i-law

Litigation Letter

The death of with-profits structured settlements

The only two life offices offering with-profit structured settlement annuities, Windsor Life and NFU Mutual, have effectively now closed their books to new structured settlement business of any kind, not just with-profits. For the time being at least, this means that only (retail price) index-linked or level (no increases) structured settlement annuities will be available. Therefore, in settlements where quantum is agreed in principle, before considering a structure, claimants (and the courts in cases requiring approval) will need to be sure that the higher cost of structuring part of the damages is justified in their particular case. This process should always include consideration of other financial products that may be better suited to their needs.

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