with earlier diagnosis and therapies, together with gene testing, hormones, etc.
I have 40 years of experience in life insurance. For more information and/or a consultation,
During the life insurance contestability period your life insurance company can cancel the coverage and return the premium if it discovers that information supplied by you (and/or the policy holder if you don't own the policy) on the insured application, or during the application process to qualify for the insurance, contains material misstatements. The general contestable period is usually the one or two years, depending on the company.
The purpose of the contestability clause in your life insurance contract provides the company a reasonable opportunity during this period to protect itself against people obtaining insurance that would not have qualified for it if they gave truthful information on their application.
Some Constestable Clauses in Life Insurance Policies to Look Out For
Most life insurance policies have a suicide exclusion that specifically limits insurance company liability to a refund of premiums if the suicide occurs within a certain period of time. In some states it is one year and other states, like California it is two years. The reason is obvious.
Many contracts also have a clause regarding misstatement of age and gender. Depending on contract language, claim amounts may be adjusted based on the insured person's true age and gender. Other insurers may take a harder line and only permit a return of premium.
And the biggie...Misstatement of smoking status is mentioned as fraud in many life insurance contracts. As tempting as it may be for smokers when they see the how consuming tobacco or weed affects cost, don't even think about lying about smoking.Coverage is immediately voided with no claim payable. The insurer may only refund premiums paid after the date tobacco-use misrepresentation is discovered. There is plenty of case law out there to support the insurers. You are buying life insurance to protect against unacceptable consequences to your family in the event of your death. Don't screw it up!
If your incur a loss during the contestable period expect a contestable review but don't panic, unless you've been untruthful.
Northwestern Mutual Life Insurance Company v Gil 2009 WL 276086 (Conn. 2009). Insured died in homicide, but had misstated about medical history when application was taken. NML refused to pay $15,000,000!
This video contains a brief discussion about the importance of life insurance to the continuation of businesses (including law firms), the financial security and survival of families and the need for expert advice, featuring Stamford Connecticut based life insurance expert John Darer® , CLU ChFC MSSC RSP CLTC.
An independent insurance agent and broker has the ability to provide the best product to fit a client’s unique needs since he or she is not contractually bound to sell only a primary company’s products. While captive agents do go "off the reservation", they often do so "on the QT", or only after the primary company has declined the risk.
Consumers may see a value in an agent who has a brand name on a business card, but they should be aware of the independent broker/consultant/planner model which enables someone with smarts, experience and confidence, to access and provide a wider universe of products and solutions to meet the consumer's needs than a captive agent.
A captive agent for life, disability, annuity or long-term care insurance is associated with the captive company by joining a general agency for the captive company. An independent agent and broker is affiliated with a master general agency (MGA or BGA) which pools production from a wide universe of producers This not only convenient for the agent, but it serves to work around minimum production standards, which could possibly have an effect on agent objectivity towards the end of the year.
Level premium term life insurance which can go out to age 95 is now available at very attractive long term premiums so that older plaintiffs, plaintiff attorneys and others who can't afford, or choose not to pay, higher premiums for whole life or other permanent coverage.
For example a male age 70 might be able to get $500,000 coverage for $8,050 annually, that stays level for 20 years.
Life insurance proceeds are generally income tax free and if the application and ownership is properly structured proceeds when paid may be outside of the insured's estate.
Some possible uses of life insurance at age 65 plus
Older plaintiffs can solve for post-mortem liquidity needs or bequests without breaking the bank or forgoing coverage due to the burden of whole life cost.
Older healthy grandparents or parents can provide for a special needs child.
The healthy spouse of a disabled plaintiff can purchase insurance to enhance settlement recovery if he or she were to pass before the disabled spouse.
Equalize inheritances if giving business to one child and have other children who you love, but are not interested in the business.
Can fund buy sell agreements for law firms. There are options for senior partners who are active as partners and want to continue practicing into their 70s and even 80s
Two behemoths of the structured settlement industry disagree on offering ancillary products other than structured settlement annuities, at least according to their websites.
A. One company fervently states that "there is no interest in selling the plaintiff any other type of financial product, before, during or after the case is settled".
B. As a market differentiator, another company recently stated it has a relationship with a national wholesaler of life insurance services and proudly proclaims that its structured settlement consultants are now included among the wholesaler's 3,000 associates. As an aside this author understands that the relationship is non exclusive and that any licensed insurance agent or broker can access the same wholesaler through the wholesaler's independent insurance agent distribution channel.
As someone who has been offering a considerable range of solutions to risks that can be solved through life insurance, disability insurance, long term care insurance and other financial planning services for over 27 years, to help my clients solve a wide variety of personal and business planning needs, I'm pleased to see some in the industry move in the direction of more comprehensive solutions. For us it's business as usual.
As a life insurance expert, I offer the credentials of Chartered Life Underwriter and Chartered Financial Consultant, to go along with extensive practical experience, to go along with my settlement planning credentials (Registered Settlement Planner and Certified Structured Settlement Consultant). What is a CLU? Download CLU-promotional-brochure What is a ChFC? Download ChFC-promotional-brochure
During the last 27 years I (and other life insurance experts like me in the industry) have built up an extensive network of contacts and outlets which give value to clients as an independent consultantnot tied to an Independent Marketing Organization (IMO) help desk. An IMO help desk provides simplicity for those that do not have experience in the area and may provide some convenience to those who do. It is worth noting that IMO arrangement also helps the parent company aggregate production credits across its entities for higher commissions and residuals. There's nothing wrong with that but since one of the behemoths in question has chosen to use the differentiator, shouldn't we call a spade a spade?
If structured settlements were simply about placing a product would there be any need for trained, experienced and/or credentialed experts? Surely the same goes for life insurance , long term care and other insurance.
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 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].
Top Structured Settlement Annuity Companies 2024 Which life insurance companies issue structured settlement annuities in 2024? 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 June 14, 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 2024 Ways You Can Structure Your Settlement Payments in 2024. 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 Attorney 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 capped or uncapped index linked structured settlement annuities where payments are adjusted based on upside changes in the S&P 500 or another index, 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 in 2024.
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 May 20, 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.
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.
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, Information and Commentary, John Darer Reviews, Settlement Planning News and Financial Solutions for over 18 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 July 10, 2024
New York City 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 with matters in Courts throughout the New York City metropolitan area
New York Structured Settlement Expert Whether you're at the crossroads of the world or the crossroads of your life, structured settlements provide stability for when life is at a crossroad. Call 888-325-8640
New York Settlement Planning Expert for NY Attorneys and Residents - YouTube New York settlement expert John Darer's comprehensive approach to Settlement Planning helps New York personal injury lawyers and their clients move through the financial transition resulting from a major life event. CPLR Articles 50A and 50B expertise for New York lawyers
New York Structured Settlement Expert 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...
Connecticut Structured Settlement Experts 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, Wilton, Ridgefield, Norwalk, Midletown, New London, Westport, Oxford, Stratford, Old Greenwich, Stafford, Storrs, Groton
"I'm with ***** Settlement Funding and appreciate your TRUTHFUL information"
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"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
All posts, including memes created by John Darer, Copyright 4structures.com, LLC 2024. All rights reserved. Ongoing filings have been made with the United States Copyright Office. Except for those videos in which John Darer appears, or any video advertisements or public service videos appearing on, this blog, no claim is made to videos, music or images in any mashup which are the property of their respective owners. Disclaimer: The use of any marks herein does not suggest any sponsorship, affiliation or relationship with owners of such marks. Any marks used in commentary herein are in the context of fair use to discuss the newsworthy topics presented herein.This web site is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by any insurance or other company referenced herein. All products, services and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association, sponsorship or endorsement between the trademark holder and the operators of this web site.
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Comments and Trackback Policy
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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.
Helpful Structured Settlement Information is Here!
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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.
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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