Bp Claims Process

BP CLAIMS PROCESS

How do businesses and individuals suffering economic damage caused by the Deepwater Horizon oil spill submit claims for compensation?

The claims process established by BP seems fairly straightforward. BP has thus far set aside $20 billion to fund spill-related claims. The company has paid uncomplicated and small claims relatively quickly. As of June 24, 2010, roughly 7400 claims totaling $126 million have been paid.

Claims can be submitted by phone, mail, or online. BP uses a simple claim form, and specific forms for certain commercial fisherman. Claimants should generally file only one claim; if the nature or size of the claim changes in the future, a new claim is not needed. The original claim should just be updated. The size and complexity of a claim determine where it will be processed and how long it will take. Claims over $5,000, those based on complex accounting principles, and claims that are indirect or speculative in nature are handled by the company’s large claims division in Delaware. These types of claims take longer to process.

Simple and small claims are handled locally and (so far at least) have been paid relatively quickly, despite early criticisms that the claims process is moving too slowly. Since the recent establishment of the claim fund and a “push” from the federal government, the speed of the process seems to have improved.

Documentation of loss is the key to making a successful claim. Claimants must submit documentation to support their claims of economic loss and/or spill-related costs. Without legitimate documentation, claims will not be paid. Once a claim is created an adjuster will contact the claimant within a few days to discuss the claim and obtain necessary documentation. The adjuster will either recommend the claim’s approval or rejection, or ask for additional documentation or more information. The claim may be paid, or, if it is a large claim, routed to a local BP claims center, which will review the claim and recommendation and act accordingly.

D I S C U S S I O N

This memo is organized into 3 parts. The first part provides an overview of the Deepwater Horizon claims process. This includes a big-picture look at the process, and a look at specific issues that might arise during the process. The second part of the memo is written in question and answer form to anyone who might be a potential claimant. The final part of the memo contains the contact information and various claim forms available from BP needed to expedite the claims process. Parts two and three can be severed from the memo itself and given directly to clients as a helpful resource to assist them with the claims process.

Part One: BP Oil Spill Claims Overview

Background:

Initially BP was widely criticized for its handling of spill-related claims. The process was unorganized, lacked effective criteria for evaluating claims, and was universally considered frustrating and slow. The federal government demanded that BP “fix” the process, and threatened to take the process over if appropriate changes were not made. The result of the government’s intervention is the current claims process, and, initially at least, the process seems to be working much better.

On June 16, 2010, BP announced the creation of a $20 billion claim fund. The money in this fund can only be spent to satisfy legitimate claims stemming from the oil spill. So, for example, none of this money can be used to pay any fines or penalties that might be assessed to BP. The fund will be filled over a three-and-a-half year period, with $5 billion going in during the second half of 2010. The remaining amount will be funded by quarterly payments of $1.25 billion. $20 billion of the company’s U.S. assets have been set aside as “collateral” to guarantee the fund. As money is paid into the fund, a corresponding amount of collateral is released.

Importantly, the fund is not a cap on BP’s liability. If any of the fund remains after all legitimate claims are satisfied, it will revert back to BP. The Independent Claims Facility (ICF) has been established to handle the fund and all claims filed with BP. The ICF’s role is to administer the fund and pay all legitimate claims as they are decided and adjudicated, whether that decision is by a court of law or the ICF itself, or by agreement between BP and a claimant. Ken Feinberg, who handled the 9/11 victims’ fund and recently served as the Obama Administration’s “pay czar,” will oversee the ICF and the fund. Feinberg’s pay and costs for the ICF will be paid directly by BP; none of this money will come from the $20 billion claims fund. The ICF itself will adjudicate all tort claims and Oil Pollution Act (OPA) claims filed with BP, except for claims filed by governmental entities. Feinberg is responsible for deciding the standards by which claims will be judged. The 1990 OPA currently provides standards by which BP must make its claims determinations. Feinberg has said that the OPA standards are “very important” and “likely to be continued.” However, claims that are more indirect in nature will likely be measured by Louisiana tort law; if Louisiana legal principles would recognize a causal connection between the spill and a claim, that claim will be paid. Feinberg used the same “tort law” approach with the 9/11 victims fund, and was pleased with the results there. He has said publicly that a tort law approach “might be the best way to deal with [the oil spill].”

A panel of three judges will hear appeals of the ICF’s decisions. Claimants who are not happy with the ICF’s resolution of their claims retain all their legal rights. They can choose to take legal action or apply for relief from the federal Oil Spill Liability Trust Fund. However, a claim must be filed with the ICF before federal disaster relief assistance can be sought.

Feinberg promises to pay claims as quickly as possible, despite the increased risk of fraud that such an approach might create. The enormity of the disaster and its impact directed his decision. ABC news reports that the spill has affected almost every aspect of life for people who live and work along the Gulf Coast. According to Feinberg, the situation means that the ICF and BP must “err on the side of the claimant.”

Claims have been pouring in so far. As of June 19, 2010, BP had paid more than $104 million for 31,000 claims.1 By June 25, another 8,000 claims, and another $22 million, had been paid. To date, roughly 74,000 claims have been received, of which 39,000 have been paid. These numbers will continue rise for years; the spill is ongoing and more and more people are being affected each day. Lloyds of London estimates that net claims from the Deepwater Horizon explosion will end up costing between $300 million and $600 million. It seems, however, that these numbers might end up being low, based on the amount of claims already paid, and the fact that many claims will continue to be paid years from now. Other costs of the spill continue to mount as well.

BP announced that it has spent $2.35 billion so far on the oil spill, up $250 million dollars from the week before. These expenses include spill response, containment, drilling relief wells, grants to affected states, payment of claims, and federal government expenses. Just a month into the disaster, clean up costs alone exceeded $760 million. Analysts at Swiss Re Insurance Company estimate that total costs could end up being more than $12 billion, with three-fourths of that loss being borne by BP.

To its credit, BP has repeatedly stated its commitment to pay “all legitimate claims” stemming from the incident, for as long as the claims remain viable. BP has also

1 Roughly 65,000 claims had been filed, so just under half of the claims filed were paid at that time. stated that disputes between itself and two partners who co-own the leasehold where the disaster occurred will not impact BP’s promise to pay or the promptness of payments.2

The Claims Process:

Making a claim and/or receiving benefits as a result of that claim will not prevent a claimant from seeking relief in a court of law. It is not a waiver of rights or release of liability. According to BP’s online claim submission form,

No person asserting a claim or receiving payment for interim benefits will be asked or required to sign a release or waive any rights to assert additional claims, to file an individual legal action, or to participate in other legal actions associated with the Deepwater Horizon incident.

More than 1000 people have been hired to expedite claims, including 670 adjusters and 140 phone operators. As claims continue to climb, more hires are likely. Generally, claims can be made for the following types of damages caused by the oil spill:

• Oil Removal and Cleanup Costs • Real and Personal Property Damage • Subsistence (income) Loss • Net Lost Profits/Earning Capacity • Personal Injury • Natural Resource Damage • Net Lost Government Revenue (government entities only) • Cost of Increased Public Services (government entities only)

Payments may be made once for claims like property damage claims, or they may be ongoing in nature, such as monthly payments for lost wages or profits. BP has stated that such payments will continue for as long as needed – years if necessary. Interim and advance payments may be made in certain circumstances as well, before a claim is finalized or a payment program established. All claims for these types of advance payments will be evaluated within 48 hours of the time that BP receives documentation of the claim from the client.

This brings up a critical point: documentation is essential. The bigger and more complicated the claim, the more documentation is required. Documentation will consist of things like receipts, appraisals, estimates, income tax returns, wage statements, profit & loss statements, tax receipts, and other economic records that are typical to a

2 The terms of the lease shared by BP and its partners impose liability on all three parties. But, the partners are claiming that BP’s willful and negligent conduct on the oil rig relieve them from all liability stemming from the explosion. BP is not waiting on this dispute to be resolved; it is paying everyone’s share now. BP has essentially said that it will pay all legitimate claims, and then sue its partners to collect what it feels is their share of the responsibility for the incident. claimant’s industry. Larger and more complex claims are handled by a special office in Delaware, and will take longer to resolve than simple claims that are handled locally.

Claims can be made by phone, online, and by mail. Once the process is initiated, a claimant can visit a local claims office if he/she desires. Most claims are able to be handled via telephone, but sometimes face-to-face meetings are required. These typically are necessary when more documentation, or explanation, is needed. Typically, a person should only file one claim, which can then later be updated as circumstances or types of damages change.

Simplified, the claims process essentially works like this: A person calls or goes online to submit a claim. The claimant will typically receive a claim number via telephone or email within a few days of submitting the claim. An adjuster will contact the claimant to discuss the claim and documentation, and request any additional documentation that might be needed. This may be done via telephone or in person at a local claim center (most cases are handled via telephone). Once all documentation is provided and evaluated, the adjuster will recommend approving or denying the claim. The ICF typically follows the adjuster’s recommendation, providing payment for approved claims and an explanation letter for claims that are denied.

Mitigation of Damages:

This is another critical concept - it is important for claimants to remember that state law requires mitigation of damages in all situations where claims are filed. In layman’s terms, that means that claimants have to take reasonable steps to minimize the damage they suffer as a result of the oil spill. The key to mitigation is reasonableness: what would a reasonable person be expected to do in the same situation? If a claimant has the ability to mitigate, but fails to do so, his or her ability to recover, and the amount eventually recovered, could be affected.

A few simple examples will illustrate how mitigation works:3

• A boat owner docks his boat in an inlet where oil comes pouring in. The oil coats his boat, ruins the engine, and renders his boat worthless. It would have been simple for the owner to trailer his boat and haul it out of the water, keeping it safe from the oil. But, he left it there hoping to get a new boat as a result of the oil damage. He failed to mitigate damages, and will probably not be paid.

3 These are very simple examples only, based on likely outcomes under general contract law principles. They should not be relied on as legal advice, or used to plan one’s behavior or predict the outcome of any potential claim. • A man owns a beachfront condo, and despite his best efforts, it is damaged by the oil spill. Because he tried to protect his home and minimize the damage, he is likely entitled to receive the full amount of the damage to his home, and probably the amount of money he spent trying to protect it (the amount spent to mitigate). If he had refused to take simple steps available to protect his home (again, reasonable steps in terms of costs, labor, and time) he might only receive a portion of his claim.

• A fisherman loses his $20 per hour job on a shrimp boat because of the oil spill. He is offered another job, working as a freshwater fisherman nearby his home. The pay is only $15, but he decides not to take it. He files a claim for lost wages at $20 per hour. His claim succeeds, but only for $5 per hour, because he could have earned the remaining $15 at a comparable job without incurring hardship. What he should have done was accept the lower paying job, and then filed a claim for $5 per hour to make up for his lost income.

• The same fisherman loses his $20 per hour job on a shrimp boat. He is offered another job, but it is in New Jersey on a crab boat, many hours away from his family. It would not be reasonable for the law to require him to move across the country; he would not be required to accept this position in order to “mitigate” his damages. He could find another, lower-paying job closer to home, and submit a claim for the difference in wages lost.

• A shrimp boat captain loses $10,000 per week because he cannot fish as a result of the oil spill. Instead, he participates in the VOO program (discussed below) and receives $5,000 per week for his work. He has reasonably mitigated his damages, and can likely expect to receive his claim for the additional $5,000 per week of lost income lost as a result of the oil spill.

Vessels of Opportunity Program:

This program may be of interest to commercial boat owners affected by the oil spill, and is one way that damages may be mitigated, as just illustrated above. The Vessels of Opportunity Program (VOO) allows local boat owners and operators to assist in oil spill response activities such as supply movement, wildlife rescue, and deployment of containment and sorbent boom. In exchange, operators and crewmen are paid for their time on the water.

In order to participate in the program, operators and crew must meet key requirements, including a four-hour training program, Coast Guard inspection, and safety certification. Qualification alone, however, does not guarantee that a boat or crew will be used; the need for additional vessels has been somewhat limited. As needs change, residents will be informed of new training sessions. Boats and crews are paid at pre-agreed rates based on the size of the vessel. Pay consists of a daily base rate plus additional pay based on the boat’s schedule. Typically, boats scheduled for daytime work are paid for eight hours of work, and those scheduled for nighttime operations are paid for twelve hours. If boats are scheduled to work but not actually deployed, they will still receive payment as long as the boat reports for duty as requested. BP will handle any repairs needed during deployment, and decontamination of each vessel following completion of the vessel’s assignment.

Additional information on the VOO program can be found at www.deepwaterhorizonresponse.com, or by calling 866-279-7983 or 877-847-7470. Part Two: Explanation of the BP Claims Process.

What Kinds of Claims Can I File?

If you or your business has been damaged by the oil spill, you may be eligible to file a claim with BP to recover your net economic loss. According to BP’s website, the average time from the time a claim was filed to the time payment was made, as of early June, was 5 days for loss of income claims and 7 days from property damage claims. Kenneth Feinberg, who is overseeing the claims payment process, has said the Oil Pollution Act of 1990 (OPA) will continue to govern what claims are paid in cases where the oil spill directly caused the harm. Mr. Feinberg also noted that state tort law would likely come into play in cases where the harm may have been indirectly caused by the spill. BP has contracted with ESIS Corporation to handle the claims process under Mr. Feinberg’s oversight.

These are the general categories of claims that can be filed with BP:

• Removal and cleanup costs, including assessment, mitigation, and cleanup of spilled oil;

• Damage to personal and business real estate and other property caused by the oil;

• Commercial losses, including lost income, profits, and earning capacity, loss of rental income/cancellations, lost wages, and subsistence income loss;

• Damage to natural resources;

• Personal injury caused by the oil spill (the OPA does not require BP to pay bodily injury claims, but BP says it will evaluate each personal injury claim on a case-by- case basis).

Under the OPA, the following general principles guide the claims process. Generally speaking,

• The oil spill must be the legal cause of the claimed loss; • The claimed loss cannot be remote or speculative; • You must show proof/documentation of the claim; • You must take reasonable efforts to minimize the damage suffered; • When BP pays a claim, they will only pay for your net loss; • You will only paid once for any given loss – there is no double recovery. What is my Responsibility to Mitigate my Losses?

Mitigation of damages is a key legal concept that will impact the decision of whether and how much to pay any given claim. Essentially, as mentioned above, mitigation means that you must take reasonable steps to minimize or prevent your losses. If you don’t, you run the risk of having your payment reduced or not receiving payment at all. This is a general legal principle and applies in the courts as well.

Here are some very simple examples of the principle of mitigation at work: 4

• A boat owner docks his boat in an inlet where oil comes pouring in. The oil coats his boat, ruins the engine, and renders the boat worthless. It would have been simple for the owner to trailer his boat and haul it out of the water, keeping it safe from the oil. Instead he left his boat in the water hoping to get a new boat as a result of the oil damage. He failed to mitigate damages, and will probably not be paid.

• A fisherman loses his $20 per hour job on a shrimp boat because of the oil spill. He is offered another job, working as a freshwater fisherman nearby his home. The pay is only $15, but he decides not to take it. He files a claim for lost wages at $20 per hour. His claim succeeds, but he is only paid $5 per hour, because he could have earned the remaining $15 at a comparable job without incurring hardship. What he should have done was accept the lower paying job, and then filed a claim for $5 per hour to make up for his lost income. He is not required to accept just any job, or travel far from home or relocate to find work. But, he is required to make reasonable efforts to obtain local employment similar to the job that he lost.

• A family’s waterfront home is threatened by the oil; they do everything they reasonably can to protect the home, but it is damaged nonetheless. The family can recover the full amount of the damage, because they attempted to mitigate their loss. They also likely will recover the amount they spent on mitigation trying to protect their home. Their neighbor, who did nothing to protect his home, will likely receive less money, because he failed to mitigate. Instead of receiving the full amount of the damage to his property, he will only receive an amount equal to what the damage would have been if he had taken steps to minimize it.

Remember, the key to mitigation is reasonableness: What would a reasonable person do if they were put in the same situation? Mitigation generally does not require extraordinary steps, like relocating or traveling far distances to find employment or business opportunities. It does, however, mean taking reasonable steps to protect one’s property, and making reasonable attempts to find other similar sources of business or personal income.

4 These are very simple examples only, based on likely outcomes under general contract law principles. They should not be relied on as legal advice, or used to plan one’s behavior or predict the outcome of any potential claim. What if I have Multiple Claims?

Generally, it is only necessary to file one claim for each person or entity affected by the oil spill. For example, you can seek reimbursement for lost wages and property damage under the same claim. In most cases, this is how the claims process is handled. Even if your situation changes, so that more or a different type of damage occurs, a new claim is typically not necessary. All that is necessary is for you to update the existing claim, and provide the necessary documentation showing the new or additional damage. Claims adjusters can assist you if it becomes necessary for you file more than one claim.

There are some situations where multiple claims may be needed. If you are filing for lost wages for more than one person, a separate claim form should be filed for each person. If claims are filed for multiple vehicles, boats, or vessels, a single form can be used if all such vehicles belong to the same owner. If there are different owners, however, a separate form should be used for each owner. Finally, if you are reporting property damage to more than one real estate property, a separate claim form should be filed for each address reported.

How Do I File A Claim?

Claims can be filed with BP in several ways. The two fastest ways to submit a claim are by phone and online. You can also mail your claim or visit your local claim center. If you visit a claim center without previously obtaining a claim number, however, your claim will be delayed. They will probably send you home and ask you to come back a few days later after you have obtained a claim number online or via telephone. As you can see, telephone and online claim submissions are the best options for most people.

Telephone & Online Filing:

To file a claim via telephone, call BP at 1-800-440-0858; for TTY devices, dial 1- 800-440-0858.5 Once you call in, you will prompted to press “1” to report a new claim. If you don’t press “1,” you will be given another number to call for questions about existing claims. Once you press “1,” you will be connected to a BP representative. Interpreters are available. BP will ask you for the following information when you call:

• Your Name & Address • Primary phone number to contact you • Location of your loss – if known • Your Social Security number • Your Date of Birth • Your occupation

5 According to BP, current wait times to speak to an initial representative are averaging about 12 seconds. After you provide the above information, BP will then ask you what type of damage you are reporting. All damages that you report are recorded as factors of your loss. For example, damage to your boat is one factor; the resulting loss of income is another. As you can see, you may have one claim with multiple factors. The following types of information will be sought about the nature of each kind of damage that you report:

• For property damage, information will be sought about the type of property and how it was damaged, and the extent of that damage. As mentioned above, all damages are listed as factors. Thus, you may have one property damage claim, but multiple factors within that claim.

• For loss of income, information is sought about the nature of the income stream, proof that your loss was linked to the oil spill, and proof of historical income.

• For personal injury claims, BP will gather information about the nature of your injury or illness, as well as the name and address of any doctor or treatment facility that may have treated your injuries. Again, factors are used, and all symptoms are considered factors. So under your one injury claim, a broken leg would be one factor, and a broken wrist another; they would not be two separate claims.

Online Filing:

There are numerous websites where you can submit your claim online:

• www.bp.com/gulfofmexicoclaims

• www.bp.com/claims

• www.bp.com/claim

• www.al-response.com

Here is a screen shot of what the online claim form looks like. As you can see, it is very simple and straightforward:

* indicates a mandatory field. Your first name *

Your last name *

This claim is for: * Yourself A Business Other If 'Other', what is your relationship?

You are An Employee A Business Other Loss location name: *

Loss location street address *

City *

State * Alabama Florida Louisiana Mississippi Other If 'Other', provide State name below

Zip code *

Your email address

Your home phone number

Your work phone number

Your cell phone number

The best number to reach you is:

Home Work Cell Is your residence/mailing address different from loss location? Yes No If 'yes', please provide your street address:

City

State

Zip code

Are you An owner of this residence A tenant Other Claimant's first name *

Claimant's last name: *

Claimant's Social Security number

Claimant's date of birth

Claimant's occupation: *

Are you filing a claim for Bodily injury or illness Property damage Loss of income Please provide a description of any property damage and/or bodily injury and/or loss of income

If your car was damaged please provide the year, make and model

Please provide the vehicle's License Plate #

Please provide the vehicle identification number (VIN)

If your boat was damaged, was it a charter boat? Yes No If your boat was a charter boat, what is the size of the boat?

If your boat was a charter boat, what is the registration number?

Was your boat handmade? Yes No If your boat was handmade, what year was it made?

If multiple boats were damaged, how many boats were damaged?

Have you previously reported this claim? * Yes No Have you reported this claim to anyone else? * Yes No If yes, to whom was the claim reported?

Date of previous report

The above claim form is completed online. You provide the same information via the online form as you would over the phone. Once complete, you submit the form and a confirmation screen appears. Claims submitted online are checked against BP’s claims database to make sure there is no duplication.

After Your Initial Phone Call or Online Submission:

All of the information you provide is entered into BP’s claim system. A First Notice of Loss is created, reviewed by a claims manager and assigned to the appropriate claim center. Within a few days, you will receive a follow-up phone call (or email if you filed your claim online). At that time, a claim number will be assigned to you. It is critical that you keep this number and use it for all your future correspondence with BP. Three to four days after you receive this call, you will get a second phone call, this time from a claim adjuster assigned to your case.

The adjuster will work with you on your claim. During the initial phone call, the adjuster will discuss your claim and answer your questions, and inform you of the documentation that he or she needs to properly process and evaluate your claim. You will be able to fax the documentation to 1-888-873-6217, or bring it with you to meet an adjuster at your local claim center.

Once the documentation is received, the adjuster will review it and evaluate your claim. If the documentation supports your claim, you will be contacted and advised that your claim has been approved. Or, if the adjuster feels like more evaluation is needed, he or she will refer your claim to the BP Claims Authorization team, who will review or deny accordingly.

If your claim is approved, and you demonstrate financial hardship, an advance payment will be issued to you. BP will evaluate each claim on a case-by-case basis to determine whether advance payments are needed. These payments may continue as long as the hardship continues, but may also be stopped at any time. Arrangements are then made to deliver payment to you.

Throughout this process, if you have any questions or concerns about your claim, you can call 1-800-573-8249, which is a help number established specifically to answer questions about your claim. Additionally, at some point in the process, you will be required to present photo identification before you receive any payment on your claim. Claims By Mail:

If you choose, you can submit your claim by mail. But, this is not recommended; processing is much slower and you will lose however long the transit time is for your mail to get from your location to BP’s claim center in Delaware. However, if you still prefer to mail your claim, you can do so to the following address:

ESIS One Beaver Valley Road Wilmington, DE 19803

* * * *

Complex and Large Claims:

Some claims are so complex that more time and expertise is required to evaluate them. Additionally, claims over $5,000 are also given more scrutiny. Because of this, these types of claims are routed to a special office for processing:

ESIS Large Loss Team PO BOX 17160 Wilmington, DE 19850 (302) 476-6272 (fax)

Claims sent here are evaluated by adjusters working closely with accountants and lawyers. These types of claims are often based on complex economic predictions of loss or speculative projections of future earnings. These types of claims require additional documentation clearly supporting the loss and identifying the ultimate beneficiaries of businesses, and take longer to process. Large property damage claims may require an adjuster to perform on-site inspections.

Once the adjuster reviews your large and/or complex claim, he or she will recommend that BP approve or deny the claim. BP’s Claim Authorization team will then review the claim, and issue a check or a written explanation of why the claim was denied. In some cases, you may be asked or allowed to provide additional documentation to revive a denied claim. Documentation of Your Claim is Critical to its Success.

According to BP publications, the number one factor causing claims to be delayed is a lack of documentation. The kind of documentation that is required depends on the type of claim you make. Here are some common examples of the types of documentation that can be used to support your claim:

Loss of Income or Net Profits: This type of claim can be supported by documentation such as tax records, trip tickets, wage loss statements, deposit slips, boat registrations, copies of current fishing licenses, financial statements, individual tax returns, a letter from your employer stating you lost your job because of the oil spill, W-2s, check stubs or other proof of income over a 30- day period. If you are a deckhand or other worker on a “cash only” basis, you will need to provide photo ID, a copy of a pay stub or other document showing your earnings, and a phone number of your captain or manager who can verify your employment.

Property Damage Claims: This type of claim can be proven by photographs, and receipts for replacement or cleaning of damaged property, oil removal, and other costs related to the damage. Many of these small claims will be handled directly over the phone and allow you to submit your documentation following the phone call. Large property damage claims will likely require a claims adjuster to perform an on-site inspection of your damaged property.

Bodily Injury Claims: Even though these claims are not payable under the OPA, BP is evaluating them on a case-by-case basis. You can support these claims with medical records, medical bills, and pharmacy records.

Commercial and Large Loss of Income or Net Profits Claims: These category claims are very large claims, or claims that are based on complex economic calculations and predictions. It also includes claims where the damage may have been indirect, as opposed to direct. An example of this indirect claim is a hotel or restaurant who was not damaged by the oil, but still lost thousands of guests and patrons over the course of the summer because tourists stayed away from the nearby oil spill. As mentioned above, these are handled by special adjusters and other experts in Delaware. The following page contains examples BP gives of the types of documentation you need to provide for this category of claims. This list is not exclusive; you may have other records or proof that you can submit in addition to the items listed below. Commercial & Large Loss Claim Documentation:6

1. Federal income tax returns and all supporting schedules for the years 2007 – 2009. 2. Copies of letters of business cancellations caused by spill damage. 3. Financial statements for January 2007 through the present. 4. Statements from claimant or witnesses on how the spill led to loss of income or earning capacity, and an explanation of any earning anomalies. 5. Business plan and projections for the affected business as well as profits and economic forecasts of similarly situated business in the same industry. 6. Monthly income statements (profit & loss) by department with details of all revenues and expenses by category from January 2007 through the present. 7. Daily and monthly occupancy reports and rates by property from January 2007 through the present. 8. Monthly cancellation, reports/logs including the renter contact information, cancel date, anticipated arrival date, unit code and reason for cancellation from April 2010 to present. 9. State sales and lodging tax returns from January 2009 through the present. 10. Accounting of revenues and commissions paid or earned. 11. A sample of current agreements between the property management company and the unit owner. 12. Payroll journals reflecting gross wages by employee for each pay period ended March 15, 2010 through the present. 13. Description of accounting policies and a statement as to the basis of accounts preparation: is it cash, management, or stat accounts? 14. Any insurances the company may have already, e.g. business interruption insurance. 15. Information on any offsetting cancellation fee (e.g. returning 90% of rental to canceling customer and keeping a 10% cancellation fee). 16. Documentation, including accounting needs records, of actual revenue losses incurred, additional costs and expenses incurred, including costs to mitigate damage, and any discontinued expenses.

*If you have extended documented losses that are ongoing and last for a long period of time, you may be required to provide additional information and documentation to prove your losses are ongoing and continual.

6 BP Claims Processes booklet, revised June 2, 2010. What Else Do I Need to Know?

There are a few other important things that you need to know. First, by making a claim or receiving payment on that claim, you do not waive any legal rights, or your right to sue BP at a later date if you wish. Second, you can have an attorney represent you during the claims process. If you choose to have an attorney, keep the following things in mind:

• If you choose to have an attorney, it will not hurt your chances of a successful claim; BP will not treat you or your claim any differently. • If you have an attorney, you or they must notify BP that your attorney is involved. • Also, you must give BP written permission to talk to you without your attorney being present; otherwise, BP will only discuss your claim when your attorney is part of the conversation. State laws and legal ethics rule require this.

Third, BP has repeatedly stated that they will continue lost income payments for as long as they are necessary and supported by documentation. Thus, if you qualify, you may be entitled to payments until the spill is fully cleaned up. Fourth, BP has established a fraud reporting hotline. If you know of or suspect a fraudulent claim, you can report it to BP at 1-877-359-6281. Finally, BP’s website is an excellent resource at www.bp.com. Claim forms are available in English, Spanish, and Vietnamese, and translators are available if you need one. Part Three: Helpful Forms and Contact Information.

Claims Process Contact Numbers:

To file a claim: 1-800-440-0858 (TTY 1-800-572-3053)

Questions about your claim: 1-800-573-8249

Fraud Reporting Hotline: 1-877-359-6281

Other Helpful Numbers:

US Coast Guard Joint 1-985-902-5231 or 1-985-902-5240 Information Center:

To report injured wildlife: 1-866-557-1401

To report oiled shoreline: 1-866-448-5816

To request volunteer information: 1-866-448-5816

To offer to ideas or technology 1-281-366-5511 to help with the spill:

Medical Support Line: 1-888-623-0287 (If you feel ill due to the spill or have health-related questions)

Alabama Community & Claims Office Locations:

BP Claims Offices:

Bayou La Batre (Mobile County) 13290 N. Wintzell Avenue Bayou La Batre, AL 36509 Scott Lewis, Manager 1-800-573-8249

Dauphin Island (Mobile County) 1008 Alabama Ave. Dauphin Island, AL 36528 Paul Sonnier, Manager 1-800-573-8249

Foley (Orange Beach / Gulf Shores / Bon Secour / Baldwin County) 1506 North McKenzie Street (Hwy 59), Suite 104 Foley, AL 36535 Kevin Thibodeaux, Manager 1-800-573-8249

Gulf Shores/Orange Beach (Baldwin County) 24309 Perdido Beach Road, Suite 1 Orange Beach, AL 36561 Mike Barnes, Manager 1-800-573-8249

Mobile (Mobile County) 325 East I-65 Service Road South (Beltline Hwy), Suite 1 Mobile, AL 36606 Scott Listuon & Greg Wasinger, Managers 1-800-573-8249

Alabama Small Business Development Center Resources:

Baldwin EDA and Faulkner Regional Initiative

Gulf Coast Business Support Center Faulkner State Community College 3301 Gulf Shores Parkway, Room 105 Gulf Shores, AL 36542 Phone 251-968-3118 www.gulfcoastbsc.com

Contact: Ms. Jeannette Harris E-mail: [email protected]

Ed Bushaw, Gulf Shores Campus Director E-mail: [email protected]

SBA Disaster Loan contact at BSC location: Sandra Faubert 404-695-6667

SBA Disaster Team Locations and Contacts

Baldwin County

Harry Roberts Community Center 300 East 16th Street Gulf Shores, AL 36542

Regional Manager Grady Billinglea Phone 404-387-1680

Loan officers Norm Dault 404-387-3400 Hector Nieves 404-909-0725 Bill Hebbard 404-895-7353

Mobile County

Bayou La Batre Community Center 12745 Padgett Switch Road Irvington, AL 36544

Wendall Harrington 404-695-3589 Helpful Forms For Certain Claimants:

The following forms are provided here for your convenience. They are also available at the Gulf Response Page located at www.bp.com.

• Form For Claimants Represented by an Attorney

• Commercial Fisherman Claims Form

• Crabber Claims Form

• Oyster Lease Owner Claims Form

• Commercial Shrimper Claims Form FORM FOR ATTORNEY-REPRESENTED CLAIMANT

Important Information for Deepwater Horizon Oil Spill Claimants Represented By A Lawyer

You have told us that you are represented by a lawyer.

Any claimant may be represented by a lawyer in connection with their claim to BP. BP will not treat your claim differently if you are represented by a lawyer. However, if you are represented by a lawyer, BP is required to communicate with your lawyer rather than with you unless your lawyer authorizes BP in writing to communicate with you. Your lawyer may do so by faxing a written authorization to (302) 476-6272 or by e-mailing the authorization to [email protected]. If it is more convenient, your lawyer may instead use this form and fill out the information below and return it to BP, so that BP will know who to communicate with about your claim. We can not continue to communicate directly with you until we have the authorization of your lawyer.

My client, , has submitted a claim to BP Products & Exploration, Inc. (“BP”) in connection with the Deepwater Horizon oil spill. I (please check one of the options below)

will be representing my client in connection with the claim and therefore request that BP communicates with me. My telephone number is and my email address is .

will be representing my client in connection with the claim but authorize BP to communicate directly with my client.

will not be representing my client in connection with the claim and therefore BP should communicate directly with my client with regard to the claim.

Name of attorney (please print)

Signature of attorney

Date

- 42 -

COMMERCIAL FISHERMAN

CLAIMS FORM Commercial Fisherman Claims Form

NAME OF CLAIMANT

ADDRESS

TELEPHONE NUMBER

SOCIAL SECURITY NUMBER

STATE COMMERCIAL FISHERMAN LICENSE NUMBER(S): TX, LA, MS, AL, FL

IS THIS CLAIM FOR LOSS OF INCOME? □ YES □ NO

IS THIS CLAIM FOR DAMAGE TO A VESSEL(S) OR EQUIPMENT? □ YES □ NO

IF YES, WHAT IS THE NAME OF THE VESSEL(S)? ______

WHAT IS THE STATE VESSEL LICENSE NUMBER(S)? ______

DESCRIBE IN DETAIL THE NATURE OF DAMAGES CLAIMED. DESCRIBE THE DAMAGE TO THE VESSEL(S) OR EQUIPMENT. AND/OR DESCRIBE HOW YOUR INCOME HAS BEEN AFFECTED: ______

DEFINE THE AREA WITHIN WHICH YOU FISH THAT HAS BEEN AFFECTED BY THE OIL SPILL. ______

STATE THE AMOUNT OF CATCH AND/OR SALES OF FISH COLLECTED FROM THIS FOR THE PRIOR THREE YEARS. ALSO, PROVIDE THE DATE(S) OF CATCH SALE. ______

DO YOU HAVE RECORDS AND OR SALES RECEIPTS OF THE CATCH(ES)? □ YES □ NO

IF YES, ARE THESE RECORDS/RECEIPTS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

WHAT WAS THE AMOUNT OF INCOME YOU DECLARED ON YOUR TAX RETURNS FROM THE SALES OF FISH FOR THE PAST THREE YEARS?

2007 ______2008 ______2009 ______

ARE THESE TAX RECORDS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

ARE YOU CURRENTLY EMPLOYED AS A FULL-TIME COMMERCIAL FISHERMAN? □ YES □ NO

IF NO: WHAT IS YOUR OTHER EMPLOYMENT AND/OR OCCUPATION? ______WHAT PERCENTAGE OF YOUR INCOME IS DERIVED FROM THIS OTHER EMPLOYMENT? ______

SINCE APRIL 21, 2010, HAVE YOU ATTEMPTED TO FISH OUTSIDE OF THE AREA IDENTIFIED IN THIS CLAIM? □ YES □ NO

IF YES: PROVIDE LOCATIONS, AMOUNT OF FISH COLLECTED AND/OR SOLD FROM EACH LOCATION, AND INCOME DERIVED FROM THOSE SALES. ______

WHAT IS THE FULL AMOUNT YOU ARE REQUESTING FOR THIS CLAIM? ______

HOW DID YOU ARRIVE AT THIS FIGURE? ______

IS THIS CLAIM FOR ECONOMIC DAMAGES ONLY OR ALSO FOR PHYSICAL DAMAGES TO YOUR VESSEL(S)? □ YES □ NO

HAVE YOU ALREADY SUBMITTED THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

______

IF YES, PROVIDE THE NAME AND ADDRESS OF THE COMPANY OR AGENCY: ______

DO YOU PLAN TO SUBMIT THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

IF YES, PROVIDE THE NAME AND ADDRESS OF COMPANY OR AGENCY: ______

ARE YOU REPRESENTED BY AN ATTORNEY?

□ YES □ NO

IF YES, PROVIDE NAME AND ADDRESS OF YOUR ATTORNEY: ______

FISHERIES LOSS COMMERCIAL FISHERMAN File Checklist for Documentation

A. DAILY SALES JOURNALS

____DAILY SALES JOURNALS JANUARY 1, 2010-APRIL 21, 2010

____DAILY SALES JOURNALS JANUARY 2009-DECEMBER 2009

____DAILY SALES JOURNAL JANUARY 2008–DECEMBER 2008

B. SALES RECEIPTS

____VENDOR SALES RECEIPTS-JANUARY 2010–MARCH 2010

____VENDOR SALES RECEIPTS-JANUARY 2009-DECEMBER 2009

____VENDOR SALES RECEIPTS-JANUARY 2008–DECEMBER 2008

C. INCOME TAX STATEMENTS

____ 2010 FEDERAL INCOME TAX RETURN (profit/loss business)

____ 2009 FEDERAL INCOME TAX RETURN (profit/loss business)

D. LICENSE NUMBER(S)

_____COPY OF COMMERCIAL FISHERMAN’S LICENSE LICENSE #______

_____COPY OF COMMERCIAL GEAR LICENSE LICENSE #______

_____COPY OF COMMERCIAL VESSEL LICENSE LICENSE #______

ABOVE DOCUMENTATION IS A MINIMUM REQUIREMENT. IN SOME CASES, ADDITIONAL DOCUMENTATION MAY BE REQUIRED. IF YOU ARE UNABLE TO PRODUCE REQUIRED DOCUMENTATION, A WRITTEN EXPLANATION IS REQUIRED.

CRABBER

CLAIMS FORM Crabber Claims Form

NAME OF CLAIMANT

ADDRESS

TELEPHONE NUMBER

SOCIAL SECURITY NUMBER

STATE COMMERCIAL CRABBER LICENSE NUMBER: TX, LA, MS, AL, FL

STATE VESSEL LICENSE NUMBER: TX, LA, MS, AL, FL

STATE COMMERCIAL GEAR LICENSE NUMBER: TX, LA, MS, AL, FL

IS THIS CLAIM RELATED TO DAMAGE TO PROPERTY? □ YES □ NO IF YES, PLEASE COMPLETE PART A.

IS THIS CLAIM RELATED TO DAMAGE TO EQUIPMENT? □ YES □ NO IF YES, PLEASE COMPLETE PART A.

IS THIS CLAIM FOR LOSS OF PROFITS AND/OR EARNINGS? □ YES □ NO IF YES, PLEASE COMPLETE PART B.

PART A: DESCRIBE IN DETAIL THE DAMAGES TO PROPERTY OR EQUIPMENT: ______

HAVE REPAIRS BEEN MADE? □ YES □ NO

PART B: DESCRIBE IN DETAIL THE LOSS OF PROFITS AND/OR EARNINGS: ______

DESCRIBE THE NUMBER AND TYPES OF TRAPS YOU USE TO HARVEST CRABS: ______

IDENTIFY AS CLOSELY AS POSSIBLE WHERE YOUR CRAB TRAPS WERE PLACED (OR ATTACH A MAP): ______

HOW MANY CRAB TRAPS ARE INCLUDED IN THIS CLAIM? - ______

HOW MANY CRAB TRAPS HAVE NOT BEEN RECOVERED? ______

DID YOU SEE OIL IN THE WATER IN THE AREA OF YOUR CRAB TRAPS? □ YES □ NO

IF YES, ON WHAT DATE(S)? ______

DID ANYONE ELSE SEE OIL IN THE WATER ON THESE DATE(S)? □ YES □ NO

IF YES, PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF THOSE WHO SAW OIL IN THE WATER ON THESE DATES: ______

WHAT WAS THE AMOUNT OF HARVEST AND/OR SALES OF CRABS HARVESTED FROM THE AREA IDENTIFIED IN THIS CLAIM FOR THREE YEARS PRIOR TO THIS DATE?

AMOUNT(s) ______DATE(s) ______

DO YOU HAVE RECORDS OR RECEIPTS? □ YES □ NO IF YES, PLEASE ATTACH.

WHAT WAS THE AMOUNT OF INCOME YOU DECLARED ON YOUR TAX RETURNS FROM THE SALES OF CRABS FOR THE PAST THREE YEARS?

2007 ______2008 ______2009 ______

DO YOU HAVE RECORDS THAT SHOW YOUR EXPENSES RELATED TO YOUR CRABBING OPERATIONS?

□ YES □ NO

HAVE YOU EVER RECEIVED ANY TYPE OF DAMAGES SETTLEMENT OR OTHER PAYMENT REGARDING THE CRAB FISHERIES NAMED IN THIS CLAIM?

□ YES □ NO

IF YES: WHAT WAS THE AMOUNT OF THE SETTLEMENT OR OTHER PAYMENT? ______WHO PAID THE SETTLEMENT OR OTHER PAYMENT? ______

ARE YOU CURRENTLY EMPLOYED AS A FULL-TIME COMMERCIAL CRABBER? □ YES □ NO

IF NO: WHAT IS YOUR OTHER EMPLOYMENT AND/OR OCCUPATION? ______WHAT PERCENTAGE OF YOUR INCOME IS DERIVED FROM THIS OTHER EMPLOYMENT? ______

SINCE APRIL 21, 2010, HAVE YOU ATTEMPTED TO CRAB OUTSIDE OF THE AREA IDENTIFIED IN THIS CLAIM? □ YES □ NO

IF YES: PROVIDE LOCATIONS, NUMBER OF CRAB TRAPS USED AT EACH LOCATION, AMOUNT OF CRABS HARVESTED AND/OR SOLD FROM EACH LOCATION, AND INCOME DERIVED FROM THOSE SALES. ______

______

WHAT IS THE FULL AMOUNT YOU ARE REQUESTING FOR THIS CLAIM? ______

HOW DID YOU ARRIVE AT THIS FIGURE? ______

HAVE YOU ALREADY SUBMITTED THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

______

IF YES, PROVIDE THE NAME AND ADDRESS OF THE COMPANY OR AGENCY: ______DO YOU PLAN TO SUBMIT THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

IF YES, PROVIDE THE NAME AND ADDRESS OF COMPANY OR AGENCY: ______

ARE YOU REPRESENTED BY AN ATTORNEY?

□ YES □ NO

IF YES, PROVIDE NAME AND ADDRESS OF YOUR ATTORNEY: ______

FISHERIES LOSS COMMERCIAL CRAB FISHERMAN File Checklist for Documentation

A. DAILY SALES JOURNALS

____DAILY SALES JOURNALS JANUARY 1, 2010-APRIL 21, 2010

____DAILY SALES JOURNALS JANUARY 2009-DECEMBER 2009

____DAILY SALES JOURNAL JANUARY 2008–DECEMBER 2008

B. SALES RECEIPTS

____VENDOR SALES RECEIPTS-JANUARY 2010–MARCH 2010

____VENDOR SALES RECEIPTS-JANUARY 2009-DECEMBER 2009

____VENDOR SALES RECEIPTS-JANUARY 2008–DECEMBER 2008

C. INCOME TAX STATEMENTS

____ 2010 FEDERAL INCOME TAX RETURN (profit/loss business)

____ 2009 FEDERAL INCOME TAX RETURN (profit/loss business)

D. LICENSE NUMBER(S)

_____COPY OF COMMERCIAL FISHERMAN’S LICENSE LICENSE #______

_____COPY OF COMMERCIAL GEAR LICENSE LICENSE #______

_____COPY OF COMMERCIAL VESSEL LICENSE LICENSE #______COPY OF COMMERCIAL TRAP LICENSE FOR 2010 LICENSE #______

ABOVE DOCUMENTATION IS A MINIMUM REQUIREMENT. IN SOME CASES, ADDITIONAL DOCUMENTATION MAY BE REQUIRED. IF YOU ARE UNABLE TO PRODUCE REQUIRED DOCUMENTATION, A WRITTEN EXPLANATION IS REQUIRED.

OYSTER LEASE OWNER

CLAIMS FORM

Oyster Lease Owner Claims Form

NAME OF CLAIMANT

ADDRESS

TELEPHONE NUMBER

SOCIAL SECURITY NUMBER

OYSTER LEASE NUMBER(S): TX, LA, MS, AL, FL

PARISH/COUNTY OF RECORDATION AND DATE OF RECORDATION OF OYSTER LEASE(S): TX, LA, MS, AL, FL

HOW LONG HAVE YOU HELD THIS/THESE OYSTER LEASE(S)? ______

DESCRIBE IN DETAIL THE NATURE OF DAMAGES CLAIMED: ______

DID YOU SEE OIL IN THE WATER WITHIN THE BOUNDARIES OF YOUR OYSTER LEASE(S)? □ YES □ NO

IF YES, FOR EACH LEASE PROVIDE THE FOLLOWING: LEASE NUMBER, DATE(S) YOU SAW OIL IN THE WATER: ______

DID ANYONE ELSE SEE OIL IN THE WATER ON THESE DATE(S)? □ YES □ NO

IF YES, PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF THOSE WHO SAW OIL IN THE WATER ON THESE DATES: ______

LIST EACH LEASE AND THE CROP/OYSTER POPULATION OF MARKET-SIZED OYSTERS FOR EACH PRIOR TO APRIL 21, 2010: ______

HAVE YOU EVER HAD AN ASSESSMENT OF YOUR STANDING CROP/OYSTER POPULATION OF YOUR LEASE(S)? □ YES □ NO

IF YES, PROVIDE THE NAME OF THE PERSON(S) PERFORMING THE ASSESSMENT(S) AND THE DATE(S) OF THE ASSESSMENT(S). ATTACH COPIES. ______

HAVE YOU HAD AN ASSESSMENT OF YOUR OYSTER LEASE(S) SINCE APRIL 21, 2010. □ YES □ NO

IF YES, PROVIDE THE NAME OF THE PERSON(S) PERFORMING THE ASSESSMENT(S) AND THE DATE(S) OF THE ASSESSMENT(S). ATTACH COPIES. ______

DO YOU HAVE RECORDS AND OR SALES RECEIPTS OF THE HARVEST(S) FROM YOUR OYSTER LEASE(S)? □ YES □ NO

IF YES, ARE THESE RECORDS/RECEIPTS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

WHAT WAS THE AMOUNT OF INCOME YOU DECLARED ON YOUR TAX RETURNS FROM THE SALES OF OYSTERS FOR THE PAST THREE YEARS?

2007 ______2008 ______2009 ______

ARE THESE TAX RECORDS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

IDENTIFY ALL BUYERS OF OYSTERS FOR THE OYSTER LEASE(S) NAMED IN THIS CLAIM: ______

TO YOUR KNOWLEDGE, HAS A CLAIM EVER BEEN MADE PRIOR TO APRIL 21, 2010 FOR DAMAGES TO OR OYSTER MORTALITY REGARDING THE OYSTER LEASE(S) NAMED IN THIS CLAIM? □ YES □ NO

IF YES: WHAT WAS THE NATURE OF EACH CLAIM FOR EACH OYSTER LEASE? INCLUDE TYPE OF DAMAGE, DATE THE CLAIM WAS FILED, NAME(S) OF PERSON(S) FILING THE CLAIM(S), AND PARTY AGAINST WHOM THE CLAIM(S) WERE FILED: ______

HAVE YOU EVER RECEIVED ANY TYPE OF DAMAGE STATEMENT, RIGHT-OF-WAY SETTLEMENT, OR OTHER PAYMENT FOR ANY OYSTER LEASE(S) THAT IS/ARE PART OF THIS CLAIM? □ YES □ NO

IF YES, PROVIDE THE LEASE NUMBER(S), DATE OF THE SETTLEMENT, AMOUNT OF THE SETTLEMENT, AND FROM WHOM THE SETTLEMENT AND/OR PAYMENTS WERE RECEIVED: ______

WHAT IS THE FULL AMOUNT YOU ARE REQUESTING FOR THIS CLAIM? ______

HOW DID YOU ARRIVE AT THIS FIGURE? ______

HAVE YOU ALREADY SUBMITTED THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

______

IF YES, PROVIDE THE NAME AND ADDRESS OF THE COMPANY OR AGENCY: ______

DO YOU PLAN TO SUBMIT THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

IF YES, PROVIDE THE NAME AND ADDRESS OF COMPANY OR AGENCY: ______

ARE YOU REPRESENTED BY AN ATTORNEY?

□ YES □ NO

IF YES, PROVIDE NAME AND ADDRESS OF YOUR ATTORNEY: ______

FISHERIES LOSS COMMERCIAL OYSTER FISHERMAN File Checklist for Documentation

A. DAILY SALES JOURNALS

____DAILY SALES JOURNALS JANUARY 1, 2010-APRIL 21, 2010

____DAILY SALES JOURNALS JANUARY 2009-DECEMBER 2009

____DAILY SALES JOURNAL JANUARY 2008–DECEMBER 2008

B. SALES RECEIPTS

____VENDOR SALES RECEIPTS-JANUARY 2010–MARCH 2010

____VENDOR SALES RECEIPTS-JANUARY 2009-DECEMBER 2009

____VENDOR SALES RECEIPTS-JANUARY 2008–DECEMBER 2008

C. INCOME TAX STATEMENTS

____ 2010 FEDERAL INCOME TAX RETURN (profit/loss business)

____ 2009 FEDERAL INCOME TAX RETURN (profit/loss business)

D. LICENSE NUMBER(S)

_____COPY OF COMMERCIAL FISHERMAN’S LICENSE LICENSE #______

_____COPY OF COMMERCIAL GEAR LICENSE LICENSE #______

_____COPY OF COMMERCIAL VESSEL LICENSE LICENSE #______

ABOVE DOCUMENTATION IS A MINIMUM REQUIREMENT. IN SOME CASES, ADDITIONAL DOCUMENTATION MAY BE REQUIRED. IF YOU ARE UNABLE TO PRODUCE REQUIRED DOCUMENTATION, A WRITTEN EXPLANATION IS REQUIRED.

COMMERCIAL SHRIMPER

CLAIMS FORM Commercial Shrimper Claims Form

NAME OF CLAIMANT

ADDRESS

TELEPHONE NUMBER

SOCIAL SECURITY NUMBER

STATE COMMERCIAL SHRIMPER LICENSE NUMBER(S): TX, LA, MS, AL, FL

IS THIS CLAIM FOR LOSS OF INCOME? □ YES □ NO

IS THIS CLAIM FOR DAMAGE TO A VESSEL(S) OR EQUIPMENT? □ YES □ NO

IF YES, WHAT IS THE NAME OF THE VESSEL(S)? ______

WHAT IS THE STATE VESSEL LICENSE NUMBER(S)? ______

DESCRIBE IN DETAIL THE NATURE OF DAMAGES CLAIMED. DESCRIBE THE DAMAGE TO THE VESSEL(S) OR EQUIPMENT. AND/OR DESCRIBE HOW YOUR INCOME HAS BEEN AFFECTED: ______

DEFINE THE AREA WITHIN WHICH YOU COLLECT SHRIMP THAT HAS BEEN AFFECTED BY THE OIL SPILL. OR, DEFINE THE LOCATION OF YOUR STATIONARY NETS. ______

STATE THE AMOUNT OF CATCH AND/OR SALES OF SHRIMP COLLECTED FROM THIS FOR THE PRIOR THREE YEARS. ALSO, PROVIDE THE DATE(S) OF CATCH SALE. ______

DO YOU HAVE RECORDS AND OR SALES RECEIPTS OF THE CATCH(ES)? □ YES □ NO

IF YES, ARE THESE RECORDS/RECEIPTS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

WHAT WAS THE AMOUNT OF INCOME YOU DECLARED ON YOUR TAX RETURNS FROM THE SALES OF SHRIMP FOR THE PAST THREE YEARS?

2007 ______2008 ______2009 ______

ARE THESE TAX RECORDS AVAILABLE FOR OUR INSPECTION? □ YES □ NO

ARE YOU CURRENTLY EMPLOYED AS A FULL-TIME COMMERCIAL SHRIMPER? □ YES □ NO

IF NO: WHAT IS YOUR OTHER EMPLOYMENT AND/OR OCCUPATION? ______WHAT PERCENTAGE OF YOUR INCOME IS DERIVED FROM THIS OTHER EMPLOYMENT? ______

SINCE APRIL 21, 2010, HAVE YOU ATTEMPTED TO COLLECT SHRIMP OUTSIDE OF THE AREA IDENTIFIED IN THIS CLAIM? □ YES □ NO

IF YES: PROVIDE LOCATIONS, AMOUNT OF SHRIMP COLLECTED AND/OR SOLD FROM EACH LOCATION, AND INCOME DERIVED FROM THOSE SALES. ______

WHAT IS THE FULL AMOUNT YOU ARE REQUESTING FOR THIS CLAIM? ______

HOW DID YOU ARRIVE AT THIS FIGURE? ______

HAVE YOU ALREADY SUBMITTED THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

______

IF YES, PROVIDE THE NAME AND ADDRESS OF THE COMPANY OR AGENCY: ______DO YOU PLAN TO SUBMIT THIS CLAIM TO ANOTHER INSURANCE COMPANY OR GOVERNMENT AGENCY? □ YES □ NO

IF YES, PROVIDE THE NAME AND ADDRESS OF COMPANY OR AGENCY: ______

ARE YOU REPRESENTED BY AN ATTORNEY?

□ YES □ NO

IF YES, PROVIDE NAME AND ADDRESS OF YOUR ATTORNEY: ______

FISHERIES LOSS COMMERCIAL SHRIMP FISHERMAN File Checklist for Documentation

A. DAILY SALES JOURNALS

____DAILY SALES JOURNALS JANUARY 1, 2010-APRIL 21, 2010

____DAILY SALES JOURNALS JANUARY 2009-DECEMBER 2009

____DAILY SALES JOURNAL JANUARY 2008–DECEMBER 2008

B. SALES RECEIPTS

____VENDOR SALES RECEIPTS-JANUARY 2010–MARCH 2010

____VENDOR SALES RECEIPTS-JANUARY 2009-DECEMBER 2009

____VENDOR SALES RECEIPTS-JANUARY 2008–DECEMBER 2008

C. INCOME TAX STATEMENTS

____ 2010 FEDERAL INCOME TAX RETURN (profit/loss business)

____ 2009 FEDERAL INCOME TAX RETURN (profit/loss business)

D. LICENSE NUMBER(S)

_____COPY OF COMMERCIAL FISHERMAN’S LICENSE LICENSE #______

_____COPY OF COMMERCIAL GEAR LICENSE LICENSE #______

_____COPY OF COMMERCIAL VESSEL LICENSE LICENSE #______

ABOVE DOCUMENTATION IS A MINIMUM REQUIREMENT. IN SOME CASES, ADDITIONAL DOCUMENTATION MAY BE REQUIRED. IF YOU ARE UNABLE TO PRODUCE REQUIRED DOCUMENTATION, A WRITTEN EXPLANATION IS REQUIRED.

-4 APPENDIX 1:

BP CLAIMS PROCESS

FREQUENTLY ASKED QUESTIONS Frequently Asked Questions about the BP Claims Process

1. How do I file a claim?

Filing a claim is free, simple and can be done in several ways:

1. Call 1-800-440-0858 (TTY device 1 (800) 572-3053). The average wait time for a representative is about 12 seconds. 2. File a claim online at various websites, including www.bp.com/claims. 3. Visit one of the 26 BP claim centers; however, BP recommends that claimants first obtain a claim number by calling the toll free line. This will avoid delays. 4. Mail a claim to ESIS, One Beaver Valley Road, Wilmington, DE 19803. 5. Claims that are of large monetary value or are based on complex economic predictions of loss should be sent to ESIS, One Beaver Valley Road, Wilmington, DE 19803. These claims will be handled by specialized claim adjusters with the assistance of accountants and other claims professionals.

2. What if I have questions regarding a claim, who can I contact?

To check on the status of a claim or if you have not heard from a claim adjuster, you can call 1-800-573-8249. Please be prepared to provide your name, address, and claim number so that the claim can be more easily located.

3. What types of damages can I file a claim for?

BP will pay all legitimate claims for damages resulting from the oil spill and necessary response costs. This includes:

• Property damage • Net loss of profits and earning capacity • Loss of Subsistence or natural resource damage • Necessary removal and cleanup costs

BP also will evaluate all claims for bodily injury even though they are not payable under the Oil Spill Pollution Act of 1990.

4. What types of businesses and profit loss is BP paying for?

BP will look at the loss of income or net profit associated with a business that is directly affected by the oil spill. We need information about the nature of the income stream, evidence of historical income, and evidence of the link between the loss and the incident.

June 17, 2010 5. What do I need to file a claim

You will need to provide photo ID and documentation supporting your loss. BP is striving to ensure the claims process is as simple as possible.

• Individuals filing a claim for lost income can do so with a tax return or W-2, whatever will show what their previous income was over a 30-day period.

• Deckhands and others that work on a “cash only” basis also can submit claims. They will need to provide a photo ID and a copy of a pay stub or another document showing how much money they earn. They also will need to provide a phone number for their captain or manager to confirm employment.

6. Who can file a claim?

Individuals and businesses can file claims to cover the loss of personal income, the loss of net business profits, and/or damages to personal or business property because of the Deepwater Horizon Incident and oil spill. BP is committed to paying all legitimate claims.

7. If I have different types of damages, should I file more than one claim?

You should only file one claim. You can report different types of damages on the same form with the same claim number. Multiple claim numbers will delay the review of the claim. Claim adjusters will help you deal with any exceptions.

8. What types of documentation do I need to show my losses?

Loss of income or net profit claim documentation can include: • Tax records • Trip tickets • Wage loss statements • Deposit slips • Boat registrations • Copies of your current fishing license • Financial statements

Commercial economic loss claims may require additional business specific records.

Property damage claims can require photographs and replacement or cleaning receipts.

June 17, 2010 Larger property damage claims may require on-site inspection by a claim adjuster.

Loss of rental claims can include prior occupancy rates, cancellations, tax records, and bookkeeping records.

Bodily injury claims are not payable under the Oil Pollution Act of 1990; however, BP will evaluate each bodily injury claim submitted on a case-by-case basis. You will need to provide medical records, medical bills, or pharmacy records to support the claim.

9. I am out of work due to the oil spill, can I file a claim?

Yes

10. I filed a claim with BP, what’s next?

You will be contacted with a claim number and then contacted by a claim adjuster to discuss your claim. You will be asked to provide documentation supporting your claim.

11. I filed a claim for loss of income and BP provided me with payment last month, what about this month?

If you were given an interim advance payment for loss of income or net profits before June 1, you are eligible for a second payment. The second interim advance payment will be for the same amount as the first payment you received.

Individuals and businesses will receive their second payment about 30 days after their initial advance payment was received. For example, if you received a payment on May 15, you will receive a second interim advance payment about June 15. Checks will be mailed to you along with a letter that is printed in four languages -- English, Spanish, Vietnamese, and Khmer. It is important that you read that letter when you get it.

If you are receiving your first interim advance payment in June, the claims center will communicate with you about any further possible payments.

12. What size of a loss does BP consider to be a “large loss claim?”

Claims that are of large monetary value, generally more than $5,000, or are based on complex economic predictions are considered large loss.

13. What is BP’s process for handling large loss claims? (Detailed steps needed)

Large loss claims need to be sent to ESIS Large Loss Team, One Beaver Valley Road, Wilmington, DE 19802. These claims will be handled by experienced claim adjusters

June 17, 2010 with the assistance of accountants and other claims professionals. Financial documents supporting the claimed loss and identifying the ultimate beneficiary of the business should be provided with the submission. BP’s Claims Process manual which can be found on bp.com/claims has an appendix section that includes acceptable documentation by industry.

After the file is reviewed and the current loss is determined by the adjuster, a recommendation for an advance payment is forwarded to BP Claims authorization team for approval. If approved, the adjuster will fill out a payment request form and forward it to the claims processing center, where a check will be issued.

The check will be sent to the mailing address of the business unless other arrangements are made. If BP does not accept the advance recommendation, it will return the file with an explanation of why the request was denied. In certain cases, the additional supporting documentation may be submitted for further review.

14. Will I have advance payment so that I can pay my monthly expenses on time?

We will work as quickly as possible to expedite your claim. Please promptly file a claim and have documentation ready for your conversation with a claim adjuster. As of early June, for those claims already paid to individuals, the average time for a payment from “claim filed to paid” was 5 days for loss of income and 7 days for property damage. All documentation needs to be received for efficient handling of claims. Complex claims take longer to evaluate.

15. For how long can I expect to receive payments from BP for loss of income?

Our focus has been on helping fishermen, small businesses and others who are not able to work until the spill is cleaned up, by making payments to replace income lost due to the spill. These payments will continue for as long as needed.

16. For how long can I expect to receive payment from BP for loss of profits?

BP is committed to paying all legitimate claims for damages resulting from the oil spill and necessary response costs. Our focus has been on helping fishermen, small businesses and others who are not able to work until the spill is cleaned up, by making payments to replace income lost due to the spill. These payments will continue for a long as needed.

June 17, 2010

17. I am receiving unemployment benefits. Can I still file a claim for loss of income?

BP is committed to paying all legitimate claims for damages resulting from the oil spill and necessary response costs. If you have a legitimate claim, you should file a claim. We recommend you discuss any questions about unemployment benefits with the state.

18. I am receiving payment under the Vessels of Opportunity program; will this affect my loss of income claim?

Those who participate in the VOO Program can file claims for damages or lost income due to the Deepwater Horizon Incident and the spill in the Gulf of Mexico.

19. I filed a loss of income claim with BP. Will I receive any information about employment opportunities from BP?

No.

20. I have questions regarding my BP claim. Who can I contact?

21. I don’t understand the claims forms. Who can I contact?

If you don’t understand documentation forms, you can call your claim adjuster or call 1- 800-573-8249, a toll-free line dedicated to those who have already filed a claim. If you have not filed a claim yet, please call 1-800-440-0858 (TTY device 1 (800) 572-3053).

22. My claim is too complex for the forms. What should I do?

Contact the claim center at 1-800-440-0858 (TTY device 1 (800) 572-3053) to file your claim. The staff will help you, give you a claim number and then a claim adjuster will contact you. You can discuss your claim with the adjuster.

23. English is not my first language, are there translation services available?

Some of the claim offices are staffed with translators including the following:

June 17, 2010

For Vietnamese:

• Bayou LaBatre, AL • Bay St. Louis, MS; Biloxi, MS • New Orleans , LA • Boothville-Venice, LA • Gretna/Belle Chase, LA

For Spanish:

• Bayou LaBatre, AL • Bay St, Louis, MS • Orange Brach, AL • Mobile, AL • Bay

For Khmer

• Bay St. Louis, MS

BP community offices also have translators. Additional translators will be provided as needed at claims centers. For an updated list, please see the web site www.bp.com/claims.

Forms are available in Spanish at http://www.bp.com/iframe.do?categoryId=9033798&contentId=7062408

In Vietnamese at http://www.bp.com/iframe.do?categoryId=9033799&contentId=7062420

24. I am a business owner and my business is losing profits due to the spill, can I file a claim?

Yes

25. How quickly can I expect payment after I file a claim?

The single biggest issue holding up claims is the lack of documentation. We recommend you file a claim, get your claim number and then arrange to meet a claim adjuster to discuss your specific case. Submitting documentation for your claim is very important.

June 17, 2010 We encourage business owners to review the BP Claim Process guidelines that can be found at bp.com/claims. Complex claims take longer to settle.

26. I just started my business this year. What should I do?

Talk to your assigned claim adjuster to discuss this issue. You need to file a claim to get a claim adjuster assigned to you.

27. I had to close my business due to the spill. Will BP pay to get my business back into operation? If not, what kind of compensation can I expect?

You need to work with your claim adjuster who will discuss your specific claim and what types of documentation are needed to support your claim.

28. How will BP determine the size of my loss of income payment?

The documentation that you submit will be used to calculate the loss of income. If you have questions about what documents you need, please talk with your claim adjuster.

29. How will BP determine the size of my loss of profits payment?

The amount of the payment will depend on the documentation you submit. If you have questions about what documents you need, please talk with your claim adjuster.

30. How will BP determine the size of my property damage payment?

You will need to submit information that supports the claim, such as photographs and replacement or cleaning receipts. Larger property damage may require on-site inspection. These will be used to help determine the amount of the payment.

31. If I file a claim for current losses, can I file another claim for additional losses next month?

You do not need to file a second claim if you have already received a payment for loss of wages. If the loss is new or pertains to some other type of loss, please discuss your situation with your claim adjuster. Most people need to file only one claim form. You may, however, be required to supplement your documentation.

32. What is the difference between “loss of income” and “wage loss” claims?

June 17, 2010 Loss of income could refer to a number of sources of income, while wage loss refers to an individual’s employment. 33. My neighbor received a larger payment that I did. How is BP determining the amount for initial “advance” payments?

The advance is not based on actual income, and you may receive supplemental payments if documented losses are larger than the amount of the interim advance payment.

34. I haven’t heard back on my claim. What should I do?

35. I have asked an attorney to represent me. Can I still file a claim?

Yes. BP will treat claimants represented by attorneys the same as claimants proceeding without the assistance of an attorney. You and your attorney may prefer that you deal with BP or its adjusters directly. In that event, your attorney must consent in writing. Your attorney must complete a form found at bp.com/claims or a letter of representation to ESIS, Inc., Fax: 1 (302) 476-6272, or by mail with instructions on approved communication to: ESIS, Inc., One Beaver Valley Road, 1 West, Wilmington, DE 19803.

36. If I disagree with the amount of payment I received for my claim, what can I do?

You retain all legal rights if you are not satisfied with BP’s resolution of your claim.

37. What is BP doing to publicize its claims phone line numbers and claims office locations?

BP has engaged in extensive efforts to publicize its claims process and the claims telephone line and other mechanisms to access the process. BP has placed advertisements in local newspapers in the four states and publicized a claims website link in addition to the telephone number. BP also has placed television and radio advertisements in local and national markets publicizing claims information.

BP personnel have conducted town hall meetings and met with political leaders at every level of government. BP has opened 33 field offices across the states, sent personnel to each state to establish a local liaison between the communities and Unified Command response organizations and to assist communities in filing claims. BP has conducted

June 17, 2010 hundreds of press interviews about the process. As a result of these efforts, BP has received about 59,000 claims (as of June 17).

38. What services are available at the claims office locations?

Claims centers have been established to help individuals and businesses with the claims process. You may visit one of the 33 BP field offices; however, we recommend that you first obtain a claim number by calling toll free, 1(800) 440-0858 (TTY device 1 (800) 572-3053). You will be able to meet with a claim adjuster after you are assigned a claim number. Claim center locations can be found online at www.bp.com/claims.

39. If I file a suit against BP, will BP take any negative action against me?

No, although BP reserves the right to defend any lawsuit filed against it.

40. Does BP have oversight for the claims process?

Yes, the United States Coast Guard oversees the Claims Process

41. Will BP pay all business fixed costs that are not actively utilized due to the oil spill?

Claim adjusters are available to talk to individuals and businesses about their situation. We recommend you file a claim, get your claim number and then arrange to talk with a claim adjuster to discuss your specific case.

Frequently Asked Questions for Local and State Governments

1. What is the process for local and state governments to file a claim?

States, parishes, counties and local government and other political subdivisions that have incurred expenses responding to the Deepwater Horizon Incident and oil spill will have a separate dedicated process. Government entities should call (302) 476-7732. All government claims will be handled by a specialized team and will be given high priority. More detailed information can be found at bp.com/claims.

2. What types of damages can local and state governments file a claim for?

The categories below are intended to provide guidance to Local Government Entities regarding how the Government Entity Claims Team will consider different types of claims regarding their compensability under OPA.

June 17, 2010

• Net Costs of Increased or Additional Public Services -- Compensable costs include additional administrative costs, costs of additional personnel, and other out-of-pocket costs incurred for material and equipment that are incurred by a Local Government Entity as a result of its response to the Deepwater Horizon Incident.

• Response and Removal Costs -- All direct spill response operations, to the extent they have not already done so, will fully transition to the Unified Command. For this reason, claims for future Response and Removal Costs by Local Government Entities as part of the Government Entity Claims Process will decrease over time and eventually be unnecessary. Should a Local Government Entity intend to undertake or anticipate undertaking future response or removal actions, BP urges the Local Government Entity first to coordinate its efforts with the Federal On-Site Coordinator (FOSC) and Unified Command by contacting the Operations Section Chief or Deputy Incident Commander of the Unified Command Center.

Response and Removal Costs to be considered for reimbursement are those costs incurred by a Local Government Entity to prevent, minimize, or mitigate impact to natural resources within its jurisdiction from the Deepwater Horizon Incident, including both preventative and clean-up measures. Response and removal costs must be reasonable, necessary, and consistent with the National Contingency Plan.

• Lost Revenue -- Lost revenue claims to be considered for reimbursement include claims for revenue lost from taxes, royalties, rents, fees, and net profit shares that a Local Government Entity was unable to collect, and unable to mitigate, as a direct result injury, destruction, or loss or property or natural resources resulting from of the Deepwater Horizon Incident.

Additional information can be found in the BP Claims Process manual at bp.com/claims.

3. What types or levels of governments are eligible to file a claim?

States, parishes, counties and local government and other political subdivisions that have incurred expenses responding to the Deepwater Horizon Incident and oil spill

4. How are claims evaluated?

June 17, 2010 Entity must maintain appropriate supporting documentation and provide BP reasonable access to those records.

June 17, 2010

5. What types of documentation are required for government claims?

BP requests that Local Government Entities intending to submit claims for reimbursement through the Government Entity Claims Process submit a list of costs incurred to date that includes a description of the activity, an explanation for why the activity was necessary in connection with the Deepwater Horizon Incident, and supporting documentation.

For guidance on the documentation that should support a claim for reimbursement, please call 1(302) 476-7732. This number is dedicated exclusively to the handling of Government Entity Claims. As described below, all requests for pre-approval of proposed expenditures or actions and, where appropriate, advance payment, associated with response to the Deepwater Horizon Incident should be made pursuant to a budget that has been submitted to and reviewed by BP’s Government Entity Claims Team.

Requests for pre-approval of Response and Removal Costs and other direct spill response operations will be directed by the Government Entity Claims Team to the Operations Section Chief or Deputy Incident Commander of the Unified Command Center.

6. If governments have ongoing damages or expenses due to the oil spill, how are continuing payment processed? What do government officials need to provide?

The goal is to maximize pre-approval and, where appropriate, advance payment of compensable costs under the Oil Pollution Act of 1990 (“OPA”) and minimize uncertainty regarding reimbursement of expenses incurred by Local Government Entities, thereby easing cash flow burdens on those Local Government Entities.

For all parties’ convenience, each budget submitted after the first budget should include an accounting of costs actually incurred for the preceding budget period and should be compared (and documented) against the budget, with the new advancement request adjusted accordingly.

June 17, 2010

7. What timeline can government officials expect for claims to be processed?

All claims by Local Government Entities will be handled by a specialized team and will be given high priority.

8. Who can government officials contact with questions regarding claims?

Government officials should call 1 (302) 476-7732. This number is dedicated exclusively to the handling of Government Entity Claims.

9. I am an official with a county or parish, can I file a claim directly with BP or do I need to work with my state’s government?

Please file a claim for reimbursement directly by sending it by mail or fax to ESIS Government Entity Claims, P.O. Box 17160, Wilmington, DE 19850. Local Government Entities may also submit claims by phone by calling 1(302) 476-7732.

10. If local government officials are not satisfied with the claims process or payment provided, what can they do?

Government officials should call 1(302) 476-7732. This number is dedicated exclusively to the handling of Government Entity Claims.

June 17, 2010 APPENDIX 2:

BP CLAIMS PROCESS

HANDBOOK

BP CLAIMS PROCESS

Subject: Deepwater Horizon Incident

Date: 2 June 2010 (rev)

Report Topic: Description of Claims Process

TABLE OF CONTENTS

1. INTRODUCTION ...... 2 2. PROCESS STEPS...... 3 2.1 Claim Intake – By Phone...... 3 2.2 Claim Intake – Online...... 4 2.3 Claim Assignments...... 5 2.4 Field Claim Center – Adjuster Workflows...... 6 2.5 Large Loss Claims ...... 7 2.6 Government Entity Claims Process...... 7 3. REPORTING FRAUD...... 11 APPENDICES ...... 12

1. INTRODUCTION

BP has been designated as a responsible party under the Oil Pollution Act of 1990 (“OPA”) and has accepted that designation. BP will carry out its responsibility under OPA and will pay all necessary response costs and legitimate claims for damages recoverable under OPA that were caused by the oil spill from MC 252 following the Deepwater Horizon Incident on April 20, 2010. BP will pay claims consistent with the law and will be guided by the relevant statutes and regulations, including the United States Coast Guard’s guidelines addressing claims compensability and claims handling procedures. Throughout, BP aims to be efficient, practical, and fair.

This document describes the claims process that has been established by BP to intake and process legitimate claims arising from the Deepwater Horizon Incident. Because OPA is the premise under which the claims process has been established, BP is directed by OPA and USCG guidelines when assessing claims. Under OPA, BP must pay specific categories of damages caused by the spill including:

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

The United States Coast Guard has a significant role in overseeing BP’s Claims Process in addition to being responsible for the National Pollution Fund. The Coast Guard has developed detailed specific guidance for determining whether a claim is legitimate under OPA. The Coast Guard has nearly twenty years of experience in evaluating OPA claims. BP intends to rely on that experience and is guided by several general principles:

 The oil spill must be the legal cause of the alleged loss.  The alleged loss cannot be remote or speculative.  The claim must be substantiated.  Reasonable efforts must be taken to mitigate the loss.  When BP pays a claim, the payment will be for net loss.  A given loss will be paid for once. There will be no double recovery.  BP will be efficient, practical, and fair.

All claimants have a responsibility to make reasonable efforts to avoid or minimize losses from the oil spill. Additional expenses related to avoiding or minimizing losses by a claimant can be included in the claim as additional expenses. The claimed amount of direct loss will be adjusted for extra expenses and/or income related to avoidance/minimization efforts.

In addition to the specific categories of damages covered by OPA, claims adjusters are also documenting claims for alleged bodily injury caused by the oil spill. Although claims for bodily injury are not compensable under OPA, BP is committed to evaluating each claim for bodily injury submitted through the claims process on a case-by-case basis.

2. PROCESS STEPS

2.1 Claim Intake – By Phone

A dedicated, toll-free telephone number has been established and published for individuals to call and report a claim, 1-800-440-0858.

Callers are prompted to press #1 to report a new claim. If the caller does not press #1, but stays on the line, he/she will hear a message telling him/her to call 1-800-573-8249 with questions regarding a previously reported claim.

 Callers who press #1 are greeted by an intake professional.

o The intake professional inquires if this is the first time the caller has called to report a claim. This helps to ensure that the claimant is not reporting his/her claim twice.

o If the caller requires an interpreter to report the claim, the intake professional launches a conference call with the AT&T Language Line to obtain the information needed to report the claim.

 Using a prepared script, the caller is asked to provide:

o Name* o Address* o Location of loss – if known o Primary contact number* o Social Security number o Date of birth o Occupation *Mandatory for claim data entry at intake

 Callers are then asked what type of damage they are reporting.

o For Property Damage claims, information is gathered about the nature of the damage. All damages are recorded as factors. An individual may have one property damage claim, but can have more than one factor, e.g., individuals who own several rental properties or a boat owner who claims loss of income in addition to damage to the boat.

o For Loss of Income claims, information is gathered about the nature of the income stream, proof of historical income, and proof of the loss linked to the incident, e.g., a boat captain provides fishing license, boat registration, and proof of income.

o For Bodily Injury claims, information is gathered about the nature of the claimed injury or illness. All symptoms are recorded as factors. An individual will have

only one Bodily Injury claim, but may have several factors. The individual is asked if he/she sought medical treatment. If he/she has received treatment, the name and address of the doctor or treating facility is obtained and added to the report.

 The Claim Intake data is entered into the system.

 After all information has been recorded, the claimant will receive a follow-up phone call providing a claim number. The claimant is informed that an adjuster will contact him/her within three to four days.

2.2 Claim Intake – Online

BP has developed a website for the online reporting of claims. Users will be able to access this site through one of the following URLs:

 www.bp.com/gulfofmexicoclaims  www.bp.com/claims  www.bp.com/claim  www.fl-response.com*  www.ms-response.com  www.al-response.com*  www.la-response.com *Due online in the near future

Please note, additional URLs may be added to this list.

 Users are able to complete an electronic claim form. Information requested is the same information that would be requested if the individual had called the toll free claim number to report his/her claim.

*** Initially, the claim submission will be in English, though versions of the claim form in Vietnamese and Spanish are forthcoming.

 Once all required fields within the online form have been completed, the individual submits the claim. Once the submission is complete, a notification screen will appear to inform the individual that he/she will receive a claim number via email or telephone contact within three to four days.

 The claim forms are automatically submitted to the processing center. They are checked against the claims database to confirm the claimant has not previously reported the claim. New claims then become part of a centralized database, and the claim form is transmitted to an electronic mailbox for assignment.

 A claim number is assigned and communicated to the claimant via email or telephone contact.

2.3 Claim Assignments

 For those claims reported via telephone, the paper Claim Intake Form is scanned into the system. For those claims reported online, the information is automatically transmitted in its original electronic format.

 The Claim Intake Form is entered into the data base creating a First Notice of Loss (FNOL), which is electronically transferred to a dedicated mailbox for claim assignment.

 Upon receipt of the claim(s), a Claim Manager reviews the claim(s) and assigns the claim(s) to the appropriate State Team. Complex claims are assigned to the Large Loss Unit (see Section 2.5).

 The manager from the State Team then assigns the claim(s) to the appropriate adjuster based on the complexity and type of claim(s). The adjuster contacts the claimant to discuss his/her claim(s), confirming contact information and advising the claimant of the documentation required to support the claim.

Below are examples of typical documentation requested to support claims:

o Loss of Income Claims The information requested to support an economic loss claim can include tax records, trip tickets, wage loss statements, deposit slips, boat registration, and a copy of claimant’s current fishing license. Commercial economic loss claims may require additional business specific records to support the claim. The information requested to support a loss of rental claim can include prior occupancy rates, cancellations, tax records, and bookkeeping records.

o Property Damage Claims Minor property damage claims can often be handled over the phone with the subsequent submission of supporting information, e.g., photographs and replacement or cleaning receipts. Larger property damage claims may require on-site inspection by a claims adjuster.

o Bodily Injury Claims The information requested to support a bodily injury claim can include medical records, medical bills, and pharmacy records.

 The adjuster tells the claimant that he/she can fax (888.873.6217) the documentation or bring the documentation and meet with the adjuster at the most convenient Claim Center to them.

o If the documentation is faxed, the adjuster will review the documentation upon receipt. If the documentation supports the claimant’s loss of income claim or other damages, the claimant is contacted and advised of the issuance of an advance payment. Arrangements are made to deliver the advance payment to the claimant. If further evaluation of the claim is required, the adjuster will

contact the BP Claims Authorization team, who will review the claim and approve or deny accordingly.

o If the claimant indicates that he/she would prefer to bring the documentation and meet with an adjuster, the claimant is provided with the address of the Claim Center closest to his/her residence. The claimant is advised to gather and bring the required documentation to the field office.

2.4 Field Claim Center – Adjuster Workflows

Upon arrival at a field location, a claimant signs in at the front desk and meets his/her adjuster to discuss his/her claim.

Adjusters meet with the claimant individually to review the claim. If a translator is required, the claimant can be accompanied by his/her own translator or translators will be provided by BP.

 The adjuster asks the claimant if he/she is represented by an attorney. If the claimant answers affirmatively, the claimant is advised that his/her claim will not be treated differently, but that BP is required to communicate with the attorney unless that attorney provides written authorization to BP that direct communication with his/her client is permissible. The adjuster will offer to the claimant a form (see Appendix 7) to assist the attorney in providing written authorization. This particular form is not required, but direct communication with the claimant is forbidden without some form of written authorization from the attorney. If the claimant’s attorney does not provide this authorization, the attorney must pursue the claim on behalf of the claimant. An attorney is not necessary to submit a claim to BP, and attorney’s fees are not reimbursable under OPA. Each claim will be individually evaluated, and payments will be made on an individual claim basis. BP will not make mass or group payments.

 The adjuster will confirm all information on the claim form and ask for a legal form of identification, e.g., drivers license, passport, etc. The adjuster will make a copy of the identification and it becomes part of the claim file. All claims require photo identification to support the identification of the claimant.

 The adjuster reviews the documentation presented by the claimant to determine if it is sufficient to support the claim. Copies of the supporting documentation also become part of the claim file.

 If the adjuster determines that the documentation provided by the claimant supports an advance payment, an advance will be authorized and arrangements will be made to deliver the advance payment to the claimant. Advance payments will be made to claimants demonstrating financial hardship resulting from the oil spill. BP will evaluate each claim to determine whether an advance payment is appropriate and will continue making advance payments on an interim basis based on continued demonstration of financial hardship. Advance payments by BP should not be viewed as binding precedent that BP will continue to pay or reimburse any particular claims in the future.

 Claimants may be asked to provide additional information to support claim(s). If claimants have queries during the processing of the claim(s), they will be encouraged to call a toll-free number (800.573.8249), which is dedicated to handling such queries.

All claims require a claim number in order to be processed. Claimants must log claims online or call the toll-free phone number as described above to obtain a claim number. In the event a claimant comes to a claim center without a claim number, the claim process is explained. The claimant is provided with the toll-free number or advised to visit the online website to file his/her claim.

2.5 Large Loss Claims

Claims that are of large monetary value or are based on complex economic predictions of loss should be routed to:

ESIS Large Loss Team PO Box 17160 Wilmington DE 19850

FAX: (302) 476-6272

These claims will be handled by experienced claim adjusters with the assistance of accountants and lawyers. Financial documents supporting the claimed loss and identifying the ultimate beneficiary of the business should be provided with the submission. A list of acceptable documentation by industry is attached. The adjuster will review the documentation provided and request additional supporting information as needed.

After the file has been reviewed and the current amount of loss is determined by the adjuster, a recommendation for an advance payment is forwarded to the BP Claims authorization team for approval.

If BP approves the requested payment, the adjuster will fill out a payment request form and forward it to the claims processing center, where an automated check will be issued. The check will be sent to the mailing address of the individual or business unless other arrangements are made.

If BP does not accept the advance recommendation, it will return the file with an explanation of why the request was denied. In certain cases, additional supporting documentation may be submitted for further review.

2.6 Government Entity Claims Process

This process provides guidance to parishes, counties, local governments, and sub-units of those governments who administer separate budgets (“Local Government Entities”) and have or may incur costs in responding to the Deepwater Horizon Incident. BP has been working

closely with Local Government Entities on the Deepwater Horizon Incident response, and this document is intended to provide guidance regarding the types of costs that BP will reimburse or advance where appropriate (“Government Entity Claims Process”). All claims by Local Government Entities will be handled by a specialized team and will be given high priority. Claimants other than Local Government Entities should refer to the document entitled “BP Claims Process Guidelines for Individuals and Businesses” for guidance on filing claims.

For guidance on the documentation that should support a claim for reimbursement, please call (302) 476-7732. This number is dedicated exclusively to the handling of Government Entity Claims. As described below, all requests for pre-approval of proposed expenditures or actions and, where appropriate, advance payment, associated with response to the Deepwater Horizon Incident should be made pursuant to a budget that has been submitted to and reviewed by BP’s Government Entity Claims Team.

Local Government Entities should mail or fax claims for reimbursement through the Government Entity Claims Process to the following:

ESIS Government Entity Claims Team PO Box 17160 Wilmington DE 19850

FAX: (302) 476-6272

Local Government Entities may also submit claims by phone by calling (302) 476-7732.

Each month (or shorter period if required due to rapidly changing conditions), Local Government Entities should provide BP with a budget of all similar anticipated future costs associated with the proposed expenditures or actions for which the Local Government Entity seeks pre- approval and, where appropriate, advance payment. The goal is to maximize pre-approval and, where appropriate, advance payment of compensable costs under the Oil Pollution Act of 1990 (“OPA”) and minimize uncertainty regarding reimbursement of expenses incurred by Local Government Entities, thereby easing cash flow burdens on those Local Government Entities. For all parties’ convenience, each budget submitted after the first budget should include an accounting of costs actually incurred for the preceding budget period and should be compared (and documented) against the budget, with the new advancement request adjusted accordingly.

The Government Entity Claims Team will review requests for reimbursements or pre-approval of proposed expenditures or actions and/or advances when presented. BP will have the right to audit reimbursements or the basis of advances. The Local Government Entity must maintain appropriate supporting documentation and provide BP reasonable access to those records. A Local Government Entity’s submission of claims for reimbursement to BP or requests for pre- approval of proposed expenditures or actions and/or advance payments through the Government Entity Claims Process shall not constitute a waiver by the Local Government Entity for claims for reimbursement of any other costs compensable under OPA. In addition, pre-approval of proposed expenditures or actions, advances, and/or payments by BP should not be viewed as a binding precedent that BP will pre-approve, advance, or reimburse any particular claims in the future.

The four categories below are intended to provide guidance to Local Government Entities regarding how the Government Entity Claims Team will consider different types of claims regarding their compensability under OPA. The Guidelines are intended to be illustrative, not inclusive of all costs in each category.

Costs of Increased or Additional Public Services

 Compensable costs include additional administrative costs, costs of additional personnel, and other out-of-pocket costs incurred for material and equipment that are incurred by a Local Government Entity as a result of its response to the Deepwater Horizon Incident.

 Compensable costs do not include ordinary administrative, personnel, or equipment/material costs (including costs to upgrade equipment) that the Local Government Entity customarily incurs and would have incurred regardless of the Deepwater Horizon Incident.

 Compensable costs are not expected to include leases or major capital purchases for things such as buildings, vehicles, or equipment unless otherwise pre-approved by BP.

Response and Removal Costs

BP anticipates that all direct spill response operations, to the extent they have not already done so, will fully transition to the Unified Command. For this reason, BP anticipates claims for future Response and Removal Costs by Local Government Entities as part of the Government Entity Claims Process will decrease over time and eventually be unnecessary. Should a Local Government Entity intend to undertake or anticipate undertaking future response or removal actions, BP urges the Local Government Entity first to coordinate its efforts with the Federal On-Site Coordinator (FOSC) and Unified Command by contacting the Operations Section Chief or Deputy Incident Commander of the Unified Command Center.

If a Local Government Entity has to date incurred Response and Removal Costs due to actions that (1) have not yet been reimbursed by BP, and (2) were performed in coordination with the FOSC or with BP, such costs should be submitted to and will be paid under the Government Entity Claims Process. Local Government Entities should include documentation indicating that the Response and Removal Costs were coordinated with the FOSC or BP.

If a Local Government Entity has to date incurred Response and Removal Costs due to actions that were not coordinated with the FOSC or BP, then the Local Government Entity should submit claims for costs to BP through the Government Entity Claims Process and include an explanation for why the costs were necessary for the Deepwater Horizon Incident response or removal and were consistent with the approved Area Contingency Plan or other approved efforts already planned, performed, or underway by or at the direction of the Unified Command.

Lost Revenue

 Lost revenue claims to be considered for reimbursement include claims for revenue lost from taxes, royalties, rents, fees, and net profit shares that a Local Government Entity was unable to collect, and unable to mitigate, as a direct result of the Deepwater Horizon Incident.

Costs BP Are Likely to View as Non-Reimbursable

 Non-reimbursable costs, in addition to those mentioned above, may include those costs that were, in fact, not incurred as a direct result of the Deepwater Horizon Incident or that were not reasonably necessary to respond to the Deepwater Horizon Incident.

 Examples of costs that BP may view as non-reimbursable costs include:

- costs for equipment, personnel, or materials that BP reasonably determined to have been duplicative of similar costs that the Local Government Entity would have had reason to know were being incurred by another Federal, State, or Local Government Entity as a result of the Deepwater Horizon Incident;

- costs that constitute ordinary additions or upgrades to equipment or materials that are required for the Local Government Entity’s normal day-to-day functioning;

- costs that were already budgeted by the Local Government Entity before the Deepwater Horizon Incident (except for the additional costs of expediting acquisition of equipment, personnel, or materials in order to insure timely response to the Deepwater Horizon Incident);

- costs not reasonably related to a legitimate Local Government Entity function or responsibility that is required to be met as a result of the Deepwater Horizon Incident.

 In all cases for which BP determines that it considers a cost to be non-reimbursable, BP is committed to good-faith discussions with the Local Government Entity regarding the reasons such costs were incurred.

* * * * BP will notify the Local Government Entities in writing if this process is revised or modified.

3. REPORTING FRAUD

BP has established a Fraud Reporting Hotline (1-877-359-6281)

The public is encouraged to report suspected fraudulent claims. The toll free number will be posted at all claim centers. The fraud hotline is staffed by operators working for the Special Investigation Unit. All potential claims of fraud, waste, or abuse will be investigated by a dedicated Special Investigation Unit, and where appropriate, submitted to authorities. Anyone submitting false claims may be subject to civil and criminal prosecution under Federal law.

APPENDICES

Appendix 1 – Screenshot of BP Online Claim Form

Appendix 2 – Commercial Fisherman Claims Form

Appendix 3 – Crabber Claims Form

Appendix 4 – Oyster Lease Owner Claims Form

Appendix 5 – Commercial Shrimper Claims Form

Appendix 6 - Commercial Claim Documentation

Appendix 7 – Forms for Attorney Represented Claimant