Section 35 Structured Settlements

• Library: Damages 2012

With the advent of structured settlements funded by annuities, the trial court must also determine not only the applicability but also the amount of any offset, which most likely will be its present value at the time the settlement was reached. See, e.g., Brickner v. Normandy Osteopathic Hosp., Inc., 687 S.W.2d 910 (Mo. App. E.D. 1985). But present value and cost are not synonymous, and those figures may not be conveyed to the settling plaintiff for fear of constructive receipt, which in turn might...