Blog Post

Structured Settlement Assignment Agreements

John Darer • Mar 31, 2019

What Exactly is Being Assigned

in a Qualified or Non Qualified Assignment?

structured settlement assignments

Important tip concerning the fundamentals

of structured settlement documentation


When a structured settlement is established. the sequencing goes as follows:

 

  1. Periodic payment obligation is established in the Settlement Agreement and Release
  2. The obligation to make future periodic payments is assigned.
  3. Concurrent with the assignment the Assignor [(which is the Defendant or his/her/its insurer(s)], funds the future periodic payment obligation by check or wire to the assignment company.
  4. The funding asset, generally a structured settlement annuity, is purchased by the assignment company, or assignee.

 

This is the sequencing regardless of whether there is a qualified assignment or non qualified assignment.


For more information please refer to How Structured Settlements Work


Last updated July 8. 2023

risk adjusted capital ratio and structured settlements
By John Darer 07 May, 2024
What is Risk Adjusted Capital Ratio (RACR) What does RACR Ratio mean forr your structured settlement annuity company, or one that you are considering. How does RACR compare with RBC Ratio?
Risk Based Capital
By John Darer 06 May, 2024
What is Risk Based Capital? What Does the RBC Ratio Mean for Your Structured Settlement Annuity Company?
certified financial transitionist
By John Darer 25 Apr, 2024
A Certified Financial Transitionist is trained and certified to help clients navigate through major life events and the financial transitions that accompany them. Especially useful for personal injury victims and wrongful death survivors to help prepare for the important decisions they will need to make.
Sequencing Risk for Those Receiving Legal Settlements
By John Darer 22 Apr, 2024
John Darer reviews sequencing risk and the impact of early spending after settlement. Sequencing and Decumulation risk is a factor for recipients of legal settlements and should be addressed in advance of settlement as aprt of settlement planning and wealth orientation.
structured settlement rate lock ins
By John Darer 21 Apr, 2024
A structured settlement lock-in means that the structured settlement annuity issuer will guarantee the cost of a specific benefit stream in exchange for the "quid pro quo" of a commitment to accept or purchase. The guarantee could be a week , or 6 months.
market based structured settlements for lawyers, law firms or plaintiffs
By John Darer 14 Apr, 2024
An introduction to Market Based Structured Settements for Plaintiffs, Lawyers and Law Firms and Settling Parties
new york structured settlements, new york city structured settlements, nyc structured settlement cos
By John Darer 16 Mar, 2024
Which life insurance companies write structured settlement annuities for personal injury and wrrongful death settlements in Bronx, Brooklyn, Staten Island, Queens, Manhattan, Long Island, Westchester, Erie, Rockland, Albany,Monroe in 2024 through licensed representatives?
flying inverted
By John Darer 16 Mar, 2024
While rising yields have narrowed the gap for defendants in New York CPLR 50A and 50B projections, plaintiffs can still " fly inverted" and get plenty of "lift" when negotiating settlements by using savvy settlement experts
construction defect structured settlements
By John Darer 12 Mar, 2024
Structured settlements can be used where construction defects lead to personal physical injury, physical sickness, or loss of life. In addition, structured settlements may be helpful to plaintiffs who wish to spread out basis, smooth out capital gains or income
structured settlement beneficiary
By John Darer 08 Mar, 2024
Structured settlement beneficiary death claim. An executor cannot change the beneficiary of a structured settlement annuity. Typically, settlement agreements permit the Payee to name or change a beneficiary, provided such change is in writing and submitted to the Assigmment Company or the annuity issuer in writing and in proper form. An executor is a court appointed representative of the decedent, or in this case, deceased structured settlement annuitant. The insurance beneficiary designation is a contract between the decedent and the insurance company that was entered into prior to the decedent's death.
More Posts
Share by: