This week provided a great example of why an injured plaintiff and their attorney should ALWAYS utilize their own consultant when contemplating the use of a structured settlement. Our client was the victim of a horrific sexual assault and as part of her ultimate settlement package, a structured settlement was included. One of the liability carriers, a member of the Chartis Insurance family, and their brokerage firm representative, Atlas Settlements, would only agree to fund the annuity through an “approved list” of annuity providers. Approved lists are common in the industry and are somewhat understandable if the list is tied directly to a minimum financial rating, such as “A+” by A.M. Best.
However, the list our client had to choose from was a nonsensical group of companies that included “A”, “A+”, and “A++” rated entities. After working with the client and her advisors to create a plan for her financial future, Delta Settlements was able to obtain the best return with a well-known “A+” rated insurance company; a company that was not approved by Chartis. It was not enough that our client had suffered traumatic injuries to begin with, but now was getting denied a 15% higher return by Chartis as part of the claim resolution. As an advocate for innocent victims like our client, this was unacceptable to us. We pushed back and ultimately gained approval. If Delta Settlements had not been retained to consult on this case, this victim would have been inevitably victimized again.
If you are thinking about including a structured settlement as part of your settlement terms, please contact us for a full market survey so that you are not taken advantage of by the likes of Chartis and other liability insurers.
