What is a Qualified Assignment?
Under Section 130 of the IRC the defendant or casualty company can assign ownership of the funding assets (as well as the liability to make future payments) to a “Qualified Assignee”. Once this is done the defendant and casualty company are out of the case with the same result as in a cash lump sum settlement. This is legally called a “novation”.
The defendant or its insurer may transfer the obligation to make future payments through a “qualified assignment” to a financially secure and experienced institution – a life insurance company, for example. The assignment provides the injury victim with strong financial security, and the defendant can close its books on the case. This process relieves the defendant of further responsibility for the payments and transfers the administration and record-keeping responsibilities. The assignment company specializes in these activities and may offer additional financial security to the claimant.
