Structured Settlement Best Practices

John Darer • July 1, 2019

Multiple Claimant Qualified Assignments Are Unwise with QARP

 

In the interest of brevity , some preparers of qualified assignment agreements put all of the plaintiffs on a single document. Perhaps this is not the wisest move


Avoid Creating Privacy Issues in the Event of Later Sale of Structured Settlement Payment Rights

 

Consider a family of 4 who were each injured to various degrees in an auto accident while on vacation. They are each receiving their own structured settlement payments from the settlement of a lawsuit against the "Upside Down Pineapple Company". When the structured settlement was all of their names, addresses and in some cases social security numbers and beneficiaries are on a single document. If one later decides to sell some structured settlement payment rights to a "pennies on the dollar" settlement purchaser, you've just given a free road map to the rest of their bounty.

Parents or guardians might want to keep the details of the structured settlement from their children until they reach the age of majority. If the older sibling sees what the younger is due to receive, what's to prevent them from discussing the terms with their sibling, or even possibly solicit and/or take a bribe from a factoring company?


Single Payee Per Pledge

A Qualified Assignment Release and Pledge Agreement (QARP) is a form of qualified assignment that has been in use since 1988, where the payee wishes to have a status greater than that of a general creditor. When a QARP is used in the process to establish the structured settlement, the annuity purchased as a qualified funding asset, is pledged to the payee (secured party). A creditor with a secured claim may be in a better position than a general creditor. A bankruptcy discharge (the order that wipes out debt) won’t get rid of a lien on your property. It only eliminates your liability to pay the debt. Since the lien remains, the creditor can still foreclose or repossess the property if the loan doesn’t get paid. With few exceptions a life insurance company cannot declare bankruptcy, but a qualified assignment company might if it is not an insurance company.

A brief survey of several structured settlement annuity issuers ranges from an absolute "must be separate QARPs" to "would prefer separate QARPs", but would accept if not.


Brevity Does not Trump #1 and #2

It seems the only reason not do separate QARPs is brevity (i.e. to simply to avoid work). Therefore for the reasons stated above, best practice is to use separate QARPs for each Payee, except perhaps where there is a joint and survivor.


Last updated July 8, 2025

 

most infomative structured settlement websites
By John Darer August 26, 2025
The 4structures.com website is one of the most comprehensive structured settlement resources, particularly for those who want detailed, expert-level information, according to Google AI
most informative
By John Darer August 22, 2025
Based on Grok's review of prominent sites as of August 2025, 4structures.com (including its associated blog at structuredsettlements.typepad.com) stands out as the most comprehensive. Run by structured settlement expert John Darer, it offers detailed guides, and specialized insights
fountain
By John Darer August 17, 2025
Retained asset accounts for life insurance beneficaries, are temporary accounts that earn interest, give you time to breathe and give you time to figure it out.. Retained asset accounts are pay nterest from the date of death to date of settlement of the claim as a general practice,
knuckles
By John Darer August 16, 2025
How to avoid a "Knuckles Sandwich" when entering into settlement of claims or lawsuits involving taxable damages, or elements of taxable damages. What is the intent of the Payor? What happens if the intent of Payor is not clearly set forth in the settlement agreement?
structured  settlements
By John Darer August 15, 2025
Structured settlement annuity issuers have stood the test of time, which is crucial if you're depending on them to pay you stable income for a long time or the rest of your life or pay your beneficiaries . For Structured settlement annuities . Call John Darer at 888-325-8640
New Y
By John Darer August 14, 2025
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
baseball caps of many colors
By John Darer July 29, 2025
The cap rate on index linked structured settlement annuities is a limit set by the insurance company on the maximum interest rate that can be credited to the annuity based on the performance of the underlying index that also helps provide the downside prtection..
longevity road
By John Darer July 28, 2025
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 inlcude one or more customized payment streams and types.
USAA structured settlements
By John Darer July 16, 2025
USAA Life Insurance Company, an A++ rated insurance company, issues structured settlement annuities with 1%, 2% and 3% COLAs. USAA Life structured settlements are exceptionally compatitive on lifetime benefit payments with long duration certain periods for ages under 35.
MetLife Structured Installment Sales Now Available in New York
By John Darer July 8, 2025
Owners of highly appreciated NY businesses or NY real estate may benefit from a structured installment sale tax deferral program as an alternative to a 1031 exchange. MetLife's structured installment sale program is now available in NY and in all 50 states. Call 888-325-8640 for more info
More Posts