Payment of Qualified Claims

Apex Fire Settlement

Class Action Litigation

April 2010:

Second group of checks for qualified Recommeded Zone class members approved and mailed.

Third group of claims for qualified Recommeded Zone class members submitted for review by counsel for EQ Industrial.

First group of claims for qualified Secondary Zone class members submitted for review by counsel for EQ Industrial.

First group of qualified Prior Payment claims submitted for review by counsel for EQ Industrial.

First group of qualified Business claims submitted for review by counsel for EQ Industrial.

Notice of Deficiency letters were mailed to Secondary Zone class members whose claims were missing an ID, did not answer all questions, and/or did not submit proper proof of evacuation (Hotel bill or a Notarized Affidavit from the person who provided lodging).

Notice of Deficiency letters are due to be mailed to Business class members whose claims were incomplete and/or did not submit proper proof of loss (ie. Tax returns, bank deposit statements, credit card transaction statements, payments to emplyees who could not work, etc.). Proof of loss documents must clearly show the amount of loss claimed on business claim form.

March 2010:

CHECKS FOR THE FIRST GROUP OF APPROVED PAYMENTS WERE DELIVERED TO THE US POST OFFICE ON FEBRUARY 16, 2010. ON MARCH 2, 2010 THE POST OFFICE NOTIFIED US THAT 1,496 CHECKS MAILED TO THE 27502 ZIP CODE HAVE BEEN LOST IN TRANSIT TO APEX. CHECKS TO OTHER ZIP CODES WERE RECEIVED AND DELIVERED.

WE HAVE NOW REISSUED ALL 1,496 LOST CHECKS AND THEY HAVE BEEN SENT BY OVERNIGHT DELIVERY TO THE STATION MANAGER AT THE APEX POST OFFICE. THE STATION MANAGER INFORMED US THAT THEY WILL DELIVER REPLACEMENT CHECKS ON THE NEXT REGULAR DELIVERY AFTER RECEIPT. WE EXPECT THAT THESE CHECKS WILL BE DELIVERED TO CLAIMANTS ON OR BEFORE FRIDAY, MARCH 5, 2010.

THIS ONLY INCLUDES RECOMMENDED ZONE CLAIMS PREVIOUSLY APPROVED FOR FUNDING AND PAYMENT BY COURT. THIS DOES NOT INCLUDE PRIOR PAYMENT, MISSING ID, INCOMPLETE FORMS, SECONDARY ZONE, OR BUSINESS CLAIMS. NOTICE OF DEFICIENCY HAS BEEN SENT IF YOUR CLAIM FORM IS INCOMPLETE. (SEE DETAILS ON DOCUMENTS PAGE)

Notice of Deficiency letters were mailed to class members whose claim from were incomplete or missing required documents (ie. Copy of ID, questions not answered, proof of evacuation for Secondary Zone, or proof of loss for Business claims).

May 2010:

3rd group of checks for Recommended Zone claims approved and mailed. (212 new claims - 2,041 paid - 43 unpaid)

1st group of checks for Prior Payment claims approved and mailed. (399 new claims - 399 paid - 38 unpaid)

1st group of checks for Business claims approved and mailed. (7 new claims - 7 paid - 177 unpaid)

1st group of Secondary Zone claims pending approval and funding by the court. (88 claims - 88 pending payment - 193 unpaid)

4th group of 39 Recommended Zone claims submitted for review by counsel for EQ Industrial. (4 claims remain deficient)

2nd group of 134 Secondary Zone claims submitted for review by counsel for EQ Industrial. (59 claims remain deficient)

2nd group of 35 Prior Payment claims submitted for review by counsel for EQ Industrial. (3 claims remain deficient)

Most remaining Business claims have or will be sent a Notice of Deficiency due to missing or incomplete proof of loss documents.

July 2010:

4th group of checks for Recommended Zone claims approved and mailed. (39 new claims - 2,080 paid - 4 unpaid)

2nd group of checks for Prior Payment claims approved and mailed. (17 new claims - 416 paid - 21 unpaid)

1st group of checks for Secondary Zone approved and mailed. (88 claims - 88 paid - 193 unpaid)

2nd group of checks for Secondary Zone approved and mailed. (132 claims - 220 paid - 61 unpaid)

2nd group of claims for Business pending approval and funding by the court.. (33 new claims - 7 paid - 144 unpaid)

Most remaining Business claims have or will be sent a Notice of Deficiency due to missing or incomplete proof of loss documents.