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Kentucky Structured Settlement Protection Act Applies To Tort Settlements, Not Workers’ Compensation Settlements, Says Court

Kentucky Structured Settlement Protection Act Applies To Tort Settlements, Not Workers’ Compensation Settlements, Says Court

The Kentucky Supreme Court has rejected an attempt to transfer the rights to future workers’ compensation settlement payments. American Gen. Life Ins. Co. v. DRB Capital, LLC, 2017-SC-000329-DG, 2018 Ky. LEXIS 535 (Ky. Dec. 13, 2018), is the citation for the Kentucky highest court’s opinion in which it held that the Kentucky Structured Settlement Protection Act did not apply to workers’ compensation settlement payments, and therefore the trial court did not have authority to approve a transfer of such payments…

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Kentucky Supreme Court Joins Other State Appeals Courts In Enforcing Contractual Anti-Assignment Provisions In Structured Settlements

Kentucky Supreme Court Joins Other State Appeals Courts In Enforcing Contractual Anti-Assignment Provisions In Structured Settlements

As discussed here, the Kentucky Supreme Court recently held that that state’s structured settlement protection act does not apply to workers’ compensation settlements. In reversing an opinion of an intermediate appellate court, the Kentucky Supreme Court in American Gen. Life Ins. Co. v. DRB Capital, LLC, 2017-SC-000329-DG, 2018 Ky. LEXIS 535 (Ky. Dec. 13, 2018), also extensively discussed anti-assignment provisions in structured settlements.  In concluding that the anti-assignment clauses in the structured settlement agreement, qualified assignment agreement, and annuity contract were…

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