Re: BP agrees $20 billion spill claims fund - not a cap
Feinberg May Ease Test for BP Spill Claims Distant From Coast
<CITE class=byline>By Jim Snyder -<SCRIPT type=text/javascript>document.write(dateFormat(new Date(1284495024000),"mmm d, yyyy h:MM TT Z"));</SCRIPT> Sep 14, 2010 3:10 PM CT </CITE>
Kenneth Feinberg, administrator of the Gulf Coast Claims Facility. Photographer: Derick E. Hingle/Bloomberg
Kenneth Feinberg, responsible for compensating victims of the
BP Plc?s Gulf of Mexico oil spill, is encouraging restaurants and hotel owners to apply, even if their businesses aren?t within a few miles of the coast.
?I would propose that those who believe they have a valid claim, who have been harmed as a result of the spill, wherever they are located without regard to proximity, fill out a claim,? Feinberg said today at a meeting of the
Florida Restaurant and Lodging Association in Orlando.
Feinberg said he remained skeptical about the legal eligibility of businesses that are further from the coast, and he is concerned that basing reimbursement on proximity would drive more people to court and undercut a goal of the Gulf Coast Claims Facility to reduce litigation. The claims facility will be more generous than a court, Feinberg has said.
The issue of compensating Florida hotels and restaurants that say a drop in tourism tied to the spill has hurt their business is among the most contentious Feinberg faces. Attorney General
Bill McCollum, a Republican, said Feinberg is being more restrictive in setting eligibility than required by federal law in protocols for paying early claims.
Feinberg told restaurant and hotel owners today that he may set aside cash for their claims similar to the $60 million account set up for Realtors who lost sales and commissions tied to the spill. The money is being distributed through state real- estate trade groups and not the claims facility.
?I?ll try to find a way that we can avoid the courtroom,? Feinberg said.
16,000 Claims
The claims facility Feinberg runs is using the $20 billion escrow fund BP set up to avoid protracted legal fights. Since taking over on Aug. 23, Feinberg said
more than 16,000 claims have been paid for $175 million in emergency costs. He said 50,000 claims have been filed, with 2,000 duplicates and 3,000 lacking sufficient documentation to be paid.
Claimants can apply for emergency payments worth a total of six months of compensation until Nov. 23. After that, claimants will apply for final payments. To receive those checks, people and businesses will have to waive their rights to sue BP and possibly other companies involved in the spill.
Feinberg told the trade group the scope of the waiver was still being negotiated.
Pressure to pay claims from businesses not near the beach was primarily coming from Florida, which is the most dependent on tourism of the five states along the Gulf of Mexico, Feinberg said. He said attorneys general from other states have urged him not to deplete the $20 billion fund by paying claims far removed from the coastline.
?The challenge is to come up with some way that will satisfy you, will satisfy governors and attorneys general in five states, will satisfy me, and will satisfy everybody associated with Gulf Coast Claims Facility,? Feinberg said.
To contact the reporter on this story:
Jim Snyder in Washington at
jsnyder24@bloomberg.net.
http://www.bloomberg.com/news/2010-...t-for-bp-spill-claims-distant-from-coast.html