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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. GreenEm

    GreenEm LawnSite Member
    Messages: 11

    Hello Everyone,
    May I inquire on a few things? Any information your willing to share would be appreciated. I'm always seeking knowledge on the Imprelis situation which I may share with our customers. Have any of you received your compensation letters from DuPont but have additional damage that wasn't included on your original claim? If yes, how has DuPont handled this? Did they schedule a re-visit or are they requesting you document and submit the information? Has anyone received a reply which addresses your new damages? I inquire on this issue as most will probably find themselves in this very situation unless they recently received their site visit.

    On a side note, here are a few links I'm in the process of sending to our customers in an "update email" which I thought you may appreciate. You may need to copy and paste them in your browser if they don't paste correctly.

    This will take you to all the Purdue University documents on Imprelis. http://www.agry.purdue.edu/turf/ImprelisUpdateLinks.html

    EPA's Notice of Noncompliance and request to issue cause sent to DuPont.

    Here's a post from an extension regarding continued damages observed at a site visit.

    And one last personal note. Constantly you read in articles or in the news the statement that Imprelis affects primarly "certain species of evergreen trees, particularly Norway spruce and white pine." I am so tired of seeing this outdated statement! If you have any amount of damage you need to review everything on your property. I personally have seen Imprelis damage on Arborvitaes, Junipers, yews, Blue Spruce, White Spruce, Balsam Fir, Ginko, Concolor, Honey Locust, Ornamental Pear, Maples, Lilacs and that's just off of the top of my head. So homeowners, please check your properties.

    Good Luck you guys and thanks for any info you can share with me.
  2. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Hello GreenEm! Thanks for providing the useful links. Yes, I received DuPont's offer, but when I told them about the continued damage and other items not included in their offer they told me to reject it, but added that what they send me again may be the same thing (would not confirm though). They acted like the 15% for my trouble would take care of the other things like running new utilities that get dug up in process and other things. Their offer didn't put a dent in the added expenses I will suffer and have suffered. Just the devaluation of my property was more than their puny 15%. I don't deal with them directly anymore since I retained legal counsel. Those near me that did accept their offer still haven't had anything done to their properties either. All dead trees, plants and shrubs are still there.
  3. cindyb

    cindyb LawnSite Senior Member
    from KY
    Messages: 354

    Hi Green Em!

    Yes I got my compensation offer. I was told that my additional new damage, roses, blackberries, perennials, garden and other things would be listed on my claim. They weren't unless the 15% was supposed to cover everything else in my yard including loss of value, loss of enjoyment and whatever. It's easier to list what is alive now instead of what the Imprelis killed.

    They had the opportunity to add additional damage when the dupont team did their site visit AFTER my LCO did the report. I was patient and tried to work with them thinking they would do the right thing.

    There wasn't any added compensation listed for lost growth of the trees that are just twisted sticks now. They wanted to pay somebody to come on my property to remove the trees. Release them from future damage? Don't think so. The compensation package isn't an admittance of guilt?

    I didn't send it back and they haven't called or emailed to see if there is anything they can do. I truly feel they don't care. If they didnt' do any better before I signed can you imagine how I would be treated at their mercy?

    I have spruces, white pines, Japanese Maples, lilac bush, blackberries, a garden, bushes, day lilies, roses, peach tree, willow oaks,weeping willow, bridal veil, hydrangae that are dead or dying and alot of plants that didn't come back up. My blackberry lily came back but looks like my blackberry vines did, deformed with no berries to dry.

    I guess that 15% was supposed to have covered all the time and money spent on getting my landscaping to look like it did before it was poisoned.
    Also I guess it covered reimbursement for the payments we made to the LCO for spraying our yard.

    I'm with Starguy. I gave them the opportunity and PLENTY of time to do the right thing and they didn't. I've retained legal counsel.
  4. GreenEm

    GreenEm LawnSite Member
    Messages: 11

    Sorry to hear that Starbuy. I have a good feeling our customers with extensive damages throughout their landscapes may seek counsell as well. When you have damage spread throughout your property, you have to wonder how good it's going to look once the trucks have left.
  5. GreenEm

    GreenEm LawnSite Member
    Messages: 11

    I feel for ya Cindy. Thanks for the info on your addional damages not included on your claim. This is a big concern for our customers as well. While most Davey Tree & Stericycle team members I've meet have done an excellent job documenting damages, there have been some "bad apples." I had to hold myself back from yelling at one stericycle employee while present at a customers site visit. She was trying to speed things along and document "groupings" of damaged shrubs instead of numbering and documenting each one like you're suppose to. When I objected she cut me off and said excuse me! I'm talking to the homeowner right now. She told them this was the best way to do it and that they had to get going soon to make it to the next visit. She explained that when they receive their compensation letter they can then at that time dispute if DuPonts quotes for the number of shrubs or heights is wrong. I bit my tongue until she finished, asked our customers if I may give my opinion and they said yes of course. I told her she needs to document it correctly the first time. It's unacceptable to make them deal with objecting something which should have been done right the first time. I don't care if your running late. You arrived her 15 mins. late. It's your job to collect all the data and if your late for your next visit I'm sorry but that's to bad. You can contact them and I'm sure they'll understand. Well, she wasn't to happy. But our customers did appreciate me standing up for them and everything was documented. So, this is why I'm concerned. How many customers of ours had one of these bad apples?
  6. TreeNut

    TreeNut LawnSite Member
    Messages: 80

    DuPont has just figured out that some homeowners being dealt with as a group (as per their demand, and to facilitate things for the LCO, who also stands to make money from this) could have also entered into a class action suit or regular lawsuit. It's evidently confusing things for them, and now, through our HOA president, we are notified that they are demanding we tell them who has or has not filed suit, or it could "seriously jepardize your resolution." (Our HOA was approached by DuPont's big shot attorneys. The president has no damage to his property.) If they are so smart and organized, don't you think they could have figured this out from their information? And they should have anticipated this. DuPont is behaving as usual---slow and stupid. I had already informed our president and LCO anyway.
  7. PapaD

    PapaD LawnSite Member
    Messages: 32

    The representatives that we had from Davey and Stericycle, one from St. Louis and the other from Texas, were both very professional. They spent the entire day on our property and looked at every tree, and included any tree that we asked them to include on the report, whether or not they felt the tree was damaged because of Imprelis. We made a complete copy of their report before they left.

    One thing that we did not think to ask for was copies of the pictures that they took. For the 215 trees on the report, they must have taken an average of 4 pictures per tree, so there would be over 800 pictures. Has anyone asked for copies of their pictures and were you successful in getting them?
  8. PapaD

    PapaD LawnSite Member
    Messages: 32

    The more I try to find out about the status of our claim, the more frustrated I get.

    We were called on 9/11 and told that our Claims Resolution Agreement had been sent to our property manager, but was returned as "undeliverable". They were checking on the address. We told them to have it sent to me, as president of the HOA. They said that they would do this.

    Last Wednesday, I had not received it, so I called again and after explaining the situation was put on hold so she could check it out. After a few minutes, I was told that someone would get back to me.

    Today, I called again and after another full explanation was told that the claim was in review. I repeated that it had already gone through review and was sent out once, but returned to them by UPS. She then told me that it had only been two weeks since the address had been corrected and if I had not received it in another 4 weeks to call back again. I questioned why it would take that long to correct the address and was told that they have a lot of claims.

    That is my story for today - just had to get it off my chest.
  9. PapaD

    PapaD LawnSite Member
    Messages: 32

    Almost forgot, my phone call today was to Stericycle trying to see how I could get a copy of the pictures that were taken at the inspection. I explained what I wanted to the Stericycle operator and was told "Hold please, I will transfer your call". The next thing I know, I get the recording, "DuPont Imprelis Hotline".

    It sounds like the DuPont claim department is actually Stericycle people. I guess I should not be surprised, but I was. Since Stericycle business is product recalls, I guess that is why they are so good at not giving any definitive answers. They are doing it all the time.
  10. Starbuy

    Starbuy LawnSite Senior Member
    Messages: 335

    Here's more information on Stericycle for those interested:

    Stericycle (NASDAQ: SRCL) specializes in collecting and disposing medical waste, recalled and expired medical products, infection control management services as well as hazardous waste disposal.

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