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BP Business Economic Loss Claim Appeal 2017-504:Appeal Panel Decisions Reversing Tourism Designation for Jewelry Stores Causes Reversal of Tourism Award In This Claim

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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 is a fine jewelry store located in Zone A, Gulf Shores, Alabama. The criteria for Policy 495 were triggered and the AVM methodology was used to restate the P/Ls. The Administrator made an award which contained an off-set for prior payments. The sole issue on appeal is the Claimant’s contention that it should have been designated a Tourism business. This is another in the series of appeals contesting the Tourism designation related to fine jewelry stores. Initially, the Administrator designated these type stores as Tourism if they were located in a tourist traveled corridor. However, following numerous Appeal Panel decisions reversing those designations, the Administrator has changed course and does not grant the designation to fine jewelers.
This store is located in a high tourist visited beach area. It offers a line of beach themed jewelry but the price point for its wares is much higher than costume jewelry. It offers precious stones, pearls, gold and silver. BP points out that over a third of its total yearly revenue is earned in December when tourists are not flocking to the beach. Claimant submitted SWS of the mall owner who opined the Claimant’s store would not survive without the tourist shoppers and a guest book with city of origin of some customers from other states, but these cannot overcome the prior decisions of the Appeal Panel holding such stores have no meaningful proof they cater to the traveling public.

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