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NY S08072

Bill

Status

Introduced

6/4/2010

Primary Sponsor

Eric Schneiderman

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Creates a "claimant's structured settlement broker" definition as a person appointed by a claimant or their legal representative to represent their interests in acquiring a funding mechanism or annuity policy for structured settlement agreements

  • Requires claimant's attorney or court to advise claimants in bold print of their right to secure a structured settlement broker whenever a structured settlement offer is made

  • Mandates that no funding mechanism or annuity policy may be approved unless the claimant's broker has been notified of all agreement details, provided copies of contracts and policies, and has approved all terms as being in the claimant's best interest

  • Prohibits defendants and insurers from refusing to enter structured settlement agreements solely because a claimant is represented by a claimant's structured settlement broker

  • Establishes that the claimant's broker's fee shall be paid from the standard commission paid by the annuity issuer rather than as an additional charge to the claimant, with the broker entitled to one-half of total statutory commission if no other agreement is reached

  • Takes effect thirty days after enactment and applies to structured settlement agreements entered into on and after that date

Legislative Description

Provides that a claimant shall have a claimant's structured settlement broker to objectively review the terms of the agreement and ensure that they are in the best interests of the claimant.

Last Action

ORDERED TO THIRD READING CAL.1353

6/29/2010

Committee Referrals

Rules6/29/2010
Judiciary6/4/2010

Full Bill Text

No bill text available