Litigation

Gearing Up For "The Perfect Storm" Or Making Waves In The Kiddie Pool?

Posted on January 14, 2008
The sequel to the "HIPAA Release scare" is Settlement Professionals latest "blog scare" entry on January 11, 2008 warns of a "perfect storm" of tax hell for victims of wrongful termination . Here's what THEY SAY: "The Supreme Court decision in the Banks & Banaitis v...

"Putting Her Bit Through The Springer" Exposes A Whole Lotta Gas and Hot Air

Posted on January 14, 2008
Sovereign Funding Group's David Springer has validated my research that "ANY fee you* charge will impact the best price available to the tort victim on a structured settlement factoring transaction. On SFG's Cash Flow Industry blog David Springer offers a strong counter to Bentzen Funding Solutions Rhonda Bentzen's ludicrous assertion in her December 21, 2007 snort  that "the claimant actually gets more money because of broker commissions" Springer states "where I disagree with Bentzen is when she states in her December 21, 2007 post that ??the referral fee ultimately saves the annuitant money and comes out of my pocket?...

Allstate Goes Retro

Posted on January 14, 2008
The Allstate Structured Settlement Program has gone retro, apparently for strategic business reasons. Until today tort victims who faced a defendant or respondent that was an Allstate insured, who wanted a structured settlement could essentially have the structure placed with any annuity issuer rated A+ (Superior), or better, by AM Best & Company...

Factoring Company Admits That It Has Paid MILLIONS in commissions for referrals in its "Structured Settlement Professionals Program"

Posted on January 14, 2008
Woodbridge Investments, a factoring company out of Studio City, CA, who I covered in One Woodbridge Is Not A Great Vintage! (8/27/2007) is now boasting that it has paid MILLIONS in commissions as part of its "structured settlements professionals program"...

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HIPAA Release Scare Tactics by Settlement Professionals Have No Place on New York Personal Injury Cases

Posted on January 14, 2008
One structured settlement professional has been advertising that it has language to put into a HIPAA Release that purports to limit the distribution of a plaintiff's medical records in such a way to prevent the defendant from obtain rated ages. The purpose of the settlement professional's restricted language, says the settlement professional, is to prevent the defendant from profiting off the plaintiff's loss and also to prevent the defendant from being able to use the rated ages as part of trial testimony to discount the damages and "taint the jury"...

NJ Appelate Division Decision...Parties Agreed to Cash...Cannot THEN Change Terms To Structure Without "Meeting of Minds"

Posted on January 08, 2008
In the matter of Las Impink, a minor by his parent and natural guardian, Shannon Baldi, and Shannon Baldi, individually v David Reynes, Neil B. Reynes and Maria A. Reynes Docket No. A-3448-06Y5 (935 A. 2d 808; 2007 2007 N.J. Lexis 351), the Plaintiff successfully used a Minor?s Compromise hearing to create a structured settlement in a case where Franklin Mutual Insurance Company had agreed only to pay its policy limits in ?cash? in the amount of $300,000...

Are Snoozing Florida Regulators Allowing Pressman Settlements to Skate?

Posted on January 08, 2008
Questions continue concerning Pressman Settlements Corporation having an office and operating a full fledged insurance business in the State of Florida while thumbing her "Darwinian theorist" nose at the snoozing Florida state regulators in Tallahassee...

Medicare Medicaid and SCHIP Extension Act of 2007 Brings Important Ramifications for Insurers

Posted on January 06, 2008
The "Medicare, Medicaid, and SCHIP Extension Act of 2007" was signed into law by President George W. Bush on December 29, 2007. The enactment of this law has ramifications for Liability Insurance, Self Insurance, No Fault Insurance, and Workers' Compensation Insurance programs nationwide...

A Holiday Treat From The Strategic Capital "Gin Mill"?

Posted on January 04, 2008
Received this email from one of our readers in the structured settlement industry "John: Just got a letter from Strat Cap ("Dear XXXX") from its Director of Sales Tom Collins (How ironic!!!) wishing me a happy new year and telling me that if I have bills from the holidays, Strat-Cap will be happy to give me "options for today while keeping an eye on tomorrow...

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