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ARTICLE · 03 OCTOBER 2015

RSL Funding, LLC v. Alford

Although such authorities are persuasive rather than mandatory precedent, we agree with their reasoning and conclusions.

United StatesInsurance

(Trial Court’s Order to Divide Structured Settlement Payments Over Insurer’s Objection Violates the Structured Settlement Protection Act)

In RSL Funding, LLC v. Alford, 239 Cal. App. 4th 741 (August 18, 2015), the California Court of Appeal reversed the “trial court’s approval of an order directing the transfer of structured settlement payments to plaintiff and respondent RSL Funding, LLC (RSL).

Defendant Felicia Alford, then a minor, entered into a settlement in 1994 (by her guardians) for her personal injury claim against State Farm’s insureds. A court order approved the settlement, which directed State Farm to provide an annuity with specified structured payments to Ms. Alford ($10,000 annually from August 11, 2003 through August 11, 2006; $50,000 on August 11, 2009; $100,000 on August 11, 2016; and $151,558.80 on August 11, 2021).

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