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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
______________________________________
IN THE MATTER OF THE CLAIM OF
KEVIN CUMMINGS, as father and natural guardian
of C.C., an Infant
Claimants ORDER FOR INFANT
SETTLEMENT
-vs-
ANDREW DeWOLF Index No.
TAMESHA DeWOLF
Respondents
_______________________________________
Claimants having moved this court for an order approving the instant infant
settlement the funding of a structured settlement all for the infant plaintiff,
including
C.C.;
Upon reading and filing the notice of motion dated December 14, 2023, the
affirmation of Stephen R. Foley, Esq., dated December 14, 2023, and the petition of
Kevin Cummings, dated November 30, 2023;
Upon hearing Stephen R. Foley LLC (Stephen R. Foley, Esq.) in support of said
motion, and there being no opposition from counsel for respondents;
it is hereby
ORDERED that the court has approved the infant settlement; and it is further
ORDERED that the proposed settlement consisting of up front cash and future
periodic payments with a total present cash cost in the sum of THREE HUNDRED ONE
THOUSAND DOLLARS ($301,000.oo) in future periodic payments and upfront cash to
Andrew DeWolf ("Respondent") and his insurer, Allstate Vehicle and Property
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Insurance Company ("Insurer"), is hereby approved and that Kevin Cummings, as
Parent and Legal Guardian of C.C., a Minor, is hereby authorized to enter into a
compromise of the Minor's cause of action upon the following terms; and it is further
ORDERED that Kevin Cummings, as parent and natural guardian of C.C., a
minor, be and hereby is authorized, empowered, and directed to sign, execute,
acknowledge and deliver any and all releases, stipulations and other documents
necessary to effectuate such settlement; and it is further
ORDERED that Insurer, Allstate Vehicle and Property Insurance Company,
shall pay upfront cash in the amount of $101,000.oo to Stephen R. Foley LLC be
disbursed as follows:
(a) $100,000.00 payable to Stephen R. Foley LLC, as payment of reasonable
attorney's fees and disbursements and $1,000 payable to Kevin Cummings for
reimbursement for medical expenses; and it is further
ORDERED that Insurer, Allstate Vehicle and Property Insurance Company, on
behalf of the Respondent, shall make future periodic payment(s) in the following
amounts on the following dates:
To C.C. ("Payee"):
(a) $1,248.67 for life, payable monthly, guaranteed for 40 years which is 480
payments, beginning on 11/17/2033, with the last guaranteed payment on 10/17/2073·
(Current cash cost to Allstate Vehicle and Property Insurance Company to
fund future periodic payments shall not exceed $200,000.0o)
and it is further
ORDERED that any delay in funding the annuity may result inadelay of the
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payment dates or change in payment amounts that shall be recorded in the settlement
agreement and release, qualified assignment document and annuity contract without the
need of obtaining an amended Petition/Court Order/New Infants Compromise Order,
up to 180 days after original purchase date; and it is further
ORDERED that Insurer, Allstate Vehicle and Property Insurance Company,
assignment"
shall execute a "qualified in compliance with IRC 104(a)(2) and Section 130
of the Internal Revenue Code of 1986, as amended, to MetLife Assignment Company,
Inc. ("Assignee") of Insurer's future periodic payment obligations. When such an
assignment is made, MetLife Assignment Company, Inc. shall fund its obligation for
such Periodic Payments by the purchase of an annuity contract issued by Metropolitan
Tower Life Insurance Company, an A+ rated life carrier by the independent rating
service, A.M. Best Co. licensed to do business in the State of New York, which annuity
shall be owned by Metropolitan Tower Life Insurance Company, pursuant to Internal
Revenue Code Section 13o(d). In accordance with the terms of said assignment, MetLife
Assignment Company, Inc. shall be substituted as obligor of such payments for Insurer,
Allstate Vehicle and Property Insurance Company, which shall be released from any
further obligation to make said future Periodic Payments. Metropolitan Tower Life
Insurance Company shall guarantee the payment obligations of MetLife Assignment
Company, Inc.; and it is further
ORDERED that in the event of the death of Payee, C.C., all guaranteed non-life
contingent payments specified in the paragraph above to be made by Assignee that have
not been paid as of the date of C.C.'s death shall be paid to the Estate of C.C., or to
anyone she may so designate upon attaining the age of majority; and it is further
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ORDERED that none of the future Periodic Payments (including the Claimant's
or any Payee's right to such payments), or any portion thereof, may be accelerated,
deferred, increased or decreased, anticipated, sold, assigned, pledged or encumbered by
the Claimant or any Payee (or by any other person who becomes a recipient of Periodic
Payments pursuant to the terms of the Qualified Assignment, Release and Pledge
Agreement or by operation of law), except as authorized pursuant to a qualified order
under Section 5891 of the Internal Revenue Code. Furthermore, any attempt to sell,
transfer, or assign any part of the settlement on behalf of the Payee, C.C., shall require a
showing of extreme, unforeseen and uncontemplated financial hardship before the
Court, in addition to such other and further requirements as may be imposed under the
laws of the State of New York, or such similar provisions as may be promulgated in the
future as this Court having determined that a structured settlement is in the best
interest of the minor Claimant, C.C.; and it is further
ORDERED that Insurer, Allstate Vehicle and Property Insurance Company,
shall timely forthwith fund the Periodic Payment obligations by issuing checks or drafts
made payable to MetLife Assignment Company, Inc. in the total sum of $200,000.00;
and it is further
ORDERED that no part of the sum being paid by Insurer, Allstate Vehicle and
Property Insurance Company, to provide future Periodic Payments as set forth in this
Order may be paid directly to Claimant or any Payee, and that said periodic payments
constitute damages on account of physical injury or physical sickness in a case involving
physical injury or physical sickness within the meaning of Section 104(a)(2) and Section
130(c) of the Internal Revenue Code of 1986; and it is further
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ORDERED that all parties shall cooperate fully and execute any and all
supplementary documents and to take all additional actions which may be necessary or
appropriate to give full force and effect to the basic terms and intent of this settlement,
including but not limited to the necessary structured settlement documentation; and it
is further
ORDERED that upon making and receipt of all of the payments above directed
in compliance with this Order, as well as the assignment to MetLife Assignment
Company, Inc., as set forth above, the above captioned Respondents and the Insurer
shall then be completely and irrevocably discharged from any and all responsibility as to
the causes of action set forth in this action; and it is further
ORDERED that the filing of a bond pursuant to CPLR Rule 1210 is dispensed
with.
Hon. Paula L. Feroleto
GRANTED:
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Preview
STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ______________________________________ IN THE MATTER OF THE CLAIM OF KEVIN CUMMINGS, as father and natural guardian of C.C., an Infant Claimants ORDER FOR INFANT SETTLEMENT -vs- ANDREW DeWOLF Index No. TAMESHA DeWOLF Respondents _______________________________________ Claimants having moved this court for an order approving the instant infant settlement the funding of a structured settlement all for the infant plaintiff, including C.C.; Upon reading and filing the notice of motion dated December 14, 2023, the affirmation of Stephen R. Foley, Esq., dated December 14, 2023, and the petition of Kevin Cummings, dated November 30, 2023; Upon hearing Stephen R. Foley LLC (Stephen R. Foley, Esq.) in support of said motion, and there being no opposition from counsel for respondents; it is hereby ORDERED that the court has approved the infant settlement; and it is further ORDERED that the proposed settlement consisting of up front cash and future periodic payments with a total present cash cost in the sum of THREE HUNDRED ONE THOUSAND DOLLARS ($301,000.oo) in future periodic payments and upfront cash to Andrew DeWolf ("Respondent") and his insurer, Allstate Vehicle and Property -1- Insurance Company ("Insurer"), is hereby approved and that Kevin Cummings, as Parent and Legal Guardian of C.C., a Minor, is hereby authorized to enter into a compromise of the Minor's cause of action upon the following terms; and it is further ORDERED that Kevin Cummings, as parent and natural guardian of C.C., a minor, be and hereby is authorized, empowered, and directed to sign, execute, acknowledge and deliver any and all releases, stipulations and other documents necessary to effectuate such settlement; and it is further ORDERED that Insurer, Allstate Vehicle and Property Insurance Company, shall pay upfront cash in the amount of $101,000.oo to Stephen R. Foley LLC be disbursed as follows: (a) $100,000.00 payable to Stephen R. Foley LLC, as payment of reasonable attorney's fees and disbursements and $1,000 payable to Kevin Cummings for reimbursement for medical expenses; and it is further ORDERED that Insurer, Allstate Vehicle and Property Insurance Company, on behalf of the Respondent, shall make future periodic payment(s) in the following amounts on the following dates: To C.C. ("Payee"): (a) $1,248.67 for life, payable monthly, guaranteed for 40 years which is 480 payments, beginning on 11/17/2033, with the last guaranteed payment on 10/17/2073· (Current cash cost to Allstate Vehicle and Property Insurance Company to fund future periodic payments shall not exceed $200,000.0o) and it is further ORDERED that any delay in funding the annuity may result inadelay of the -2- payment dates or change in payment amounts that shall be recorded in the settlement agreement and release, qualified assignment document and annuity contract without the need of obtaining an amended Petition/Court Order/New Infants Compromise Order, up to 180 days after original purchase date; and it is further ORDERED that Insurer, Allstate Vehicle and Property Insurance Company, assignment" shall execute a "qualified in compliance with IRC 104(a)(2) and Section 130 of the Internal Revenue Code of 1986, as amended, to MetLife Assignment Company, Inc. ("Assignee") of Insurer's future periodic payment obligations. When such an assignment is made, MetLife Assignment Company, Inc. shall fund its obligation for such Periodic Payments by the purchase of an annuity contract issued by Metropolitan Tower Life Insurance Company, an A+ rated life carrier by the independent rating service, A.M. Best Co. licensed to do business in the State of New York, which annuity shall be owned by Metropolitan Tower Life Insurance Company, pursuant to Internal Revenue Code Section 13o(d). In accordance with the terms of said assignment, MetLife Assignment Company, Inc. shall be substituted as obligor of such payments for Insurer, Allstate Vehicle and Property Insurance Company, which shall be released from any further obligation to make said future Periodic Payments. Metropolitan Tower Life Insurance Company shall guarantee the payment obligations of MetLife Assignment Company, Inc.; and it is further ORDERED that in the event of the death of Payee, C.C., all guaranteed non-life contingent payments specified in the paragraph above to be made by Assignee that have not been paid as of the date of C.C.'s death shall be paid to the Estate of C.C., or to anyone she may so designate upon attaining the age of majority; and it is further -3- ORDERED that none of the future Periodic Payments (including the Claimant's or any Payee's right to such payments), or any portion thereof, may be accelerated, deferred, increased or decreased, anticipated, sold, assigned, pledged or encumbered by the Claimant or any Payee (or by any other person who becomes a recipient of Periodic Payments pursuant to the terms of the Qualified Assignment, Release and Pledge Agreement or by operation of law), except as authorized pursuant to a qualified order under Section 5891 of the Internal Revenue Code. Furthermore, any attempt to sell, transfer, or assign any part of the settlement on behalf of the Payee, C.C., shall require a showing of extreme, unforeseen and uncontemplated financial hardship before the Court, in addition to such other and further requirements as may be imposed under the laws of the State of New York, or such similar provisions as may be promulgated in the future as this Court having determined that a structured settlement is in the best interest of the minor Claimant, C.C.; and it is further ORDERED that Insurer, Allstate Vehicle and Property Insurance Company, shall timely forthwith fund the Periodic Payment obligations by issuing checks or drafts made payable to MetLife Assignment Company, Inc. in the total sum of $200,000.00; and it is further ORDERED that no part of the sum being paid by Insurer, Allstate Vehicle and Property Insurance Company, to provide future Periodic Payments as set forth in this Order may be paid directly to Claimant or any Payee, and that said periodic payments constitute damages on account of physical injury or physical sickness in a case involving physical injury or physical sickness within the meaning of Section 104(a)(2) and Section 130(c) of the Internal Revenue Code of 1986; and it is further -4- ORDERED that all parties shall cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this settlement, including but not limited to the necessary structured settlement documentation; and it is further ORDERED that upon making and receipt of all of the payments above directed in compliance with this Order, as well as the assignment to MetLife Assignment Company, Inc., as set forth above, the above captioned Respondents and the Insurer shall then be completely and irrevocably discharged from any and all responsibility as to the causes of action set forth in this action; and it is further ORDERED that the filing of a bond pursuant to CPLR Rule 1210 is dispensed with. Hon. Paula L. Feroleto GRANTED: -5-