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BP Claim Discretionary Review of Appeal 2016-263: Entity not a claimant


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.

IT IS ORDERED that the request for discretionary review is hereby GRANTED. The claimant here is [XXXXX], an entity that did not come into existence until June 22, 2011, over a year after the Oil Spill. Claimant acknowledges that the subject hotel property has always been owned by a wholly separate legal entity, [XXXXX]. That being the case, any claim for losses as the owner of this property should be brought by the actual owner. What was before the Claims Administrator and is now before the Court, however, is the claim of a separate legal entity that has never owned the subject property and which did not own it at the time of the Oil Spill. The claimant entity was not in business nor operating as of the date of the Oil Spill as required by Claims Administrator Policy 362 v.2. The decision of the Appeal Panel is REVERSED, and the Claims Administrator’s denial is REINSTATED.

[Editor’s Note: This Order reverses the holding of the appeal panelist in Appeal 2016-263]


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  1. Crystal Brown says:
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    I filed a claim with b.p. that was denied what can i do?

  2. Joe says:
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    What about Policy 354?

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