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Filing a BP interim claim is one of possible steps over the next 3 years. Others include filing a BP final claim, filing litigation in appropriate courts, and/or submitting a claim through the Coast Guard as contemplated by the OPA. If interim claims are submitted, you may submit a final claim. The GCCF also offers a quick claim payment, with eligibility restrictions.
After November 23rd, 2010, individuals and businesses may file interim claims with the Gulf Coast Claims Facility ["GCCF"], established after the BP Oil Spill. These are not final settlements of claims against BP and others.
The procedural and other guidelines for these BP claims may be found on the GCCF website.
Submitting interim claims to the GCCF should be undertaken with a review of your operations and books by experienced, competent insurance loss professionals and counsel. Business income after costs-of-goods, and net income, may be cyclical over weekly, monthly and/or annual periods, and demonstrating and projecting sales but for the BP spill, and income losses due to the BP spill, is eased with the assistance of competent insurance loss professionals.
The GCCF expects BP interim claims to cover damages over no less than three month periods, i.e. quarterly. These interim BP claims may be filed up until August 23, 2013, and generally should be filed within 9 months of a quarter's close. Full releases as against BP and others are not required; each quarterly interim claim only covers past damages for that quarter.
You may also file a final claim at any time at or before August 23, 2013; BP final claims are forward looking, covering claims for future and past damages, and require a full release, settling all claims against BP and others.
After August 23, 2013, the GCCF will accept claims, meeting the requirements of the OPA for filing a claim with BP, but will not be issuing any further interim or final payments on claims.
Businesses depending on Gulf resources for fishery resources, such as restaurants have an obvious connection to the BP Oil Spill. The same may be said for seafood wholesalers, deep sea divers or tourist businesses located on the Gulf of Mexico, including hotels and motels. Any of these businesses should certainly consider reviewing their damages and submitting interim or final claims.
Though there are similar business structures and operations in any industry, each operation, and each location, will have unique elements that distinguish it from the competition. While there are common tools for projecting income and analyzing losses, each review is unique, and depends on a skilled interview with management, and an understanding of the operations -- therefore, choose wisely when you seek help filing an interim claim for lost income.
As with any fire, flood or other loss event, "how to" is founded on preparation and the advice you get. Here are some initial steps:
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The information you obtain at this site is not, nor is it intended to be, legal advice nor an implication of certification. Please consult an attorney for individual advice tailored to your own situation. Read more about that. | |
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