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Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. PapaD

    PapaD LawnSite Member
    Posts: 32

  2. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    Thank you for posting that, PapaD---I agree with the school board, in that the offered settlement isn't near enough. I'm not sure why, however, they didn't do their homework earlier--they must have trusted DuPont to "do the right thing."
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I keep reading reports that supposedly quote DuPont saying that Imprelis "poses minimal risks to humans and pets." Is anyone else somewhat concerned about that statement besides me? Why can't they say "poses NO risk"? Did the label on the Imprelis bottles instruct that people spraying this should wear protective gloves, boots and so forth? I wonder why. I'm not trying to be an alarmist, but simply inquiring. I'm living with this mess and have a right to be concerned.
     
  4. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Be afraid...these are the same folks that defend, delay and deny. why would I believe anything they say at this stage of the game
     
  5. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    They also said it was environmentally friendly.

    That is one of the many reasons I chose an attorney. I couldn't see Dupont walking away with no responsibility if I signed their agreement.
     
  6. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    So it looks like the class action settlement was signed off on by the judge at least.
     
  7. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

  8. michiman

    michiman LawnSite Member
    Posts: 43

    Hey PapaD,

    Did you ever see your CRA?

    Last week we had a UPS envelope show up at the house. I had my wife rip it open and read the good news...

    Dupont sent us a two page denial due to the "fact" that they had no spray records from my LCO. I know he had sent them since they had my name, address and LCO on my first contact with the 800 claims number. Once I blew a gasket on the phone with one of the telephone employees. I regained my composure and called my LCO - he sent me an electronic record of service.

    One more call and some conversation with a helpful representative lead me to avoid sending snail mail and email the records directly to Dupont/EPIQ. During my call yesterday, I was told the claim is reopened and processing is being continued. I've been told by several people, the claim should be near finalization.

    I avoided a knee-jerk reaction to ship the contingency fee retainer agreement off the the lawyer I have been talking with. I'll try and let the final chapter of the resolution process play out.
     
    Last edited: Feb 13, 2013
  9. PapaD

    PapaD LawnSite Member
    Posts: 32

    Still waiting. I called last week and was told that the CRA was being drafted, which seems like a step backwards since I had previously been told that the draft had been done and sent to Legal. No real answer for the change as she "was just reading from the file record on the computer".

    Then, yesterday, I got a note from our management company that they knew a LCO that was dealing with DuPont on a lot of cases and they asked them to check on ours and 2 other properties that they manage. The response was that additional documentation on tree ownership was recently requested from the Association and once that information is received, the claim can move forward.

    As my previous narrative mentioned, this information was emailed to them in October (they could not find that email), faxed to them in November (they could not find that fax) and re-faxed to them on 1/4/2013. I did get 2 confirmations from them that they did receive that fax.

    So, a month and a half later, the inside source says that they are waiting for this information. I am resigned that we will be part of the class action suit and will get our money that way. I no longer have any expectation that we will ever see a CRA directly from DuPont.
     
  10. PapaD

    PapaD LawnSite Member
    Posts: 32

    rosewater, I am curious about your comment. From what I have seen, the proposed settlement states that:

    Members of the Property Owners Class will receive a warranty on replacement trees, with the warranty expiring on May 31, 2015. Should Class Members disagree with the settlement amount offered, they may appeal their offer to a panel of arborists. Finally, Property Owner Class Members will not be releasing any claims for environmental or personal injury damages by participating in the settlement.​

    I know there are some other issues, but to me, these were some of the more objectionable parts of the standard DuPont CRA. I highly doubt that DuPont will do any better for individual suits without a long drawn out court case and decision by a judge or jury. At this point, I am leaning heavily to accepting the proposed settlement rather than waiting another 3 to 5 years for money, especially when I think that it is quite possible that that result will be no better than the proposed settlement agreement.

    I would be interested in your thoughts and the thoughts of others.
     

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