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Litigation

Structured Settlements 4Real Structured Settlements 4Real

Information and commentary concerning structured settlements and settlement planning issues.
By John Darer

Post Frequency: 26.1/day

Last Entry: April 01, 2011 at 14:55:54

Recent Entries: 2241

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Forge Consulting Moves on from "Plantiffs"... Mistakes Insurer For Beer Brewer?

Posted on February 04, 2008
FORGE Consulting says it has "worked diligently to bring high-caliber expertise from other types of companies, which allows us them build a settlement team for every case". Apparently one of those "companies" is "Employers Insurance of WASSAU(AAAAPP)"...


Rhode Island Judge Warns of Financial "Vultures"... An Image Borne By Advertising and Business Practices

Posted on February 03, 2008
Rhode Island Superior Court Judge Netti C. Vogel recently refused to allow a 28 year old tort victim to sell a chunk of a structured settlement she has been receiving from a childhood injury unless the factoring company,  Stone Street Capital came close to the present value with its offer...


Woodbridge "Blowing Petals of Shame" on Factoring Industry... Regulators Need To Wake Up About Woodbridge Investments' Advertising Before Tort Victims Get Hurt!

Posted on February 03, 2008
This morning I came across the following web page for Woodbridge Settlement Funding, LLC a/k/a, or related to Woodbridge Investments, LLC, in an Internet search for structured settlement quote.Download quote_form_woodbridge_settlement_funding_llc.pdf It would take more than a fleeting moment for an educated or uneducated person would be hard pressed to figure out that THEY COULD NOT GET A "FREE ONLINE QUOTE- STRUCTURED SETTLEMENTS AND ANNUITY" FROM WOODBRIDGE based on what is presented...


Would You Take Financial Advice From A "Butt Head"?

Posted on February 02, 2008
The "Butt Heads" of the Factoring Industry need to get their FAQs straight A.   RAM Funding Bleats in its Structured Settlement FAQ: Q. Do I Get Interest on My Structured Settlement?  A. No.  The interest is a part of your structured settlement agreement and is therefore, tax-free...


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Stop Whining "Vig Lobbyist"!

Posted on February 01, 2008
Rhonda Bentzen's latest whine is, save one, her 10th straight post on the factoring vig subject since early December. She has defined herself as "vig lobbyist" by her own writing. I repeat my question again... WHY is a factoring broker or factoring company so concerned about whether a broker takes a fee or not? Is Bentzen's business all about the tort victim, or is it about the broker? X------------------------------ I've discovered that Bentzen is not the only "game in town", nor is her word and, as Andrew Cravenho, Matt Bracy and David Springer aptly confirmed, if brokers are taking a fee (disclosed or undisclosed) the tort victim gets less...


Structured Settlement Information: Which Structured Settlement Industry Websites Getting Most Traffic?

Posted on February 01, 2008
Three Month Trailing Top 10 Traffic Rank (Alexa Rank as of 02/01/2008) of Structured Settlement Industry websites* (+ or- traffic from 12/27/2007 report) Who Are Ya? Beyond Structured Settlements Blog (Pat Hindert) 736,710+ Structured Settlements 4Real Blog (John Darer) 2,313,138- National Structured Settlement Trade Association (NSSTA) 4,073,377+ Cambridge Galaher 5,801,855- Structured Settlement Services 6,088,960- Creative Capital 6,221,199+ EPS Settlements Group 6,372,287- Ringler Associates 8,940,056- Lesti Settlements 9,088,402+ Settlement Professionals, Inc...


The "Britney Spears" of the Settlement Industry?

Posted on February 01, 2008
Is Rhonda Bentzen headed into the abyss like Britney Spears or what?  It sure seems like SHE has pushed the self destruct button. in her latest post Bentzen has now given prima facie evidence to the entire structured settlement industry of a significant reason NOT to do business with her...


Bracy's Swipe at Halpern Unwittingly Hits Structured Settlement Industry in Head

Posted on February 01, 2008
Matt Bracy of Settlement Capital Corporation appears to have taken a swipe at Richard Halpern's recent message in support of the Structured Settlement Clean Vendor Project. Before the structured settlement industry gallery stands up and cheers for Bracy's "left jab" at someone they perceive as a competitor, take a step back and think...


If It's Ethical and You Know It Disclose, Disclose, Disclose!

Posted on January 31, 2008
Settlement Capital's The Factoring Channel,  has released a Video Podcast produced by LBN, which at the very end includes a brief discussion on Structured Settlement Factoring Transaction Compensation of settlement brokers. In his interview with Mark Wahlstrom and Set Cap's General Counsel, Matt Bracy, the message is the need for full disclosure...


"Cash Now" Company Representative Mans Society of Settlement Planners Booth at 2008 Winter AAJ Meeting in San Juan?

Posted on January 30, 2008
Isn't it odd that a "cash now" representative is listed on the program for the Society of Settlement Planners booth for the AAJ meeting at the El Conquistador in San Juan, Puerto Rico.Download aaj_2008_winter_structured_settlement_exhibitors...


It's "Factoring Smackdown"! An Open Call To All Factoring Companies To "Weigh In"!

Posted on January 30, 2008
----IN CORNER NUMBER 1, Out of Dallas , Texas Settlement Capital's General Counsel  and Factoring Channel's Matt Bracy "...there are very few true funding companies and a plethora of factoring brokers.  Some of these factoring brokers pose as individual companies, yet they steer all their business directly to one company, so they are not so much a broker as they are an outside salesperson for a particular funding company...


Is your Insurance Advertising in Compliance With New York Insurance Advertising Law? This May Surprise You!

Posted on January 29, 2008
A January 7, 2008 opinion of the New York State Insurance Department Office of General Counsnel has important implications concerning acceptable business practices of structured settlement professionals and structured settlement general agencies with websites and other advertising...


Aviva Life Insurance Company of New York renamed after merger

Posted on January 29, 2008
On December 31, 2007 Aviva Life Insurance Company of New York, the New York structured annuity issuing company for Aviva USA was renamed Aviva Life and Annuity Company of New York. The name change follows a merger with another Aviva USA entity, Bankers Life Insurance Company of New York...


Woodbridge Investments apparently has NO respect for New York State Insurance Department or Insurance Law!

Posted on January 29, 2008
I have a policy to monitor comments to avoid the association of structured settlements with unrelated products that add to initial interest confusion.  This morning I received a spam comment from Woodbridge Investments, LLC on my recent post concerning the recent Opinion of General Counsel of the New York State Insurance Counsel that was designed to help structured settlement industry participants with better business practices...


Structured Settlements and Medical Malpractice Settlements

Posted on January 28, 2008
Following on Dov Apfel's excellent piece on the above subject in the December 2007 Trial magazine, James B. Reed, Esq. of Elmira, NY based Ziff Weiermiller Hayden & Mustico, LLP believes "that it is imperative in any substantial case that you perform your structured settlement analysis BEFORE you undertake any settlement negotiations"...


Symetra "Hard Sell" vs Allstate "AFEN"

Posted on January 28, 2008
In the past a number of settlement planners, including some of the known "structured settlement factoring vig takers", criticized AFEN (Advanced Funding Exchange Notice), a rider that is included on all structured settllement annuities issued by either Allstate Life Insurance Company or Allstate Life Insurance Company of New York...


The Catch-22 of Longevity

Posted on January 27, 2008
Monday's Insurance Newswire contains a memorable quote from the 2008 Living to 100 Symposium by Steven G. Vernon, FSA, EA, MAAA, producer of The Quest: For Long Life, Health and Prosperity, and president of Rest-of-Life Communications, who said, "There is a 'Catch-22' for individuals as they need to manage their resources for the rest of their lives, yet they don't know how long to expect to live...


Sure Thing Babs!

Posted on January 27, 2008
Barbara Camie states that "Structured settlement refers to a new scheme launched by various banks to put a debt-ridden organization in the right track of revenue generation" in a press release posted on Practical Ecommerce dated January 27, 2008...


New York Court's Structure Brokers Affidavit Stifles Structured Settlement Factoring "Vig" Takers! Bravo New York!

Posted on January 24, 2008
New York is already a tough state on factoring transactions. It seems that the New York judiciary has picked up on the "structured settlement factoring vig" scandal and counter measures are in place. Things will be getting a whole lot tougher...


Is Aggressive Plaintiff Structured Settlement Firm Misleading Its Clients By "Moonlighting" For Defense?

Posted on January 24, 2008
In a DEVELOPING STORY, one structured settlement firm is headed for a MAJOR embarassment for the misleading the tort victims it purports to represents. The author has learned from a reliable source that an aggressive plaintiff firm has started to show up on the defense side of cases...


Symetra Doesn't Really Want To Be In The Structured Settlement Business Do They?

Posted on January 23, 2008
Excuse this very public and deserved "UP YOURS!", but Symetra Life Insurance Company can dump my appointment.  Please don't send any more software updates. And don't call me, I'll call you. After reading the below linked solicitation on Rhonda Bentzen's web site, it's hard to imagine, in my opinion, how ANY legitimate structured settlement broker or settlement planner would want to be associated with the Symetra Life Insurance Company structured settlement program...


Jack Meligan of Settlement Professionals has "Hot Tagged" Me to Promote His Latest Video

Posted on January 23, 2008
Back in my college days when I had a DJ business and was spinning records (yeah records!) I had the knack of picking out which sound was going to work. At the time I dreamed of being an A&R Director (artist & repertoire) for a major label. Well today it seems that Jack Meligan, of Settlement Professionals, Inc...


THEY Said "You Might Do Better Over The Long Term"... That is... IF You Can Survive The Short Term Nightmare NASDAQ 22% off October High, Dow Off 17%, S&P Off 18% in 3 months! The Market Has Wiped Out ALL of 2007 gains! What Are THEY Saying Now?

Posted on January 22, 2008
Say you settled your personal injury case in October 2007 and your financial planner or stock broker brushed off a structured settlement for you or your client because they thought you "could do better over the long term". You did too! It was just announced at 945am on CNBC that the NASDAQ market is down 22% from its October high, with the Dow off 17%, the S&P off 18%...


Deal Flow Media...Are Structured Settlement Industry Insiders Spilling To Them Without Knowing What "Deal Flow" Means?

Posted on January 21, 2008
In my November 27, 2007 post The Truth About The Deal Flow Media Structured Settlements Webinar I exposed the reality of Deal Flow Media's efforts to capture the intellectual capital of the structured settlement industry for the benefit of those in the "deal flow" The definition of deal flow from the Funding Post Venture Capital glossary - Deal flow (dealflow) is the rate at which investment offers are presented to funding institutions...


NSSTA versus the Rogues of Factoring

Posted on January 21, 2008
The fact is that only a few structured settlement brokers and settlement planners, including this author, are making a serious effort to protect the brand against a the roving pack of rogue "hyenas". Those taking the "structured settlment factoring vig" are empowering the hyenas...


These Patriots Aren't Going to Win The Super Bowl... A Tale of Distortion

Posted on January 21, 2008
It's never to early to clear out the "lint trap". Patriot Settlement Resources says  Annuity Settlements can be Sold when in Need"If you receive payments for annuity settlements of any nature, such as structured settlements which are paid as compensation for injury, you might find it particularly frustrating that the money comes in extremely small doses...


JG Wentworth...Mind "The Gap"

Posted on January 20, 2008
Is JG Wentworth misleading the public by stating in its recent advertising that you can call a toll free number and speak to their team of "structured settlement specialists" What key word is missing  from JG Wentworth's  "gap toothed solicitation" to millions of America's tort victims? ...


It's My Money And I (Don't) Need It Now!

Posted on January 16, 2008
Burning the midnight oil here getting ready to fly out to Austin in the morning and lo and behold the new and ubiquitous JG Wentworth commercial is on the telly. Yes, the one where some goofball couch potato gets "aroused" as if Mr. Wentworth were Tony Robbins and stimulates a sequence of other goofballs who yell out "it's my money I need it now"...


Are There Any Fees to A Structured Settlement Annuity?

Posted on January 15, 2008
The above question came up from one of our readers. It is an interesting question because there are no external fees with a structured settlement annuity. Some individuals will evaluate a structured settlement proposal for you and charge a separate external fee, but this will not affect the cost of the structured settlement annuity...


Disclosure of Commissions by New York Licensed Insurance Brokers and Agents

Posted on January 15, 2008
The Office of General Counsel of the New York State Insurance Department issued an opinion on December 12, 2007 which states that for now, at least, New York insurance brokers are not legally required to disclose to clients the commissions they earn on policies they place, according to a new legal opinion released by the state's insurance department"...


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