Gulf Oil Spill Webinar: Navigating the Claims Process (BP & Insurance Carriers)

With oil from the recent catastrophe in the Gulf reaching Florida 's coast line, now is the time to become informed on what your options are to protect your communities.

Join Becker & Poliakoff's Disaster Claims Recovery Team  Friday, June 25 at 3:00 - 4:00  PM EDT for a live web event, where you will learn about:

  • The BP claims process
  • The insurance claims process
  • How to spot the pitfalls that hinder recovery

Presenting from Becker & Poliakoff's Disaster Claims Recovery Team are John Cottle, Esq.  and  Sanjay Kurian, Esq.   The webinar will be moderdated by Cara Thomas, Esq.

 

 

John Cottle, Esq.

Sanjay Kurian, Esq.

Cara Thomas, Esq.

 There is no cost to participate.  Register today by using this link:

https://compx11.eventcenterlive.com/cfmx/ec/register/reg.cfm?BID=1&RegID=B53FB847

 

BP Claims Process for Damages from Deepwater Horizon Oil Spill

BP announced that it has accepted responsibility under the Oil Pollution Act of 1990 (OPA) and created a claims process for obtaining compensation for losses.    Even though oil has yet to hit Florida's beaches, condominium and other property owners have both lost income and incurred expenses as a result of the oil spill.  Click HERE to review the claims manual.  A word to the wise - think carefully before you accept compensation or sign any documentation supplied by BP.  You may inadvertently release BP from additional claims or damages.

BP bears responsibility for various categories of damages, such as:

 

  • Removal and Cleanup Costs
  • Property Damage
  • Subsistence Loss
  • Net Lost Government Revenue
  • Net Lost Profits/Earning Capacity
  • Costs of Increased Public Services; and
  • Natural Resource Damage

BP has reportedly paid out more than $3 million in damages to Floridians thus far.  The Miami-Herald indicated there are complaints about the lack of oversight regarding these claims, while BP's 40+ page claims manual states that the United States Coast Guard plays a "significant role". 

Condominium associations are not immune to losses and damages from the oil spill.  Many associations in the Panhandle area run in-house rental programs and/or collect revenue from an on-site rental agent to supplement annual budgets.   Moreover, associations are joining together to decide whether to devote funds to protect the beaches with barriers such as floating booms and the like.  Those types of efforts are expensive.

Attorneys John Cottle and John Townsend have been hard at work meeting with community association clients to discuss potential losses, the powers and duties of the association with respect to mitigation efforts, preserving evidence of loss and the claims process.  We strongly encourage community association leaders and managers not to bear the burden of this event without appropriate legal counsel.  One mistake and the next claim could be against you, instead of (or in addition to) BP.

You can find the state of Florida’s online resource for information about its response to the oil spill at http://www.dep.state.fl.us/deepwaterhorizon/default.htm
 

Task Force to Address Impact of Oil Spill

Governor Crist Issues Executive Order 10-01 Establishing Gulf Oil Spill Economic Recovery Task Force.

The Executive Order issued today is intended to facilitate efforts to recover for losses resulting from the oil spill.  The task force is in addition to the "pro-bono" legal advisory council chaired by former Attorneys General Bob Butterworth and Jim Smith.  The task force will:

  • Coordinate State efforts to assist affected business and industries;
  • Monitor BP's compensation and claims processes;
  • Gather data regarding economic losses and industry indicators;
  • Promote business and tourism; and
  • Disseminate information and communicate with affected parties.

The Attorney General's office also launched a deepwaterhorizon website to keep Floridians informed about the State's efforts.  Citizens are encouraged to prepare for losses and protect themselves from fraud.

Community associations need to be aware that several governmental agencies have jurisdiction over coastline/beachfront issues.  It may be necessary to secure permits from the Army Corps of Engineers (“ACE”) and/or the Florida Department of Environmental Protection (“DEP”) before taking any action. Violating regulations could result in serious consequences.

Condominiums, Gulf Coast Communities, Resorts & Businesses All Prepare for Losses from Oil Spill

Community Leaders, Management, Staff and Owners Must Act Now to Protect Their Investments, Livelihoods and Homes.

Gulf Coast communities have dealt with a lot of casualties over the years.  Many owners were displaced for years after Hurricane Opal.  Opal's 20 foot storm surges destroyed buildings and businesses.  While special assessments mounted to cover mitigation, repair and other costs, property owners & businesses that cater to community association management/vacation rentals lost their source of revenue - a double whammy.

Oil continues to gush into the Gulf of Mexico.  This disaster is as potentially damaging to the Gulf Coast communities as any hurricane or tornado.  News reports indicate an oil slick the size of Delaware hovers offshore and is likely to make landfall in significant amounts.  Gulf shore residents can expect tar on the beach, an ocean sheen, fish and birds washing up onto shore and more.  Needless to say, tourists are already canceling their plans to visit the Gulf Coast and business are showing signs of distress. While there are still a lot of unknowns, the effect of this spill on the environment and the economy on the northern Gulf Coast is certain to be devastating.  

Community leaders, managers, staff members & owners all have a role in minimizing losses.  Please, protect yourselves and your investments.  Implement your disaster plan and document all losses, including cancellations of vacation plans, beach clean up, damages to personal property and the like.

As with any catastrophic loss, Gulf Coast owners and residents can expect a mass influx of outsiders looking to benefit from this unfortunate event.  Contractors, public adjusters and yes, even attorneys, are likely to swoop down on the region.  BP created a claims process - anyone believe that the oil company is looking out for your best interests?

Becker & Poliakoff Attorneys have represented community associations in the Gulf Coast/Panhandle area for more than twenty (20) years.  Helping clients recover from casualty losses is one of our services.  Attorneys Ray Newman, John Cottle, Angela Chao Clark and John Townsend are already in the process of advising clients how to minimize their losses and prepare for the legal issues they will need to confront in the coming days, weeks, months - perhaps years.

John Cottle explained to Tallahassee Democrat publication that obtaining the remedies available under the federal Pollution Act of 1990, requires evidence of losses. Board Certified Construction Attorney Sanjay Kurian (a contributor to this blog) indicated that insurance claims are not easy or simple matters in an article published by the News Press.  His experience comes from helping community associations recover insurance proceeds from Hurricanes Charley, Jeanne, Francis & Katrina (among other cases).

Becker & Poliakoff has maintained a fully staffed office in Panhandle area since 1998, representing hundreds of community associations with respect to board/association operations, interpreting and enforcing covenants and restrictions, regulatory compliance issues, disaster recovery, insurance claims, construction disputes and more.

For more information on what you can do now to prepare, minimize your losses and ultimately recover for your damages, please visit www.hurricane-recovery.com.   We wish for the best for the Gulf Coast, surrounding areas and all of Florida.