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EQC Claim Advice
We purchased our house in 2021 from someone who never had the deed of assignment transferred, as they were intending on developing the property. Because of this, we never had the deed of assignment transferred to us.
The house had all its EQC repairs completed, bar some minor cosmetic repairs. We had our drains CCTV'd recently to discover they were completely damaged as a result of the earthquake.
Can we open a new claim for the damaged drains despite not having the deed of assignment?
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Assigning your EQC Claim
As the years from the Canterbury Earthquakes have passed, more and more homeowners are have reached settlement with their insurers and have completed repairs or rebuilds. As part of this process, an insurer will seek an assignment of the EQC payments a homeowner has received in relation to earthquake damage. It may be that a homeowner has received more than one payment from EQC, for claims relating to the September 2010, February 2011, and June 2011 earthquakes. An insurer will expect, prior to undertaking repairs, the homeowner to assign and transfer those payments to it in order to contribute to the costs it will incur in repairing or rebuilding the property.
A homeowner will be provided with a Deed of Assignment of EQC Claim. This document is a formal deed which includes a number of warranties. It provides the insurer with the right to receive a transfer of homeowner’s EQC payment and any other benefit accruing under the EQC claim.
There are some points a homeowner should consider before making an assignment:
(a) Many insurers have asked for an assignment somewhat prematurely:
- Often, a scope for repairs has not yet been agreed. There may be a dispute about the appropriate level of repair relative to the extent of the damage suffered to the property. In this respect, an insurer is not entitled to an assignment of the EQC monies until such time as the scope adequately captures all the damage, and the appropriate level of cost have been allocated to each repair element. If the matter is still in dispute, then you should not assign those monies.
- The assignment and transfer of money to the insurer is not necessary until around the time the insurer has called for contractor tenders or has appointed a lead contractor to manage the repairs.
(b) A Deed of Assignment should only seek to transfer payments a homeowner has received in relation to the “Residential Building”:
- An issue that can arise is where an insurer seeks to have a homeowner assign the EQC monies received in relation to their “land claim”. Given the uncertainty around unknowns such as Increased Flooding Vulnerability (resulting in potentially having to raise floor levels if major works are being undertaken now or in the future); unknown soil composition and other subsurface layers of your land; and potential rezoning issues under the (draft) Replacement District Plan, it is important that a homeowner does not assign the land claim to their insurer without first seeking advice.
- As a homeowner, you pay a premium to an insurer to insure your house, outbuildings, hard landscaping, and other items such as pools. In these circumstances, and in these policy types, you do not pay for cover for the land. The corollary to that is your insurer is not entitled to payments you receive in relation to your land.
- An exception may arise only where the insurer will be undertaking significant ground remediation. In that respect, they may be entitled to claim the EQC “land claim” payment from the homeowner. But the caution is that it is only appropriate when the scope for repairs or rebuild calls for significant ground remediation and/or enhanced foundation replacement.
If you are uncertain as to whether your insurance company is going to undertake these types of work to your property while it managing your repair, we strongly recommend seeking professional advice in relation to your scope. It is also appropriate to have any Deed of Assignment reviewed by your solicitor, whether it assigns your “Residential Building” or your “land claim payments” from EQC. This is particularly important given the uncertainty as to where responsibility lies between EQC, Council and the insurers to remediate land.
The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
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Assignment of insurance for homes affected by severe weather
A couple’s home was severely damaged by storm. Their circumstances changed which meant they had to sell the property before the repairs could be carried out.
They engaged a real estate agent and disclosed the issue, but purchasers were very nervous about making offers as they were not sure how the process of taking over the claims would work.
Ideally, vendors should be repairing their properties before they put them on the market. However, this may not always be possible due to time and resource constraints associated with assessing the damages and repairing the property.
If vendors are selling their property before, or while the repairs are being carried out, they need to be cautious about any representations that they are making about the property. They should also be aware of what insurance rights they can or cannot assign to a purchaser.
Purchasers wishing to purchase a property which has been subject to Toka Tū Ake EQC (“EQC”) or insurance claims need to ensure that they are carrying out their due diligence, and check what insurance rights can be assigned to them as purchaser.
Assignment of insurance
EQC will allow the assignment of insurance claims from vendor to purchaser as a right as the insurance is connected to the land, rather than the individual owning the property.
On the other hand, private insurance policies are connected to the owner and usually include a clause prohibiting the assignment of insurance. Private insurers will consider any request for assignment of a policy on a case-by-case basis.
An assignment can become complicated where properties have both an EQC and private insurance claim, especially in situations where the EQC cap has been exceeded for the property.
Agreement for Sale and Purchase and Deed of Assignment
Where a purchaser wishes to take over the vendor’s EQC and/or private insurance claims, then the Agreement for Sale and Purchase will need to include a clause which states that the Agreement is subject to the confirmation that the assignment of insurance is possible within a stated timeframe, and that the parties will agree to the terms of assignment.
The parties should take into account the following in the Agreement:
- any insurance payments the vendor has received from EQC and/or their private insurer which have not yet been applied to any repairs on the property;
- any repairs carried out by a vendor which have not been claimed under EQC and/or the vendor’s private insurer;
- whether any residual insurance rights should be assigned where a home has already been repaired. This gives the purchaser the right to re-open an existing claim if the repair work is incomplete or did not cover the full scope of damage; and
- where a property has been bought and on-sold, that there is a continuous chain of any deeds of assignment of insurance to provide the purchaser with residual rights.
Difficulties can arise if the purchaser tries to re-open an existing claim which exceeds the EQC cap as the purchaser will not have a right of recourse against the vendor’s private insurer. Purchasers should therefore carry out thorough pre-settlement building inspections to reduce their chances of future loss.
To assign EQC or private insurance claims a Deed of Assignment will need to be entered into between the vendor and purchaser. Your experienced property lawyer will be able to provide you with the right advice and a suitable Deed.
Vendors and purchasers should always receive legal advice from a legal professional before buying or selling a property to ensure that they are fully aware of their rights and responsibilities.
Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are. At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.
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Assigning an EQC Claim
Have you bought or sold a house in Christchurch since February 2011? It’s unfortunate that ten years on from the devastating Canterbury Earthquakes, we are still dealing with the long-term damage to land, property and lives.
How did we get here?
In case you need a reminder, there was so much damage to be repaired in the wake of February 2011 it was difficult to see how it could all get done. Tradespeople from around New Zealand and the world flocked to Christchurch to lend a hand and their expertise to fix homes and make them livable again. Sadly, some people viewed Christchurch’s tragedy as a ‘get rich quick’ scheme and did not put in the time and effort to ensure their repair jobs were completed properly.
Ten years later, many in Christchurch are still fighting to have their homes repaired, or to have original ‘repairs’ to their homes fixed. It’s vital that if you’re buying property in Christchurch, you have any outstanding EQC claims transferred to you.
Still dealing with earthquake damage?
When an EQC claim is assigned or transferred, you as the new owner do not have the same entitlements as the previous owner. Importantly, if earthquake damage has been missed or repairs were not up to standard, having the original EQC claim assigned to you will allow you to reopen a claim.
If a property has been sold without the EQC claim being assigned, the new owner gets none of the benefits from the claim.
Since the earthquakes, the conveyancing team at Godfreys Law has helped many Cantabrians buy and sell property, and assisted them with managing EQC claims and paperwork. A respected local builder who has repaired many houses since 2011 passed on this story about the importance of assigning EQC claims with property transactions.
Case study: Check your EQC claim is assigned to you
The builder’s client was living in Unit One of a two unit flat with a shared wall, and had bought the unit in 2017. On discovering new cracks around the foundation and an increasingly uneven floor, the owner of Unit One engaged the builder and an engineer to see if the new damage was the result of a substandard repair. The builder and engineer both concluded that the original repairs were substandard, which is when EQC asked to see the assigned claim for Unit One.
After going through the conveyancing paperwork, Unit One’s owner couldn’t find the assigned claim. They went to the previous owner, who also hadn’t had the claim assigned. Neither person could track down the original property owner and claim holder from 2011, and the conveyancing lawyer who handled that transaction had since passed away. While EQC agreed with the builder’s and engineer’s findings, as the current owner of Unit One had not had the EQC claim assigned to them, EQC were under no obligation to fix the substandard repairs.
Thankfully this story has a happy ending. The adjoining unit owner in Unit Two had been living there since 2011 and held the original EQC claim. An assessment of their property showed they had the same foundation and floor level issues as their neighbour. In order to properly fix the foundation and floor levels of Unit Two, the entire structure needed its floors and foundations repaired. As the two units shared a wall, foundations and floor, Unit One was brought into the scope of works under Unit Two’s EQC claim.
What you need to know before you buy
Before you buy your next property in Christchurch, ask:
- Is there an existing EQC claim on the property?;
- Have funds settled by EQC with a previous owner been used to do the repairs?;
- Are there any quality issues or substandard repairs on work originally undertaken by EQC to settle the claim, or any missed earthquake damage still needing reinstatement?;
- Is there any pre-existing damage to the property not related to a natural disaster?
If you’re not sure about the answers to any of these questions, let us know. As part of our property conveyancing due diligence, we can highlight any of these red flags for you. We can also add a clause to the sales and purchase agreement to make sure you’re assigned the EQC claim for your new property.
Transferring EQC claims has become standard in Christchurch when transferring ownership of property, but sadly some people are still getting caught out. Have you bought a house in Christchurch since 2011 and you’re unsure whether the EQC claim has been assigned to you? Do you have questions about earthquake damage or substandard repairs, and want to know as much as you can about your next property? Contact Godfreys Law on 03 344 7469 to talk to one of our property conveyancing team.
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Buying a house after a natural disaster
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Damage checks, repairs, insurance claims. How to assess risks in an area affected by earthquakes, floods or other natural disasters.
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Know the house before you love the house. To avoid costly surprises down the track, it's a good idea to be thorough when considering buying property in a post-disaster area.
Buying a home anywhere requires some checks to give you confidence you're doing the right thing. In a known disaster-affected area, it's especially important to be aware of any potential issues or hazards with a house or area before you commit to buying.
Understand the impact of natural hazards - Understanding the impact of natural hazards | Settled.govt.nz (external link)
Many homes are repaired carefully following natural disasters like earthquake, flood, or landslips. But not all properties are sure to be a safe, sensible purchase.
Extra money, extra help
Anyone considering buying a house in an area affected by natural disaster should:
Budget for extra due diligence: Plan to spend more time and money assessing the condition of a house than you otherwise would.
You still need to do the basics, eg commission a builder's report, read the LIM report. But to learn about potential damage and repairs, and generally have peace of mind, you'll need to consult with experts.
The cost of extra checks can feel frustrating, but budgeting for these is better than finding out later you have an unsafe home.
Hire a building surveyor: Choose a registered expert with knowledge of structural damage and repairs.
Find a registered building surveyor (external link) — New Zealand Institute of Building Surveyors
Get independent legal advice: Talk to a lawyer with proven experience in conveyancing law and insurance claims. A Community Law Centre will be able to provide a list of lawyers who can help.
Find the nearest Community Law Centre (external link) — Community Law
Check out the house and area
Visit the property and have a good look around. This won't help you understand the structural condition of the house. But it will give you a sense of whether you want to learn more about the property. The EQC website has tips and videos.
Features to look for in a property (external link) — EQC
Find out how land and buildings in the area were affected by the natural disaster. Search online for news stories. Walk or drive around the neighbourhood to check if other homes are newly repaired or having building work done.
What to watch out for: If many homes appear to be new, freshly repaired, or have repair work underway, it can be a sign that most properties in the area were damaged in the disaster. If a seller says their home had no damage, or they didn't make an insurance claim, ask more questions. It's possible a cash settlement was awarded but not used for necessary repairs. As an interested party, you can also call EQC to find out whether the house has been the subject of a claim.
If you are thinking about buying the house, ask a building surveyor to inspect it. Ask for a report about any damage to the house, and the quality of any repair work.
Ask the seller or agent questions. Even for properties in good order, it's important to get correct, up-to-date information about damage and repairs.
Example — Extra inspection, just to be sure
Hannah and Elliot want to buy a house in an earthquake-affected area. A report from a pre-purchase building inspector shows it has "good bones" with no major problems needing attention. The interior has been upgraded following the quake, so the couple also hire a registered building surveyor to check how the house has been maintained for wear and tear, and how quake damage has been repaired. Hannah and Elliot learn the house had new floors and door frames installed to address post-quake problems. The surveyor helps them understand the history of repairs and improvements. Confident they won't be surprised by unexpected issues, Hannah and Elliot buy their first home.
Insurance claims
Ask the seller or real estate agent:
- Was the property damaged in the disaster?
- Were any insurance claims made?
- If yes, have the claims been settled yet?
If no claim was made
Take extra care looking over the home and property. Commission a report from an expert, eg registered building surveyor or engineer. Ask them about their area of expertise and any limits to what they can advise you on. They should pay close attention to:
- uneven floor levels
- stuck or loose doorways into rooms
- stuck or loose doors on cabinetry
- any leaking or cracking.
Find an engineer (external link) — Engineering New Zealand
If claims were made
Find out which insurers are involved. It might be EQC alone, or there could be claims with EQC and a private insurer, eg if the cost of repairs go over the EQC cap.
Ask if settled claims were resolved through a cash settlement or managed repair. This casts light on what documents and evidence you should check.
Check what you will be entitled to if any insurance claims are transferred to you:
- EQC claims , or parts of claims, transferred to a new owner give that person the same entitlements as the previous claim holder. This means the new owner will receive any remaining entitlement up to EQC’s cap for a natural disaster event.
- Private insurance claims work differently. A new owner might not be entitled to the same benefits assigned to the previous owner. Seek legal advice to understand what transferring any claims would mean for you.
To receive information as an authorised party, ask the claim holder to sign a privacy waiver so private insurers can consider sharing details with you. EQC can release limited assessment and repair information without authorisation, but you are encouraged to get a privacy waiver which then allows EQC to discuss the claim details and history in full.
What to watch out for: Insurance claims are held by people, not properties. Ask the seller or agent if all claims have been transferred to the most recent owner. As an interested party, EQC can provide you with a summary of building claims made in relation to a property. The information they can provide is limited but will let you know if any insurance claims exist, but have not been transferred.
If claims were settled
An accepted insurance claim is settled by either:
- Cash settlement — money to pay for repairs.
- Managed repair — the insurer pays tradespeople to complete repairs.
Cash settlement
The insurer pays the property owner directly if there is no mortgage. If there is a mortgage, cash settlement goes through the lender. The owner and lender then agree how to release money for repairs.
All cash settlements include an agreement on how funds need to be spent, and most owners are responsible and use the money for repairs. To protect your interests, it's good to do extra checks.
Ask the seller to see:
- documentation of damage, eg photos, quotes for repair, insurer's scope of works
- proof of the amount paid, eg receipts from tradespeople
- evidence of repairs, eg code compliance certificate, producer statements from construction professionals.
Search online to check that tradespeople or engineers who worked on the property are licensed and reputable.
What to watch out for: If the seller says repair work has been done but they can't or won't provide proof, it's possible they decided not to use their insurance payment for repairs. This is a warning sign. It means a house might have issues the seller is not aware of, or that haven't been disclosed. As an interested party, you can contact EQC to request copies of the scoping and assessment documents completed in relation to the property. This may then help you query the seller on repair work carried out.
Managed repair
- damage report or scope of works, setting out how the home was damaged and which repairs or replacements were needed
- repair statements, code compliance certificates, or other documents showing the sign-off of repairs — these show an inspector has checked the repairs and is satisfied.
Check the date on damage reports. Reports issued soon after the damaging event can be overridden by later reports as more investigations are carried out — especially if the damage value goes over the EQC cap.
Any home buyer can ask the seller for documents about repairs from EQC or a private insurer. If these are not available, it's possible the previous owner accepted a cash settlement for the value of damage to the house.
If claims are yet to be settled
If insurance claims for damage to a house you want to buy haven't been settled, talk to a lawyer to find out what this means for you. It could mean repairs haven't been completed and might end up being your responsibility. Ask what rights you will get if any insurance claims are assigned to you.
An ‘as is, where is’ sale suggests a house is being sold in its current state. The seller may not know about necessary repairs. Make sure you understand any known issues.
Gather documents and records
Make an effort to understand as much as you can about the house. The type of information you can get might include:
- how the house and area were affected by the event, eg flood, landslip, earthquake
- the sales history of the property, including previous owners
- how any settled insurance claims for damage have been resolved, eg cash settlement or managed repair programme
- if any insurance claims are yet to be settled
- if repairs to fix damage meet building requirements
- if the property has been sold since the event
- the possibility of damage that has not yet been identified.
Information has its limits. That's why it's so important to get as much of it as you can — to complete the picture.
Here is a list of records you can ask for, and the limits of each:
Request any information the seller has. This might include various technical assessments, the claim history, development of reported damage, scope of works and cost estimate, and what work has been completed.
This is an assessment of damage to the property. It's possible for a property to be assessed more than once after a natural disaster, so there might be more than one report. Damage reports are useful but not always comprehensive. Some damage is not obvious, eg a crack under carpet won't necessarily be visible to assessors. Some damage can appear, or worsen, after a report is delivered. It can also be hard to know if there are reports the seller or agent isn't aware of.
This sets out work required to fix damage, and the estimated cost of the work. Check this document has a date, and includes all costs of completing the work. A scope of works can only estimate costs to repair damage that has been identified. It shouldn't be relied on as a definite statement of how much it will cost to fix all damage.
Get the property's LIM (Land Information Memorandum) report from the local council. If the seller's other documents say repair or replacement work has been carried out, the LIM might include building consent. This tells you what work has been done and whether it is up to council building and safety standards. Not all repair work will be recorded by the council because many repairs don't require consent.
Ask if the council has extra information, eg flood mapping, land contours.
These show which tradespeople completed repair work, and what materials and methods they used.
You can ask the seller to waive privacy rights so their insurance company can share the claims file. A privacy waiver allows the company to share this information with you, but doesn't legally require them to. This means you might not be able to access information in the claims file, even if the seller agrees to you accessing it.
Search online for the sales history of a property. This will show the date and price each time it has been sold. If the property has been sold since the disaster, it might take you a bit longer to find out about any claims lodged by previous owners with EQC or private insurers.
If you're looking to buy a residential property in Canterbury, you can check if a Canterbury earthquake sequence claim has been lodged by a previous owner and decide whether you require more information on the claim as part of your pre-purchase due diligence.
What to watch out for: If any developers or building companies are listed as owners since the damaging event, do extra checks. Search online to research their reputation. Ask a building surveyor to pay particular attention to repair work. Most previous owners are responsible. But some take advantage of an opportunity to profit from cosmetic improvements, eg a fresh coat of paint or new curtains, without repairing structural damage.
As an interested party, you can request information relating to the assessment and repair of a property directly from EQC. The information will be redacted to protect the privacy of the current homeowner, but will provide you with an outline of any damage found.
EQC can’t release settlement figures to interested parties but this can be made available to those who have a conditional sales and purchase agreement. You can request information as an interested party and find out further information on the EQC website.
Requesting claim information (external link) — EQC
Take time to consider and compare the documents you have access to. Get expert help. Pay particular attention to this step to give yourself confidence about whether or not to buy the house.
What to watch out for: If you notice anything out of the ordinary, eg a big difference in the amount paid out and the cost of repair work, the seller may be keeping information from you. This is a warning sign. It could mean damage hasn't been repaired and may cause problems in the future.
If you are the new property owner or hold a conditional sales and purchase agreement, you can ask EQC to provide copies of the scoping, repair and settlement documents on file. This can then help you to compare the damage found against the damage fixed.
Types of expert help
Buying a home is a big deal. In an area recovering from natural disaster, it is even more important to carefully consider the pros and cons. You can assess risk yourself, but expert advice is the best way to make an informed decision about buying in a disaster-affected region.
Lawyers can help you interpret insurance information. They can explain issues relating to insurance policies, and your rights and obligations when purchasing property affected by natural disaster. A lawyer can help you access documents you're entitled to. They might be able to liaise with insurers on your behalf.
Registered building surveyors can identify damage and advise you about the quality of repair work. They know about construction issues, and can help you interpret damage reports and scope of works information. A registered building surveyor can tell you if something needs further investigation, and who else to seek help from.
Pre-purchase building inspectors/pre-purchase building surveyors can provide a pre-purchase condition record. Choose an accredited inspector who complies with NZS 4306 — the New Zealand standard for property inspections.
Builders can advise on the condition of a house. Not all builders are qualified to inspect natural disaster damage — and builders can't say what would or wouldn't be covered by insurance.
Residential risk analysis specialists can help you compare repair quotes, receipts and work completed. They can help you decide if buying a particular property is the right thing to do.
When you buy
As a condition of purchase, ask the seller to transfer any insurance claims for damage to you through a deed of assignment. There may be one or more claims from EQC or a private insurer. You can use the sale and purchase agreement to cover detail of claims being transferred, and ask your lawyer to carefully check any conditions in the agreement.
Transferring claims into your name is a vital step.
- Settled claims: transferring gives you the ability to liaise with insurers about past claims on your new property. It means you know the history of the claim and can take action if you have any concerns later. It might mean you can take over the rights of the seller.
- Yet to be settled: transferring claims into your name means you might get remaining entitlements held by the previous owner(s), eg payments for repairs.
- Send your Deed of Assignment to EQC for processing: This will ensure they have you on file as a claim contact ready for any future interactions.
Transferring a property claim (external link) — EQC
If something goes wrong
There might not be a way to resolve any problems that appear after you buy the house. This is why it's very important to devote time and energy to assessing any risks before buying property in an area recovering from a natural disaster.
If there's a problem with your new home, it's best to seek legal advice.
If the seller or their representative, eg real estate agent, lawyer, deliberately didn't share information about a known problem, that's illegal. You can take legal action.
Solving issues with the real estate agent or owner
Working with a lawyer or conveyancer
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New Zealand Law Society - No disciplinary response needed for EQC claim, but faults noted
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No disciplinary response needed for EQC claim, but faults noted
Published on 2 March 2018
[All names used in this article are fictitious.]
A lawyers standards committee has decided to take no further action on a complaint that a lawyer failed her clients regarding EQC and private insurance claims. However, the committee said that in conveyancing involving EQC claims “template letters … can assist in expanding the ambit of relevant information, and provide best evidence of advice given. The committee suggests that [the lawyer] may consider implementing this practice in future.”
The clients, a husband and wife, bought a property in which they had been tenants for 18 months before the purchase.
The husband complained that the lawyer, Simpcox, failed to obtain a completed Deed of Assignment of EQC insurance claim before settlement in July 2016. He also complained that Simpcox failed to advise on private insurance claims, including damage to a drive and paths estimated to cost $40,000 to repair.
Simpcox told the committee that the Deed of Assignment of EQC insurance claim had been successfully completed, with quite some effort by her staff, by mid-August 2016.
Simpcox also said she asked about both EQC and private insurance claims twice before settlement, and that a claim had been successfully lodged with an insurance company covering the driveway and paths.
The committee noted that the Deed of Assignment of EQC Claim was incomplete on settlement day. That presented a risk to the clients of which they should have been aware.
Simpcox did not advise her clients of her decision to trust the vendor’s solicitor to attend to the Deed of Assignment post settlement. “As it turned out a fully executed Deed was achieved within six weeks of settlement, but it could have been longer or not achieved at all,” the committee said.
When Simpcox was advised of the possible need to lodge a claim for the driveway and paths with an insurance company, she referred the clients to the company. (A claim was successfully lodged with the insurance company by the vendor of the property).
The committee said it did not accept that Simpcox failed to properly advise the clients regarding the private insurance claim. Nor did the committee consider Simpcox took inadequate steps to protect the clients’ interests in providing effective assignment of EQC claims.
It therefore considered that Simpcox’s conduct did not warrant further disciplinary attention.
The committee, however, noted “with some consternation” that Simpcox became “somewhat less than helpful and rather blunt in her approach” upon receiving notification of the clients’ concerns.
“The committee considers that this aspect of conduct does not reflect well in circumstances where [Simpcox] would have been well served to be as helpful and considerate as possible to her clients, who found themselves in a difficult and upsetting position.”
The committee recommended that Simpcox apologise to her clients.
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MLB Trade Rumors
Mets Claim Alex Young, Designate Tyler Jay
By Steve Adams | July 17, 2024 at 1:06pm CDT
The Mets announced Wednesday that they’ve claimed left-hander Alex Young off waivers from the Giants and optioned him to Triple-A Syracuse. Fellow lefty Tyler Jay was designated for assignment in order to open a spot on the 40-man roster.
It’s a quick turnaround for Young, whom the Giants acquired just last week in the trade that sent outfielder Austin Slater and cash to the Reds. San Francisco seemingly hoped to pass Young through waivers and retain the southpaw as a depth option, but the Mets didn’t allow that to happen and will keep Young on their 40-man roster for the time being. The unusual sequence leaves the Giants with no return of which to speak for Slater, a 2014 eighth-rounder who’s been a solid role player for them over the years before struggling to career-worst results at the plate in 2024.
Young, 30, has pitched in parts of six big league seasons — including a brief two-inning stint with Cincinnati earlier this season. The former second-round pick has a career 4.40 earned run average in 264 big league innings and has fanned 19.5% of his opponents against an 8.5% walk rate. Though he debuted as a starter with the 2019 Diamondbacks, Young has worked primarily as a reliever since that time and hasn’t started a game since 2022.
Young didn’t allow a run in his two innings with the Reds this season, and he’s been excellent in 24 2/3 Triple-A frames as well, logging a tidy 2.19 ERA with a 23.5% strikeout rate and 8.2% walk rate between the affiliates for the Reds and Giants. The southpaw has a shaky 4.99 ERA in 209 1/3 career innings at the Triple-A level, although that’s skewed by a pair of dismal debut campaigns in Triple-A with the D-backs in 2018-19. He’s pitched well at the top minor league level in each of the past three seasons now.
This is Young’s final minor league option year. The Mets can shuttle him between Syracuse and Queens for the remainder of the season, but Young would need to stick on the big league roster in 2025 and beyond. He crossed four years of big league service time earlier this season while on the 60-day injured list with a back issue, meaning he can be controlled for another two seasons, through the 2026 campaign, if he makes a good impression on his new club.
For Jay, this will be the second time this season the Mets have designated him for assignment. He was also DFA’ed after making his big league debut back in April. He stuck with the organization after clearing outright waivers.
The 30-year-old Jay was the No. 6 overall draft pick out of Illinois back in 2015 and for years ranked as one of the more promising arms in the Twins’ system. He dealt with repeated shoulder and neck injuries throughout his time in Minnesota’s system, however, and eventually underwent thoracic outlet surgery. He was out of affiliated ball at one point, before parlaying a showing with the Joliet Slammers of the independent Frontier League into a minor league look with the Mets.
Jay has only pitched 4 2/3 big league innings for the Mets this season. He’s surrendered four runs on seven hits and three walks with three strikeouts in that time. He’s spent the remainder of the season in Syracuse, working to a strong 2.40 ERA with a below-average 18.6% strikeout rate but a sensational 2.5% walk rate. The Mets will either trade Jay or place him on outright waivers in the next five days. Waivers would then be an additional 48-hour process. If he goes unclaimed, Jay will have the right to reject an outright assignment in favor of free agency, as is the case for any player who’s been outrighted multiple times in his career.
26 Comments
2 weeks ago
Just gave away a bench player for nothing
Slater was not a bench player.
He lost that job. But now he’s a Reds bench player though. But not for long. 1 for 9.
They sent out a kid outfielder hitting .100 not long ago.
Slater is 1-9 as a Red. He was out of options and he’s been terrible in 2024. Why keep him on the major league roster when guys like Heliot Ramos have shown promise?
Wait a second….
Toronto needs to pick up Tyler Jay. Nominative determinism and all that.
![assignment of eqc claim ' src=](https://www.mlbtraderumors.com/images/2023/03/IMG_20230226_174134_01-96x96.jpg)
So, what’s wrong with Alex Young that the Reds dumped him for relatively nothing and now the Giants for absolutely nothing. His ERA isn’t that bad, but he must have a hitch in his git along to be passed around the league so quickly.
![assignment of eqc claim ' src=](https://www.mlbtraderumors.com/images/2024/01/Dead-King-1-96x96.jpg)
Who knows. He had a good year last and he’s dominated AAA this year. He has been injured however.
The Slater – Young trade was 2 teams with depth swapping players where Slater couldn’t be optioned and Young could at least in 2024
Young and Kolton Ingram were both optioned, Ingram making it through. The latter is younger, a slightly higher ceiling and another option year in 2025.
SF Giants are clearing 40 man space and for the pending returns of Robbie Ray and Alex Cobb.
Guys aren’t being dumped for nothing. Rather 60day IL players are close to activation and teams need 40 man / 26 MLB roster spots so players at the end of the bench or end of the 40 man list are getting squeezed off.
This can’t be. According to the in know Reds fans this was an important depth piece. He’s. Fungible. Or whatever the kids call it these days.
Yeah, dumb Reds fans like me. The Giants mishandling the Young transaction by trying to pass him through waivers so as to not keep him on the 40-man roster does not change Young’s value, just says they took a dumb gamble and lost. The Mets obviously liked his value and additional 2 years of control enough to claim him and add him to the 40 Man. If I remember CB, you’re the one who said Rece Hinds was basically a strikeout machine who was in no way ready to play in the big leagues when I said he’d be a more sensible roster addition than Slater. We should all take lessons so we can be more in the know like you.
The Mets bullpen has imploded with injuries + poor performance. They’re on the fringes of contending and Wood is better than any LH RP they have or wish to put on their 40 man.
They’ve made multiple recent roster moves on the waiver wire to try and sort their pen out and in the end have 40/26 man spots where the other teams did not.
As for other moves, you do realize by bringing Hinds up, CIN has burned an option year on him. His SSS MLB debut not withstanding, his longer MiLB historical K rate% is not a good sign at any MLB success. Reds fans should hope he’s recently made a swing change that’s helped aid is his contact rate.
@sfjackcoke – Hinds was already on the Reds’ 40-man roster. He had been optioned to the minors all season. By bringing him up, the Reds did start his service clock. But they’d already burned his first option year.
Was that a change to options made in 2022 when they capped intra-year up and down to 5?
So there’s scouts all over MLB games for both the trade deadline as well as advanced scouts for teams upcoming opponents. It will be interesting to see how the league adjusts to him and if Hinds can counter that adjustment. .
The Reds are ahead of the Mets on the waiver claim list. If the Reds wanted Young back they could have claimed him when the Giants placed him on waivers.
I didn’t say dumb. Misinformed.
And Slater is still more of a known commodity that you take a chance on as it is more of a need than LH relief pitching. He’s a better roster addition than Martin or Benson at this point because they cancel themselves out as LH hitters who are not hitting. But sure after he gets less than 10 AB it’s obvious he will not get any better and help.
I’m glad I was wrong on Hinds. With his numbers in AAA you would expect him after the Rockies series not to get one fastball. Happy to be wrong.
If he lays off the numerous breaking balls and change ups he’s going to be getting than he will be a great help.
Gotcha. Misinformed like you claiming in the chat that Young would be a free agent at the end of year back when the trade happened? Young has 2.5 years of team control which has some value, especially when 2/3 of the LHRP the Reds currently have could be FA after this year. I’m defensive about my opinion sure, but it’s ok to disagree without getting mocked. And by the way, you’re right about Martini, but Benson and his team friendly control is a WAY more valuable 40 Man roster spot than 2.5 months of Slater.
I’ll take a vodka martini……
Still a dumb move by Farhan. You pay cash and then the guy is gone in less than a week. The Farhan disaster continues.
Do we know how much cash? The Reds are still probably paying some of Slater’s contract. Financially and for salary cap purposes the Giants are likely better off now than if they had just DFA’d Slater and ate all the rest of his salary.
6th overall pick to the mets dumpster, it’s official Jay is a bust.
![assignment of eqc claim ' src=](https://www.mlbtraderumors.com/images/2023/03/dd4a9d4076c442fb840f57cd272f3ada-96x96.jpg)
I mean, he was pretty much cemented as a bust by the time he was slinging it in Joliet. It’s actually fairly impressive that he made it back for even a short cup of coffee.
How quickly is Young called up to make an appearance out of the bullpen in Flushing (or on the road) for the Mets? This wasn’t just a depth move, right?
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'Border czar'? Kamala Harris assigned to tackle immigration's causes, not border security
If your time is short.
In March 2021, President Joe Biden tasked Vice President Kamala Harris with working alongside officials in Guatemala, El Salvador and Honduras to address the issues driving people to leave those countries and come to the United States.
The Biden-Harris administration said it would focus on five key issues: economic insecurity, corruption, human rights, criminal gang violence and gender-based violence.
Border security and management is the Homeland Security secretary’s responsibility.
Vice President Kamala Harris might soon get a new official title: 2024 Democratic presidential nominee. In the meantime, Republicans have revived a title they gave her in 2021: "border czar."
Claims that President Joe Biden named Harris the "border czar" and that she is responsible for overseeing U.S. border enforcement gained prominence at the Republican National Convention as the party sought to link her to his immigration policy.
The refrain intensified once Biden dropped out of the race and endorsed Harris. It was echoed in ads and by Trump campaign surrogates, including Ohio Sen. J.D. Vance , the Republican vice presidential nominee.
"Here’s Biden appointing Kamala Harris to be his border czar to deal with illegal immigration," a narrator says in a video the Republican National Committee posted on its X account, @GOP. "And here are a record number of illegal immigrants — 10 million and counting — flooding over the border after Harris was put in charge of stopping illegal immigration."
We’ve repeatedly fact-checked claims about the number of people entering the U.S. illegally under Biden. The federal data tracks how many times officials encountered a person trying to cross the southern border, but it doesn’t reflect the number of people let in. And if one person tries to cross the border multiple times, that counts as multiple encounters, even if it’s the same person.
For this fact-check, we’re focused on the scope of Harris’ border responsibilities.
"Border Czar Kamala Harris' reversal of President Trump's immigration policies has created an unprecedented and illegal immigration, humanitarian and national security crisis on our southern border," Trump campaign National Press Secretary Karoline Leavitt told PolitiFact in a statement.
But Biden didn’t put Harris in charge of overseeing border security.
In a meeting with Harris in March 2021 , Biden said Harris would lead U.S. diplomatic efforts and work with officials in Mexico, Guatemala, El Salvador and Honduras to stem migration to the U.S. Biden said that when he was vice president, he "got a similar assignment" and that the Obama administration secured $700 million to help countries in Central America.
"One of the ways we learned is that if you deal with the problems in country, it benefits everyone. It benefits us, it benefits the people, and it grows the economies there," Biden said then.
Biden asked Harris "to be the chief diplomatic officer with Central American countries" and address the root causes that make people leave their home countries, said Michelle Mittelstadt, communications director for the Migration Policy Institute, a nonpartisan think tank.
Managing the border "has always been" the Homeland Security secretary’s role, Mittelstadt said.
Biden tasked Harris with addressing the root causes influencing people’s decisions to migrate to the United States.
"I’ve asked her … to lead our efforts with Mexico and the Northern Triangle and the countries that help — are going to need help in stemming the movement of so many folks, stemming the migration to our southern border," Biden said in March 2021.
Biden held a similar role as vice president to former President Barack Obama. In a 2015 New York Times opinion piece, Biden said he would work with the Northern Triangle’s leaders on security, anti-corruption and investment efforts in the region.
"Donald Trump’s administration didn’t really sustain this strategy, but what Harris sought to revive in 2021 ran along the same lines," said Adam Isacson, defense oversight director at Washington Office on Latin America, a group advocating for human rights in the Americas.
Within weeks of Biden’s remarks about Harris’ role, Republicans including Texas Gov. Greg Abbott and Rep. Steve Scalise, R-La., began calling Harris the " border czar " often in tandem with pointing out she had not yet been to the border.
In April 2021, when a reporter asked Harris whether she would visit the border, she said that her role is addressing the factors that make people leave their home countries, not managing the border.
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"The president has asked (Homeland Security) Secretary (Alejandro) Mayorkas to address what is going on at the border. And he has been working very hard at that, and it’s showing some progress because of his hard work," Harris said at an event . "I have been asked to lead the issue of dealing with root causes in the Northern Triangle, similar to what the then-vice president did many years ago."
Harris said she’d focus on economic struggles, violence, corruption and food insecurity in the countries.
In June 2021, Harris visited El Paso, Texas, with Mayorkas. They outlined their responsibilities to reporters. Harris said she was addressing "the root causes of migration, predominantly out of Central America," and Mayorkas said, "It is my responsibility as the Secretary of Homeland Security to address the security and management of our border."
![assignment of eqc claim assignment of eqc claim](https://static.politifact.com/politifact/photos/AP21176689747080.jpg)
But this distinction didn’t stop critics from linking Harris with U.S.-Mexico border security.
"The administration’s messaging on this in mid-2021 was not as clear as it should have been," Isacson said. "But at no time did Harris or the White House state that her duties included the U.S.-Mexico border, or border security."
Immigration experts said it’s hard to measure Harris’ success in her role, and that a "root causes" approach implies that the results will be seen long term, not immediately.
In July 2021, the administration published a strategy , with Harris writing the lead message, for confronting the factors that drive migration in Central America. The plan focused on economic insecurity, corruption, human rights, criminal gang violence and gender-based violence.
In March 2024, the administration said it secured more than $5.2 billion in private sector investments to the region. However, only about $1 billion has been distributed, the Partnership for Central America, a group working with the administration, reported .
The White House said the investments have generated more than 70,000 new jobs in Guatemala, Honduras and El Salvador, provided job training to 1 million people and expanded digital access to 4.5 million people.
"Still, her engagement on this issue has been sporadic," Isacson said. "She has not traveled very often to the region or otherwise sought to make ‘root causes in Central America’ a central theme of her vice presidency."
Illegal immigration at the U.S. southern border from Guatemala, Honduras and El Salvador has dropped since 2021. Encounters with people from other countries, Venezuela, have risen .
"But it’s hard to prove that U.S. assistance is a central reason" for the Northern Triangle countries’ decline, Isacson said.
The issues pushing people to leave Central American countries "are extremely complex and require deep restructuring of so much in those societies," said Cecilia Menjivar, a sociology professor at the University of California, Los Angeles who specializes on immigration. "So it’s very difficult for one person to change all that, even if it is a powerful person."
Immigration patterns at the U.S.-Mexico border have more to do with conditions in Latin American countries than "any U.S. policy," Mittelstadt said.
For example, a humanitarian crisis in Venezuela has displaced nearly 8 million people since 2014, according to the United Nations. Political, economic and security crises in Cuba, Nicaragua, Haiti and Ecuador have also led to more migration from these countries, Mittelstadt said.
In contrast, immigration encounters with people from El Salvador have dropped in past years, partly because of the country’s crime crackdown .
The Republican National Committee said Biden appointed Harris "to be his border czar to deal with illegal immigration...Harris was put in charge of stopping illegal immigration."
Biden tasked Harris with addressing the root causes that drive migration to the United States. He did not task her with controlling who and how many people enter the southern U.S. border. That's the Homeland Security secretary’s responsibility.
Experts say that seeing the results of addressing root causes driving people out of Guatemala, El Salvador and Honduras — violence, economic insecurity and corruption — takes time.
The statement contains an element of truth, but it ignores critical facts that would give a different impression. We rate it Mostly False.
Read About Our Process
The Principles of the Truth-O-Meter
Our Sources
Truth Social, post , July 22, 2024
The Hill, House Republicans tee up vote condemning Harris as ‘border czar’ , July 23, 2024
C-SPAN, Sen. J.D. Vance campaign rally in Radford, Virginia , July 22, 2024
GOP, post on X , July 21, 2024
PolitiFact, Francis Suarez’s misleading claim about millions of migrants getting free cellphones, plane tickets , July 28, 2024
PolitiFact, There aren’t 20 million to 30 million immigrants in the U.S. illegally, as Sen. Marco Rubio claimed , June 11, 2024
The White House, Remarks by President Biden and Vice President Harris in a meeting on immigration , March 24, 2021
PolitiFact, Central America and the root causes of migration to the US , June 7, 2021
The New York Times, Joe Biden: A Plan for Central America , Jan. 29, 2015
The White House, Remarks by Vice President Harris at virtual roundtable of experts on the Northern Triangle , April 14, 2021
The White House, Remarks by Vice President Harris, Secretary of Homeland Security Mayorkas, Chairman Durbin, and Representative Escobar in press gaggle , June 25, 2021
Fox News, Obama-era DHS secretary: 'There's a real problem' when you have 'bipartisan outrage' , July 23, 2024
The White House, FACT SHEET: Strategy to address the root causes of migration in Central America , July 29, 2021
The White House, FACT SHEET: Vice President Harris announces public-private partnership has generated more than $5.2 billion in private sector commitments for Northern Central America , March 25, 2024
Migration Policy Institute, Shifting patterns and policies reshape migration to U.S.-Mexico border in major ways in 2023 , October 2023
United Nations High Commissioner for Refugees, Venezuela crisis explained , April 17, 2024
PolitiFact, Donald Trump fact-check: 2024 RNC speech in Milwaukee full of falsehoods about immigrants, economy , July 19, 2024
CBS News, The facts about Kamala Harris' role on immigration in the Biden administration , July 23, 2024
Email interview, Michelle Mittelstadt, communications director for the Migration Policy Institute, July 22, 2024
Email interview, Adam Isacson, defense oversight director at Washington Office on Latin America, July 22, 2024
Email interview, Henry Ziemer, research associate for the Center for Strategic and International Studies, July 22, 2024
Email interview, Cecilia Menjivar, sociology professor at the University of California, Los Angeles, July 22, 2024
Statement, Karoline Leavitt, Trump campaign national press secretary, July 23, 2024
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'Border czar'? Kamala Harris assigned to tackle immigration's causes, not border security
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Dodgers pitcher James Paxton designated for assignment
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James Paxton , a veteran starting pitcher who brought stability to a needy Los Angeles Dodgers rotation this season, was designated for assignment Monday.
It's a rather surprising move for the Dodgers, who have a long list of starting pitchers on the injured list and have relied on Paxton to lead an inexperienced rotation. But the team will activate Tyler Glasnow on Wednesday and Clayton Kershaw on Thursday. Walker Buehler (on the injured list because of hip inflammation but mostly working through mechanical issues) and Bobby Miller (in the minor leagues and also trying to iron out his mechanics) are not considered far behind.
Paxton's departure from the 40-man roster, which is currently full, created room for River Ryan , who started Monday's series opener against the San Francisco Giants . The Dodgers will have to clear another 40-man spot for Kershaw to start Thursday's game.
Ryan allowed one unearned run over 5⅓ innings in his major league debut, as the Dodgers won 3-2 . The 23-year-old right-hander, acquired from San Diego in a 2022 trade, gave up four hits with three walks and two strikeouts.
Justin Wrobleski and Landon Knack are two more of the younger pitchers the Dodgers want to see more. Knack will start Tuesday night.
Paxton, 35, signed a one-year, $7 million contract over the offseason and has been everything the Dodgers could have hoped for. After limiting the Boston Red Sox to three runs in five-plus innings Sunday, Paxton improved to 8-2 with a 4.43 ERA in 89⅓ innings in 2024. He has been one of just two Dodgers -- along with Gavin Stone -- to not miss a turn through the rotation.
Los Angeles manager Dave Roberts said with the return of Glasnow and Kershaw, it was tough finding a fit for Paxton the rest of the way, adding that "it was a difficult decision. He handled it like a pro. We feel good about the starting staff going forward."
Paxton's underlying metrics are not favorable; he has walked a National League-leading 48 batters while striking out just 64, and he ranks within the bottom 20% of the sport in expected ERA, chase percentage and hard-hit rate, among other stats. But given the overall need for starting pitching throughout the league and the short list of teams expected to trade away players before the July 30 trade deadline, the expectation is that the Dodgers will be able to find a trade partner for Paxton in the coming days. They'll have seven days to do so, after which Paxton would be released.
The Associated Press contributed to this report.
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EQC and earthquake land damage settlements – Part II – EQC’s obligations
![assignment of eqc claim](https://www.parryfield.com/wp-content/uploads/2019/08/heade10.jpg)
In Part I of our series on EQC and Land Damage Settlements, we looked at what the EQC Act provides in general in respect of “land damage” and what it is. In this Part we examine what EQC’s obligations/rights are under the Act in respect of settling land claims.
Qualifying land damage (click to enlarge)
1. Does EQC have to pay me for my land damage?
2. does eqc have to repair my land damage, 3. if eqc did repair my land, are there any limits on what eqc has to do, 4. if eqc pays me cash, how is that payment calculated, 5. what types of repairs will payments be based on, 6. how will eqc settle my claim where my land damage consists of an increased risk of flooding or liquefaction, 7. does the eqc act actually allow eqc to settle claims based on “the reduction in value of the damaged land”.
8. Does the EQC Act cover the situation where repairs are considered “impossible” or “unlikely to occur for practical reasons”?
9. What are EQC’s obligations where EQC decide that my repairs are unlikely to be carried out or are impossible?
10. What if the cost to repair my land is more than EQC’s maximum liability?
11. what if you can no longer see the land damage, 12. is eqc correct to only assess land damage now, 13. can eqc decline cover where the land has or will apparently “self-repair”, 14. can eqc decline cover where land has been repaired already.
No, EQC can decide to replace or reinstate any property that suffers natural disaster damage, or any part of it, instead of paying the amount of the damage .
No, EQC can decide between settling any claim by:
- replacement; or
- reinstatement;
to the extent which is it liable under the Act.
Yes, EQC is not required to:
- Reinstate or replace “exactly or completely, but only as circumstances permit and in a reasonably sufficient manner” ; or
- Reinstate or replace the land other than by removing debris if the land damage consists of, or results from, ground forming materials (e.g. rocks or soil) or other debris on the land.
There are two possibilities:
- If a claim cannot be settled promptly because of circumstances relating to the cause of the earthquake damage, EQC may in its discretion settle the claim on:
the basis of the value of the property at the time of the settlement of the claim (notwithstanding the fact that the value is higher than the value at the time the earthquake damage occurred)
- Subject to that proviso, EQC may settle any claim on:
the basis of the amount it would have cost to replace or reinstate the property at the time of the earthquake damage.
in both cases up to EQC’s maximum liability.
The Guides indicate that, in most circumstances, EQC will settle claims on the basis of the cost of repairing the land. However, EQC have subsequently indicated that in the case of Increased Vulnerability to Flooding claims, EQC may only take that approach if repairs are technically feasible, can lawfully be undertaken (e.g. obtain a resource consent), are not disproportionately expensive and are likely to be carried out by the homeowner.
The Act does not specify the repair methods.
The Flat Land Guide indicates that, for flat land damage, EQC will usually use the potential repair methods set out in the Guide. These include:
- Cracks – fill with bentonite/cement slurry
- Undulation – releveling/building up the ground
- Ponding – releveling/building up the ground and/or installing drainage
- Settlement – releveling/building up the ground
- Springs – Installing drainage
- Pushed up sand and silt – remove the ejected material (by hand or using an excavator) and dispose of it offsite.
The potential repair methods set out in the Port Hills guide include:
- Removing rocks, boulders and cliff collapse material offsite;
- Earthworks to re-level uneven ground;
- Earthworks to fill cracks;
- Engineering design and earthworks to retain land;
- Engineering design and earthworks to reshape the slope or construct a retaining wall;
- Engineering design and earthworks to reinstate a retaining wall.
No clear guidance is given in the Flat Land Guide on this issue.
EQC has indicated that, where land repair is not possible or unlikely to occur for practical reasons (see above under point 4), EQC will pay the reduction in the value of the damaged land.
The option is not expressly provided for in the Act. Instead the Act provides for the options set out at point 4 above.
However, in the case of Earthquake Commission v Insurance Council of New Zealand , the Court held that residential land insured under the Act is insured on an “indemnity basis”, being the amount required to restore the homeowner to the position he/she would have been in prior to the earthquakes had the earthquake damage to the land not occurred. That amount is capped at EQC’s maximum liability for land (see point 3, Part 1 of this topic).
Within “indemnity value”, the Court held that one option available to EQC is to settle land claims by way of a payment representing the loss in market value of the damaged property (up to EQC’s limits). However, the Court also held that it is not the only way, or in fact always the most appropriate way, to measure a homeowner’s loss. Sometimes the cost of repair or reinstatement is a more appropropriate measure of loss. EQC must consider all relevant circumstances (such as whether repairs can and will be carried out, if the homeowner has already sold the property without carrying out repairs and the comparative cost of repairs versus paying loss of market value).
8. Does the EQC Act cover the situation where repairs are considered “impossible” or “unlikely to occur for practical reasons”?
No, the Act does not.
The Act does say that EQC is not bound to repair or restore damaged property “exactly or completely, but only as circumstances permit and in a reasonably sufficient manner”. However, this does not expressly refer to impossibility or impracticability preventing repair.
These limitations are also only provided where EQC decides to actually repair “instead of paying the amount of the damage”. Where EQC pays the amount of the damage (as it has indicated it will do so in most cases), no such limitation is provided.
9. What are EQC’s obligations where EQC decide that my repairs are unlikely to be carried out or are impossible?
(i) Impossibility or impracticability due to cost
If EQC says the repairs will be too expensive/exceed EQC’s maximum liability, EQC’s obligation under the Act is to pay up to its maximum liability.
(ii) Impracticability for other reasons
If EQC says the repairs are unlikely to occur for practical reasons, we consider that, in most cases, EQC’s obligation will be to either:
- Settle the claim the basis of the value of the property at the time of the settlement of the claim; or
- Settle the claim on the basis of the amount it would have cost to replace or reinstate the property if repairs were carried out (e.g. a “notional” repair).
The Act does not restrict EQC to actually carrying out the repairs. Instead, EQC has the alternative option of cash settling the claim.
The Act also does not allow EQC to avoid settling a claim simply on the basis that repairs may never be carried out.
(iii) Impossibility for other reasons
If EQC says the repairs are impossible, EQC’s liability is likely to be determined by such things as:
- the reason the repairs are said to be impossible,
- when EQC became aware of this, and
- whether EQC was actually repairing the property when repairs apparently became “impossible”.
Each case is likely to turn on its own facts and this issue may ultimately need to be decided by a Court.
EQC will need to pay you its maximum liability less its excess.
If you then carry out the repair works, you will be responsible for making up the difference in cost (unless some part of it is also covered by your insurer, e.g. some insurers cover retaining walls up to certain limits).
Most land assessments have taken place/are taking place some considerable time after the earthquakes. Land damage may be less obvious (e.g. it may have been covered up by plants/grass) or homeowners may have needed to carry out temporary repairs for safety/convenience (e.g. Filled in cracks).
The Act does not expressly address this situation.
In terms of the Guide, it says that:
“EQC will assess damage at the time of the assessment. Where the land has, or will in the short term be, “self-repaired”, then no land damage repair will be costed. Self-repair can in some circumstances happen where:
a) natural processes occur over the course of time (e.g. cracks self-repair by being filled with soil)
b) the house has been (or will be) demolished and/or reinstated, e.g., construction equipment (such as heavy trucks) on the site re-compacts the surface soil and closes cracks.”
Possibly not. The Act says that EQC shall determine the amount of any damage “as soon as reasonably practicable”.
Although the Canterbury Earthquake (Earthquake Commission Act) Order 2012 changed this requirement in certain situations (if EQC decides to settle a claim by actually repairing/replacing), it did not take away EQC’s obligation to determine damage as soon as reasonably practicable.
In our view, it is questionable whether EQC has met its obligations when assessing land damage more than two years after the relevant earthquakes.
For this reason, we consider EQC should always take into account suitable evidence (such as photographs or videos) of the land damage at the time of the earthquakes, as that may be relevant as to:
- the full nature/extent of the initial damage,
- whether land is truly likely to have “self-repaired” (see further below); and
- what therefore is the most suitable repair solution.
The Act does not provide for the case of “self-repair”.
We think that EQC’s obligations will be decided by such things as:
- the nature and extent of the original damage (e.g. its severity); and
- the manner of the apparent “self-repair.”
Some different scenarios
(i) Land which has not yet self-repaired but which EQC says will “self-repair” in time.
In our view, where land damage has not, at the time of inspection, actually “self-repaired”, EQC is still responsible to either repair the damage or cash settle the claim. Until the land has in fact “self-repaired”, physical damage remains.
(ii) Land damage which seems to have “self-repaired” but, due to its initial severity, may not in fact have done so.
Certain types of land damage may seem to have “self-repaired”, at least on the surface of the land, but in fact may still exist (e.g. a fissure may have filled in on the surface/been grown over but continue to exist under the ground surface).
This may not be obvious without proper investigation/testing.
Where land is unlikely to have “self-repaired” (and expert evidence may be required on this point), EQC should assess the extent of that damage. If qualifying land damage remains, EQC should either repair the damage of cash settle the claim.
(iii) More minor land damage which appears to have “self-repaired”
Where land truly has “self-repaired” (e.g. surface cracking has filled in/been grown over), we agree that in many instances EQC will no longer be responsible under the Act.
In this case, it is unfortunately no longer apparent that the land has suffered “physical damage” which requires repair.
The Act does not expressly cover this situation.
In EQC’s guide, “Householder’s Guide to EQ Cover”, it states:
- you can make temporary repairs for safety or to prevent further damage or discomfort;
- keep everything that is replaced and keep a copy of the bill;
- if you can, take photographs of the damage before you clean up or move anything;
- do not start any repairs without the approval of EQC unless they are to essential services;
- tell EQC everything you know about the damage and how it happened and give EQC any documents it asks for, for example, repair quotes and invoices;
- Depending upon the circumstances, EQC may settle your claim … after you have found out the cost of repairing or replacing the damaged property, by paying you that amount, either before or after the repairs are carried out or you have replaced the property.
These comments suggest that, in some circumstances, EQC will pay for repairs carried out by/on behalf of homeowners.
We think EQC’s obligations ought to be decided by such thing as:
- What evidence exists of the damage before repair;
- the extent of the repairs carried out;
- the reason for the repairs (e.g. safety or to prevent further damage);
- what evidence exists of the repairs; and
- what actual costs were spent in carrying out the repairs.
If we can assist in any way with your land claim, please don’t hesitate to contact Paul Cowey at [email protected] .
Disclaimer: the content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
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About natural hazards cover
Find out how to make a natural hazards cover claim, what's covered, and how much you're covered for.
Storm, flood, and landslide damage
After severe weather events we can contribute to the cost of cleaning up your land as a part of your settlement.
Learn about making a new claim, the claims process, and what to do when buying or selling a home with previous claims, including asking us for claim information
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We work with most private insurers to simplify the process for making a claim for natural hazard damage.
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If your home has been damaged you may need to carry out urgent repairs to make your home safe.
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If certain section notices appear on a property title this can affect natural hazards cover and the outcome of any claims.
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We’re working hard to resolve outstanding Canterbury claims so no one continues to live in earthquake damaged homes.
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At NHC Toka Tū Ake we have rules, policies, and ways of working that guide what we do.
Navigating the claims process following a natural disaster can be a challenging time. Find out how to make a new claim, and about the usual claims process including assessment and cash settlement. We also offer guidance for buying or selling a home with previous claims, which includes asking us for claim information.
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In most cases you should make new claims for natural hazard damage through your private insurer.
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In most cases you should contact your insurer for an update on an open claim or if more damage is found after settlement
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When you make a claim there are a number of steps that you and your insurer need to work through to resolve it.
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How to take photos to support your natural hazards cover claim, what photos to take, and what to do once you’ve taken photos.
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There are some steps that you should consider, including requesting claim information and assigning the rights of a claim.
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You can make official requests for information from us, such as claim information on a property, using our online form.
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Tampa Bay Rays Claim Relief Pitcher Joel Kuhnel Off Waivers From Milwaukee Brewers
Sam connon | jul 23, 2024.
![Apr 12, 2024; Houston, Texas, USA; Houston Astros relief pitcher Joel Kuhnel (72) delivers a pitch during the fifth inning against the Texas Rangers at Minute Maid Park. Apr 12, 2024; Houston, Texas, USA; Houston Astros relief pitcher Joel Kuhnel (72) delivers a pitch during the fifth inning against the Texas Rangers at Minute Maid Park.](https://images2.minutemediacdn.com/image/upload/c_crop,w_5913,h_3326,x_0,y_116/c_fill,w_720,ar_16:9,f_auto,q_auto,g_auto/images/ImagnImages/mmsport/fastball/01j3gjq5v4kwfx77shtk.jpg)
- Tampa Bay Rays
- Milwaukee Brewers
The Tampa Bay Rays have claimed right-handed pitcher Joel Kuhnel off waivers from the Milwaukee Brewers, the team announced Tuesday afternoon.
The Brewers designated Kuhnel for assignment on Saturday. He had been on the big league roster since July 14, but he did not make a single appearance with Milwaukee before getting booted from the 40-man roster.
Kuhnel, 29, has now been a member of four organizations in the last three months alone.
The Tampa Bay Rays have claimed RHP Joel Kuhnel off waivers from the Milwaukee Brewers. — Rays Communications (@RaysPR) July 23, 2024
The Cincinnati Reds selected Kuhnel in the 11th round of the 2016 MLB Draft and held onto the righty for the next seven years.
Kuhnel made his MLB debut in 2019 and made a handful of appearances in 2020 as well. After not spending any time at the big league level in 2021, Kuhnel took the mound 53 times for Cincinnati in 2022.
That season, Kuhnel went 2-3 with a 6.36 ERA, 1.397 WHIP, 8.7 strikeouts per nine innings, a 4.00 strikeout-to-walk ratio and a -0.5 WAR.
The Reds ultimately designated Kuhnel for assignment in June 2023, trading him to the Houston Astros. Kuhnel spent the rest of the season with the Astros, and after getting released in January, he re-upped with Houston on a minor league deal 10 days later.
Kuhnel allowed four earned runs in 2.0 innings in his one appearance for the Astros this year.
Houston eventually designated Kuhnel for assignment and traded him to the Toronto Blue Jays in exchange for cash considerations. Then it was the Blue Jays' turn to DFA Kuhnel, opening the door for him to sign a minor league deal with the Brewers in June.
Kuhnel is 4-3 with a 6.30 ERA, 1.436 WHIP, 7.6 strikeouts per nine innings, a 3.00 strikeout-to-walk ratio and a -0.6 WAR over the course of his MLB career.
In 229 minor league appearances, meanwhile, Kuhnel is 15-18 with a 3.55 ERA, 1.287 WHIP, 7.7 strikeouts per nine innings and a 3.75 strikeout-to-walk ratio. This season alone, Kuhnel is 5-1 with a 2.30 ERA with three different Triple-A teams.
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Sam Connon is a Staff Writer for Fastball on the Sports Illustrated/FanNation networks. He previously covered UCLA Athletics for Sports Illustrated/FanNation's All Bruins, 247Sports' Bruin Report Online, Rivals' Bruin Blitz, the Bleav Podcast Network and the Daily Bruin, with his work as a sports columnist receiving awards from the College Media Association and Society of Professional Journalists. Connon also wrote for Sports Illustrated/FanNation's New England Patriots site, Patriots Country, and he was on the Patriots and Boston Red Sox beats at Prime Time Sports Talk.
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Harris' border work was on 'root causes' of migration; she wasn't in charge | Fact check
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The claim: Kamala Harris was 'put in charge of the border'
A July 21 Instagram post ( direct link , archive link ) by Donald Trump Jr. blames Vice President Kamala Harris for the country's immigration problems.
"She was put in charge of the border and we saw the worst invasion of illegals in our history!!!" reads part of the post, which is a screenshot of a post from X, formerly Twitter.
Similar posts on Threads have described Harris as the Biden administration's "border czar."
The Instagram post was liked more than 200,000 times in a day.
More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page
Our rating: False
The post exaggerates the vice president's role in addressing migration at the southern border. Harris was never put in charge of the border or made "border czar," immigration experts said. President Joe Biden tasked Harris with leading the administration's diplomatic efforts addressing the "root causes" of migration in El Salvador, Guatemala and Honduras.
Harris led effort addressing 'root causes' of migration in Central America
Early in his presidency, Biden tasked Harris with addressing the “root causes” of migration in Central America. The assignment came out of an executive order Biden issued in February 2021 that sought to reduce migration from the Northern Triangle countries of El Salvador, Guatemala and Honduras, where gang violence, trafficking networks and economic insecurity have caused people to flee.
But the vice president’s role was more limited than being put in charge of the southern border, or being named a so-called “border czar,” immigration experts said.
"VP Harris was never made the border czar or charged with managing the border," Andrew Salee , president of the Migration Policy Institute , said in an email. "That role has always been held by the secretary of Homeland Security . She was asked to be the chief diplomatic officer with Central American countries at a time when most of the increase in unauthorized immigration was coming from three countries in Central America and to help lead a private investment strategy in the region."
Homeland Security Secretary Alejandro Mayorkas himself noted the different responsibilities between himself and Harris in June 2021 comments at the El Paso, Texas, border.
"The vice president is leading our nation’s efforts to address the root causes – that fundamental question of why people leave their homes," Mayorkas said. "And it is my responsibility as the secretary of Homeland Security to address the security and management of our border."
In March 2021, Biden announced Harris would lead the administration's diplomatic efforts with the Northern Triangle countries to stem migration to the U.S. southern border and work with these nations to enhance migration enforcement at their borders. Harris said at the time that the administration "must address the root causes that – that cause people to make the trek, as the president has described, to come here."
Aaron Reichlin-Melnick , policy director at the American Immigration Council , said the "root causes" work Harris took on is distinct from border policy because it focuses on different problems and targets.
"Border policy focuses on individuals who have already made the decision to leave home and have made it to the U.S.-Mexico border and aims to either prevent them or to quickly process them for humanitarian relief or deportation once they cross," Reichlin-Melnick said in an email. "By contrast, 'root causes' policy focuses on individuals who have not left their homes yet, and aims to convince them to stay in their home countries either through economic development – which discourages migration for economic opportunities – or through reduction of violence and persecution that forces people to seek protection elsewhere."
The White House released the administration's " Root Causes Strategy " in July 2021. Its implementation was ongoing as of March when the vice president and the Partnership for Central America , a non-governmental organization, jointly announced $1 billion in new private-sector commitments to address the underlying conditions leading to migration in Guatemala, El Salvador and Honduras. The public-private partnership has generated more than $5.2 billion since May 2021 , the White House said.
Fact check : Joe Biden dropped out of presidential race but is finishing term
Elina Treyger , a senior political scientist at the RAND Corporation whose research includes migration and immigration enforcement, also said Harris' diplomatic role with the Central American countries "is in no way a 'border czar'-like position." Treyger said border policy involves many other issues such as enforcement policies, how to process migrants expressing fear of prosecution or torture and how to allocate resources at the border.
U.S. Border Patrol encounters with migrants at the southern border have soared under the Biden administration . Illegal crossings at the U.S.-Mexico border hit a record high of 2.2 million in 2022, and the number of people taken into custody by U.S. Border Patrol has reached the highest levels in the agency's history under Biden, the Washington Post reported .
After a bipartisan border security bill failed to advance in Congress, Biden issued a directive in June to turn away migrants who do not enter the country through legal ports of entry when the number of crossings is high.
Trump, the son of former President Donald Trump, did not immediately respond to a request for comment.
Our fact-check sources:
- Aaron Reichlin-Melnick , July 22, Email exchange with USA TODAY
- Andrew Salee , July 22, Email exchange with USA TODAY
- Elina Treyger , July 22, Email Exchange with USA TODAY
- White House, Feb. 2, 2021, Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border
- White House, Feb. 6, 2023, FACT SHEET: Vice President Harris Announces Public-Private Partnership Has Generated More than $4.2 Billion in Private Sector Commitments for Northern Central America
- White House, March 24, 2021, Remarks by President Biden and Vice President Harris in a Meeting on Immigration
- White House, June 25, 2021, Remarks by Vice President Harris, Secretary of Homeland Security Mayorkas, Chairman Durbin, and Representative Escobar in Press Gaggle
- White House, July 29, 2021, FACT SHEET: Strategy to Address the Root Causes of Migration in Central America
- White House, March 25, FACT SHEET: Vice President Harris Announces Public-Private Partnership Has Generated More Than $5.2 Billion in Private Sector Commitments for Northern Central America
- White House, July 2021, U.S. Strategy for Addressing the Root Causes of Migration in Central America
- Department of State, Aug. 1, 2023, Central America Forward
- The Washington Post, Feb. 11, Trump vs. Biden on immigration: 12 charts comparing U.S. border security
- U.S. Embassy in Honduras, March 25, FACT SHEET: UPDATE ON THE U.S. STRATEGY FOR ADDRESSING THE ROOT CAUSES OF MIGRATION IN CENTRAL AMERICA
- USA TODAY, July 17, Border security takes center stage at RNC. Here's the actual data under Trump, Biden
Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .
USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .
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IMAGES
VIDEO
COMMENTS
obligations relating to claims that may be assigned to you. Assigning (or transferring) an EQC claim If a property you are looking to buy has a claim with EQC, this claim can be transferred to you from the current homeowner. This process is called an assignment of claim. When an EQC claim is assigned, the new
1 An insurance company may have different requirements for assignment of claim documentation. ASSIGNING (OR TRANSFERRING) AN EQ - COVER CLAIM If a property you are looking to buy has a claim with Toka Tū Ake EQC, this claim can be transferred to you from the current homeowner. This process is called an assignment of claim.
Be aware that there is a difference between an EQC claim and a private insurance claim. Unless there has been more than $115,000.00 damage to the property, an EQC claim will relate to damage to the dwelling and a private insurance claim will relate to aspects outside of the dwelling like the paths and the driveways. Obtain information early on
TOKA TŪ AKE EQC CLAIMS MANUAL - RESIDENTIAL BUILDINGS i EQCover is changing due to amendments to the Earthquake Commission Regulations 1993. These changes take place on and from 1 Oct 2022 to and including 30 Sep 2023.
An indemnity can often work with eqc talk to your claim manager about providing a indemnity if the deed of assignment can't be sorted. Reply reply ... Transfer of the deed of assignment is part of the purchase and sale agreement, so the original owners could claim that the price that was agreed to when selling to the developer was based on them ...
If you have concerns with the decision made for your land claim, or you have new information that supports your concerns, you can ask us to review your claim. Contact us first to speak to one of our team about your concerns and the next steps. You might request a review if your concerns relate to the following: Visible land damage PDF - 6.7MB.
A homeowner will be provided with a Deed of Assignment of EQC Claim. This document is a formal deed which includes a number of warranties. It provides the insurer with the right to receive a transfer of homeowner's EQC payment and any other benefit accruing under the EQC claim. There are some points a homeowner should consider before making ...
Assignment of EQCover claims with natural disaster damage factsheet. If you are planning to buy a home, it is important to seek legal advice to understand your potential rights, benefits and obligations relating to claims that may be assigned to you. This Assignment of claims with earthquake damage factsheet outlines the assignment process ...
Assignment of insurance. EQC will allow the assignment of insurance claims from vendor to purchaser as a right as the insurance is connected to the land, rather than the individual owning the property. On the other hand, private insurance policies are connected to the owner and usually include a clause prohibiting the assignment of insurance. ...
the Natural Hazards Commission Toka Tū Ake by email at [email protected] or by post to NHCover Claims, PO Box 311, Wellington 6140. Claims. If you're buying or selling, learn how to make informed decisions, request claim information, transfer the benefit of a claim, and complete a Deed of Assignment.
Kris: Our understanding is that EQC have indicated that they will acknowledge and honour Deeds of Assignment between the seller of the house and the purchaser of the house, so that one of the clauses that a purchaser would want to see in a purchase contract is if there has been an EQC claim made, the vendor needs to undertake to assign that ...
While EQC agreed with the builder's and engineer's findings, as the current owner of Unit One had not had the EQC claim assigned to them, EQC were under no obligation to fix the substandard repairs. Thankfully this story has a happy ending. The adjoining unit owner in Unit Two had been living there since 2011 and held the original EQC claim.
EQC advises that payment of claims for land (where EQC considers its maximum liability has been reached) will be based on a professional valuation. In each case, EQC's excess is deducted off each land claim (if the claim is $5,000 or less, EQC will deduct an excess of $500. If the claim is more than $5,000, EQC will deduct 10% of the claim up ...
This process is called an assignment of claim, and is commonly done using a document called Deed of Assignment. Other situations such as change in a relationship, or the homeowner passing away may also result in a requirement to transfer the rights of a claim." ... As part of the sale you'll likely assign the EQC claims over to the new buyers ...
EQC claims, or parts of claims, transferred to a new owner give that person the same entitlements as the previous claim holder. This means the new owner will receive any remaining entitlement up to EQC's cap for a natural disaster event. ... Send your Deed of Assignment to EQC for processing: This will ensure they have you on file as a claim ...
Assignment of eqc claim Deed of trust - it is a written conveyance of real property that. — while slightly different from a mortgage, they are functionally nearly the same. Some states use deeds of trust instead of mortgages while. Multifamily deed of trust,. Assignment of leases and rents,.
The husband complained that the lawyer, Simpcox, failed to obtain a completed Deed of Assignment of EQC insurance claim before settlement in July 2016. He also complained that Simpcox failed to advise on private insurance claims, including damage to a drive and paths estimated to cost $40,000 to repair. Simpcox told the committee that the Deed ...
Assignment is the process where you, the assignor, transfer the rights and benefits under a contract to a new person, the assignee. You need to formalise this process in writing in some way, and you can use a deed of assignment to fulfil this requirement. There are a variety of situations you can use a deed of assignment in, so it is important ...
EQC may limit EQCover If your property is in imminent danger, EQC may limit the amount of EQCover. EQC may also limit EQCover where there has already been a claim for natural landslip damage (or storm or flood damage to the land). EQC may impose this limit where it thinks there could be further damage that could reasonably be, or have been,
Mets Claim Alex Young, Designate Tyler Jay. By Steve Adams | July 17, 2024 at 1:06pm CDT. ... Jay will have the right to reject an outright assignment in favor of free agency, as is the case for ...
Claims that President Joe Biden named Harris the "border czar" and that she is responsible for overseeing U.S. border enforcement gained prominence at the Republican National Convention as the ...
James Paxton, a veteran starting pitcher who brought stability to a needy Los Angeles Dodgers rotation this season, was designated for assignment Monday, with manager Dave Roberts saying, "It was ...
Former President Donald Trump made at least 10 false claims about Vice President Kamala Harris in his first campaign rally since she became the presumptive Democratic presidential nominee. Trump ...
Where land is unlikely to have "self-repaired" (and expert evidence may be required on this point), EQC should assess the extent of that damage. If qualifying land damage remains, EQC should either repair the damage of cash settle the claim. (iii) More minor land damage which appears to have "self-repaired".
Find out how to make a new claim, and about the usual claims process including assessment and cash settlement. We also offer guidance for buying or selling a home with previous claims, which includes asking us for claim information. Make a new claim. In most cases you should make new claims for natural hazard damage through your private insurer.
The Tampa Bay Rays have claimed right-handed pitcher Joel Kuhnel off waivers from the Milwaukee Brewers, the team announced Tuesday afternoon. The Brewers designated Kuhnel for assignment on Saturday.
outline the claims process so you know what to expect1. Your insurer will manage your EQCover claim from end to end and your claim manager will be your point of contact in all instances. Your insurer will be acting as an agent of EQC during the claims process and will be required to manage your claim in line with the requirements of the EQC Act.
The claim: Kamala Harris was 'put in charge of the border' A July 21 Instagram post (direct link, archive link) by Donald Trump Jr. blames Vice President Kamala Harris for the country's ...
Harris would visit Mexico and Guatemala in 2021 as part of that assignment, and she also paid a visit to the southern border in El Paso, Texas. ... Liberal media claims Kamala Harris was never ...
A strategy that could backfire Continued attacks on Harris' race or gender could ultimately backfire against Republicans, according to Glynda Carr, president of Higher Heights for America, a ...