Wash. Rev. Code » Title 19 · Chapter 19.205

Wash. Rev. Code § 19.205.040

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Following a transfer of structured settlement payment rights under this chapter:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;
(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two, or more, transferees or assignees; and
(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
[ 2001 c 178 s 5.]
Notes of Decisions
Cited in 6 cases, 2006–2015 · leading case: Rapid Settlements, Ltd. v. Symetra Life Insurance
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Rapid Settlements, Ltd. v. Symetra Life Insurance (2006) washctapp · cites it 5× “’ ” 4 ¶8 Symetra’s attorney fees claim is based on RCW 19.205.040, which states: Posttransfer of rights—Liabilities—Requirements.”
In re Rapid Settlements, LTD's Application for Approval of Transfer (2015) washctapp · cites it 2× “arising as a consequence of the transferee’s failure to comply with this chapter.”
Symetra Life Insurance v. Rapid Settlements, Ltd. (2014) ca5 · cites it 2× “004(1); Wash. Rev.Code § 19.205.030(1). If a factor fails to comply with these provisions, it is liable for any costs, including attorneys’ fees, “arising as a consequence” of its noncompliance.”
Rapid Settlements Ltd's v. Symetra Assigned Benefits Service Co. (2006) washctapp · cites it 4× “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable "for any taxes incurred" by the obligor (here, Symetra) as a result of the transfer.”
RSL-3B-IL, Ltd. v. Symetra Life Insurance (2012) washctapp “Symetra *688 then successfully petitioned under RCW 19.205.040 for attorney fees and costs, receiving $7,927.”
Dean v. Symetra Assigned Benefits Service Co. (2006) washctapp · cites it 4× “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable “for any taxes incurred” by the obligor (here, Symetra) as a result of the transfer.”
— Wash. Rev. Code § 19.205.040(2) — 3 cases
In re Rapid Settlements, LTD's Application for Approval of Transfer (2015) washctapp “arising as a consequence of the transferee’s failure to comply with this chapter.”
Rapid Settlements Ltd's v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable "for any taxes incurred" by the obligor (here, Symetra) as a result of the transfer.”
Dean v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable “for any taxes incurred” by the obligor (here, Symetra) as a result of the transfer.”
— Wash. Rev. Code § 19.205.040(2)(a) — 2 cases
Rapid Settlements Ltd's v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable "for any taxes incurred" by the obligor (here, Symetra) as a result of the transfer.”
Dean v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable “for any taxes incurred” by the obligor (here, Symetra) as a result of the transfer.”
— Wash. Rev. Code § 19.205.040(2)(b) — 5 cases
Rapid Settlements, Ltd. v. Symetra Life Insurance (2006) washctapp “’ ” 4 ¶8 Symetra’s attorney fees claim is based on RCW 19.205.040, which states: Posttransfer of rights—Liabilities—Requirements.”
Symetra Life Insurance v. Rapid Settlements, Ltd. (2014) ca5 “004(1); Wash. Rev.Code § 19.205.030(1). If a factor fails to comply with these provisions, it is liable for any costs, including attorneys’ fees, “arising as a consequence” of its noncompliance.”
In re Rapid Settlements, LTD's Application for Approval of Transfer (2015) washctapp “arising as a consequence of the transferee’s failure to comply with this chapter.”
Rapid Settlements Ltd's v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable "for any taxes incurred" by the obligor (here, Symetra) as a result of the transfer.”
Dean v. Symetra Assigned Benefits Service Co. (2006) washctapp “RCW 19.205.040(2). First, if the transfer violates the terms of the structured settlement, the transferee is liable “for any taxes incurred” by the obligor (here, Symetra) as a result of the transfer.”
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