DESTIN, FL —Florida business owners, residents and those impacted by the Gulf oil
catastrophe now have a more fair and secure process to document their claims
against BP following the Gulf oil spill, thanks to the latest efforts of
attorneys who represent them and continue to push BP to address the serious
problems that remain in the claims process.
The attorneys, following
weeks of negotiations with BP, have reached the following agreements with the
managing attorneys of BP Oil Spill Claims of Houston. The agreements extend to
claims filed in Florida and the other affected Gulf states:
1) A
claim, when made under the Oil Pollution Act, will be given a claim number; but
the 90-day window in which the claim is activated will only begin once a claim
with application substantiation has been verbally discussed with an adjuster
from BP.
2) BP
acknowledges that most claims being processed at this time are income
replacement claims.
3) With
business interruption claims, fixed costs such as vessel and hotel maintenance,
etc. must be documented.
4) For
businesses with a large number of employees who may have to be laid off, BP
would like to deal with the businesses and their attorneys for all of those
claims, and let the business be the contact with the employee.
5) Claimants with
lawyers will not be treated any differently than those without.
6) BP will maintain the
confidentiality of all claimants’ financial information.
7) BP has agreed to hire
more multi-lingual translators to process claims.
The Court
also indicated that BP should cooperate with plaintiff’s counsel in determining
whom to appoint as the independent mediator that BP announced yesterday would
be overseeing claims-payment process for damages caused by the Gulf of Mexico
oil spill.
“Because of our efforts,
we’ve gone from a completely arbitrary and verbal BP claims process to one
which requires a written form, guarantees of confidentiality for claimants’
financial information, and pledges that individuals who have retained legal
counsel cannot be discriminated against in the process,” said Attorney Stuart
Smith, Smith Stag LLC.
“These guarantees, made in
reaction to the pleadings of Louisiana fisherman, are extended to all U.S.
citizens and now strengthened thanks to the interests of Florida landowners and
businesses.”
Since May 15, attorneys
who are handling claims related to the Gulf oil spill recovery by property and
business owners in the Florida Panhandle, as well as fishermen in Louisiana and
Gulf Coast states, have sought a federal court and/or a “special master” to
provide oversight and guidance in the claims processing program initiated by
BP. The claims were filed as a result of damages and lost income due to
the expanding DEEPWATER HORIZON catastrophe.
“I am
very pleased that my attorneys have been able to advance this case so rapidly,”
said George Barasich, President of the
United Commercial Fisherman's Association. “Initially, BP said they were going
to give us $5,000 a month, but now they want all this information that isn’t
realistic to the way that we do our work. Our primary concern is, what
does BP consider to be a legitimate claim? Who is going to do the evaluation?”
The motion for court
supervision, or alternatively to appoint a special master or special master
over claims continues even though the federal court indicated that BP should
cooperate with plaintiff’s counsel. Due to the on-going court action, BP
decided to work with the fishermen’s attorneys to appoint an independent
mediator to oversee claims-payment process for damages caused by the Gulf of
Mexico oil spill.
As these
claimants continue to seek a “special master” in U.S. District Court, Eastern
District, BP agreed to add definition to its claims process, according to Mr.
Smith. He said negotiations with BP continue until a Special Master is
appointed.
Mr. Smith is working with
an association of affiliated attorneys from Texas to Florida representing the
United Commercial Fishermen’s Association, the Louisiana Environmental Action
Network and businesses impacted by the Gulf oil disaster.
He said
these and other issues will be discussed at seminars in Florida. These events
are:
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Wed. June 16
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5:30 p.m.
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Key Largo
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Marriott Key Largo Bay Resort
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Thursday, June 17
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5:30 p.m.
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Bonita Springs
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Hyatt Regency Coconut Point Resort
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