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BP Claim Discretionary Review of Appeal 2014-683: All facilities of entity selling BP fuel are excluded


The following is a Discretionary Review Order issued by Judge Barbier pursuant to the Rules Governing Discretionary Court Review of Appeal Determinations. Judge Barbier’s rulings are binding on the Claims Administrator and the Appeal Panelists. 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.

This claimant, a corporation, operates several gas stations, at least one of which sells BP-branded fuel. It has filed this claim for one of its stations which sells only [another company’s] branded fuel. The Claims Administrator denied the claim, finding that Section of the Settlement Agreement excludes “any Entity selling or marketing BP-branded fuel, … .” The “entity” in this case is the claimant which does sell BP-branded fuel, although not at the location for which it is making this claim. The analysis, however, must be made at the entity level – not on a location-by-location basis. The decision of the Claims Administrator was correct and the Appeal Panel’s decision must be reversed.

[Editor’s Note: This Discretionary Review Decision involved Appeal 2014-683.]

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