Following a resounding defeat in federal court for its appeal to take back what it said in its own settlement program, BP has no choice but to start accepting BP claims and resume the BP claim appeal process again.

BP has been attempting for more than a year to wheedle its way out of a certain clause in a settlement program that allowed businesses that lost income after the April 2010 BP oil spill in the Gulf of Mexico to make a business loss claim, even if the loss may not be a direct result of the oil spill. The section, and indeed the entire settlement agreement had been drafted and submitted for approval by BP itself. It appears that BP may have made some reckless promises they don’t intend to keep. But the federal courts are not inclined to let them do it. The 5th Circuit 3-panel judicial team said the settlement agreement remains as is.

BP had also tried to oust claims administrator (whom they appointed, by the way) Patrick Juneau, saying that he was misinterpreting the terms of the agreement and approving hundreds of millions of business loss claims. But according to a third-party audit by Chicago-based firm McGladrey LLP, the claims had been correctly processed and appropriately awarded. So it seems that BP will have to pay up after all.

However, according to the website of Williams Kherkher, BP has one ace up its sleeve; it can still challenge any claim to the settlement program which exceeds $25,000 and apply baseball rules to knocking down the figures or denying the claim outright. The BP claim appeal process is notoriously difficult to follow, so it is fortunate that there are BP claim appeal lawyers who focus on assisting those whose claims have been challenged.

If you have received a notice of appeal from the BP settlement program, you will be required to follow a strict appeal process. It would be advisable to get professional help to avoid losing a claim altogether for noncompliance.

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