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BP Business Economic Loss Claim Appeal 2015-1332: To ignore Exhibit 4D would “bog claim process down”


The following is an Appeal Panel Decision issued pursuant to Section 6 of the BP Deepwater Horizon Economic & Property Damages Settlement Agreement and the Rules Governing the BP Appeals Process. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms.

Claimant filed this Business Economic Loss claim under the Settlement Agreement. The Settlement Program awarded $93,241.84, pre-RTP. BP appeals.

On appeal, BP complains that the Settlement Program’s accountants “Likely incorrectly classified Claimant’s ‘Truck Expense’ and ‘Vehicle Expense’ accounts as fixed expenses” when they should be variable expenses.

Claimant responds, the Settlement Agreement provides to the contrary in Exhibit 4D.

To accept BP’s argument would require the Settlement Program to ignore the clear and mutually agreed upon language of the Settlement Agreement. Moreover, it would require the Settlement Program to examine and possibly restate every expense line in every claim. Such a suggestion would bog the claim process down and significantly increase the cost of the claims process.

The Claimant’s Final Proposal is the amount of the Settlement Program award. It is the correct award and therefore prevails.

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