- 7 - which was allegedly caused by Benlate. Around September or October 1991, a representative of du Pont inspected the orchid plants in Mr. Henry's possession and informed him that those plants had been damaged by Benlate. Mr. Henry decided to, and did, cease making business sales of orchid plants by Fred Henry's Paradise of Orchids in October 1991, at which time he had between 100 and 150 orchid plants that were in salable condition. After Mr. Henry decided to stop making orchid business sales in October 1991, he did not receive requests to sell orchid plants, to exhibit them, or to make presentations to orchid societies and other similar groups. Beginning in 1991 and continuing into 1992, du Pont made payments that it referred to as assistance payments (assistance payments) to persons who filed claims (claimants) with du Pont for alleged damage caused by Benlate. The intention of du Pont in making the assistance payments was to assist the claimants to pay bills and other expenses that they had difficulty in paying as a result of the alleged damage to their businesses caused by Benlate, to help reestablish their businesses, to mitigate losses, and for goodwill. Du Pont made an assistance payment to a claimant only after having received a claim from that claimant and having it evaluated by Crawford, its claims adjustor. It was du Pont's rule of thumb to limit an assistance payment to one- third of the amount of any anticipated settlement between it andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011