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BP Business Economic Loss Claim Appeal 2016-1723:SP Allocation of Tenant Reimbursements from Months Received to Annual Basis Allowed Under Policy 495

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Claimant, a commercial landlord in Birmingham,Alabama, appeals the denial of its BEL claim on the basis it failed to satisfy the causation requirements of Exhibit 4B of the Settlement Agreement. Claimant asserts the Settlement Program(SP) incorrectly reallocated claimant’s reimbursements from tenants (covering the costs of real estate taxes,utilities and maintaining common areas) from the months they were received and recorded to months throughout the year.Claimant contends it uses cash basis accounting and thus its entries were justified providing no basis to support the action taken by the SP and its application of policy 495.Claimant argues as a
result of this improper action it was unable to satisfy the causation requirements of Exhibit 4B.
A review of the record discloses that the expenses for which claimant was reimbursed were for costs incurred by claimant over the course of an entire year for the benefit of tenants who later reimbursed claimant. This panelist concludes that the adoption and application of policy 495 in the manner selected by the SP finds approbation in recent federal judicial pronouncements and thus proper. See e.g.,discretionary review decisions 2016-100 and 2016-540. There is no error. Accordingly,the decision of the Claims Administrator is affirmed and the appeal of claimant is denied.

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