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Conflict Affidavit

Planners /brokers with ties to insurance companies can often become ensnared in conflicts of interest, leading them to subvert the interest of the claimant to that of themselves or their affiliated life insurance company. To combat this issue, we have put together a Conflict Affidavit. This affidavit swears to the following:

1. Affiant will quote every insurance company rated AM Best A+ or better offering structured settlements and not just those on a defense or defense casualty company's approved list
2. Affiant will use a full market survey to identify companies with the best rates and ratings. This will allow the claimant and the claimant's attorney to have full information to make decisions with regard to settlement and funding sources.
3. Affiant will not restrict its offering to an insurer affiliated with a defendant's casualty company or offer a right of first refusal to such an affiliate. Whenever such restrictions or right of last refusal are sought to be imposed by anyone, it will be disclosed to the claimant or the claimant's attorney.
4. Affiant will ensure that the benefit of any jumbo-rate discount, daily rate discount or other discount received is passing on to the claimant and not to the defense or its casualty carrier.
5. Affiant will not submit or resubmit medical underwriting to any insurer following the disclosure of rates unless all savings are passed to the claimant.
6. Affiant will not rebate or share any commission received from placement of the structured settlement annuity with the defendant or any of defendant's casualty carriers. Affiant further expresses that any form of remuneration to defendant or defendant's casualty company whether described as service or administrative fees or any other such lamely disguised term is a rebate prohibited by this representation.
7. Affiant will not recommend a switch from one annuity carrier to another, unless all of the benefits of this switch inure to the exclusive benefit of the claimant.
8. Affiant will not sign a co-brokering agreement with another broker without disclosure to the claimant or to the claimant's attorney. Said disclosure shall include any and all constraints, conditions and conflicts whether explicit or implied related to any co-brokering agreement.
9. Affiant has no affiliation with the defendant or any casualty carrier of the defendant.
10. Affiant agrees to be held to the Standards of Professional Conduct for Settlement Planners.
11. Affiant will maintain adequate errors and omissions insurance and agrees not to be released from liability in the settlement agreement.
12. Affiant will always disclose the true cost of any structured settlement annuity and never explicitly or implicitly misrepresent the present value of a structured settlement annuity and will actively work to prevent and expose misrepresentations of others.