IN HAEC VERBA: DAN GELBER's letter to Ken Feinberg on BP claims in Florida

September 27, 2010

BY FAX & U.S. MAIL

Mr. Ken Feinberg
Feinberg Rozen, LLP
The Willard Office Building
1455 Pennsylvania Avenue, NW
Suite 390
Washington, D.C. 20004-1008

Dear Mr. Feinberg:

As you administer your duties relative to BP, I wanted to raise two issues of concern: the limitation on damages based on proximity; and the failure of BP to reimburse all costs attendant to preparing legitimate claims for damages.

BP has promised to “make things right.” That means they should not be limiting damages to only instances where oil directly reached our shores. Many communities, businesses and residents beyond the immediate proximity of places where oil reached our shores, have been damaged. Whether it is Sarasota or the Florida Keys or Pensacola – quantifiable damages are being felt throughout the state – directly and indirectly. But for the negligence of BP, Florida’s coastal communities would not be suffering diminished tourism or loss of earning capacity from stigma damages to fishing industries. And homeowners in communities that have seen loss of property values directly due to the spill are properly within the zone of damages that should be recognized in your claims process. In short, I would like some assurance from you and BP that when BP promises they are going to “make it right” they don’t mean “for some of you, and for only some things.”

Secondly, I am extremely concerned that Floridians are being compelled to pay for the costs of preparation of their claims. Recently I participated in a State Senate hearing in Pensacola where a representative of BP indicated that in some instances they were reimbursing victims for the costs of preparing claims, but in other instances they were not. Regrettably, the BP representative indicated there was no definable metric for when the costs of claims were reimbursed. This is troubling. If someone has a valid claim, then reasonable costs attendant to preparing the claim must be reimbursed – otherwise, victims are not being made whole.

Citizens of our state are rightfully frustrated. They see promises from BP actors in commercials suggesting the company is prepared to do the right thing. Yet on the ground, they see obfuscation, and a process that is filled with more chutes than ladders.

Thanks for your service in this process.
Senator Dan Gelber
Florida Senator, District 35