- 30 - making those payments was to assist the claimants to pay bills and other expenses that they had difficulty in paying due to the alleged damage to their business as a result of Benlate, to help reestablish their businesses, to mitigate losses, and for good- will. Du Pont made assistance payments to claimants only after having received their respective claims and after having them evaluated by Crawford. As a rule of thumb, du Pont limited the amount of any assistance payment that it made to one-third of the amount of any anticipated settlement between it and a claimant of that claimant's claim for damage. Thus, at the time du Pont made an assistance payment to a claimant, it expected that it would be paying that claimant an additional amount equal to around twice as much as the amount of that assistance payment. We believe that explains why it was expected, and the assistance receipt provided, that any assistance payment that du Pont had made to a claimant would be deducted as having been paid from any ultimate settlement or judgment relating to Benlate claims by that claim- ant. In 1991, Mr. Henry began negotiating with du Pont concerning the damage to his orchid plants 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. At the end of November 1991, Mr. Henry requested, and at the end of December 1991, Mr.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011