State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1702

§  5-1702.  Initial  disclosure  of  structured  settlement  terms. In  negotiating a structured settlement of claims brought by or on behalf of  a claimant who is domiciled in this state, the defendant or  defendant's  legal  representative  shall  disclose in writing to the claimant or the  claimant's legal representative all of the following information that is  not otherwise specified in the structured settlement agreement:    (a) the amounts and due dates of the  periodic  payments  to  be  made  under  the structured settlement agreement. In the case of payments that  will be subject to periodic percentage increases, the amounts of  future  payments  may  be  disclosed by identifying the base payment amount, the  amount and timing of  scheduled  increases,  and  the  manner  in  which  increases will be compounded;    (b) the amount of the premium payable to the annuity issuer;    (c) the nature and amount of any cost that may be deducted from any of  the periodic payments;    (d)  where  applicable,  that any transfer of the periodic payments is  prohibited by the terms of the structured settlement and  may  otherwise  be prohibited or restricted under applicable law; and    (e)  a  statement  that  the claimant is advised to obtain independent  professional  advice  relating  to  the   legal,   tax   and   financial  implications  of  the settlement, including any adverse consequences and  that the defendant or defendant's legal representative may not refer any  advisor, attorney or firm for such purpose.

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1702

§  5-1702.  Initial  disclosure  of  structured  settlement  terms. In  negotiating a structured settlement of claims brought by or on behalf of  a claimant who is domiciled in this state, the defendant or  defendant's  legal  representative  shall  disclose in writing to the claimant or the  claimant's legal representative all of the following information that is  not otherwise specified in the structured settlement agreement:    (a) the amounts and due dates of the  periodic  payments  to  be  made  under  the structured settlement agreement. In the case of payments that  will be subject to periodic percentage increases, the amounts of  future  payments  may  be  disclosed by identifying the base payment amount, the  amount and timing of  scheduled  increases,  and  the  manner  in  which  increases will be compounded;    (b) the amount of the premium payable to the annuity issuer;    (c) the nature and amount of any cost that may be deducted from any of  the periodic payments;    (d)  where  applicable,  that any transfer of the periodic payments is  prohibited by the terms of the structured settlement and  may  otherwise  be prohibited or restricted under applicable law; and    (e)  a  statement  that  the claimant is advised to obtain independent  professional  advice  relating  to  the   legal,   tax   and   financial  implications  of  the settlement, including any adverse consequences and  that the defendant or defendant's legal representative may not refer any  advisor, attorney or firm for such purpose.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gob > Article-5 > Title-17 > 5-1702

§  5-1702.  Initial  disclosure  of  structured  settlement  terms. In  negotiating a structured settlement of claims brought by or on behalf of  a claimant who is domiciled in this state, the defendant or  defendant's  legal  representative  shall  disclose in writing to the claimant or the  claimant's legal representative all of the following information that is  not otherwise specified in the structured settlement agreement:    (a) the amounts and due dates of the  periodic  payments  to  be  made  under  the structured settlement agreement. In the case of payments that  will be subject to periodic percentage increases, the amounts of  future  payments  may  be  disclosed by identifying the base payment amount, the  amount and timing of  scheduled  increases,  and  the  manner  in  which  increases will be compounded;    (b) the amount of the premium payable to the annuity issuer;    (c) the nature and amount of any cost that may be deducted from any of  the periodic payments;    (d)  where  applicable,  that any transfer of the periodic payments is  prohibited by the terms of the structured settlement and  may  otherwise  be prohibited or restricted under applicable law; and    (e)  a  statement  that  the claimant is advised to obtain independent  professional  advice  relating  to  the   legal,   tax   and   financial  implications  of  the settlement, including any adverse consequences and  that the defendant or defendant's legal representative may not refer any  advisor, attorney or firm for such purpose.