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This entry was published on 2014-09-22
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SECTION 5-1702
Initial disclosure of structured settlement terms
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 17
§ 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.