Discontinued Operations Receivable and Liability |
Note 16. Discontinued Operations Receivable and Liability
Discontinued Operations Liability
In October1998, Cooper sold its Automotive Products business to Federal-Mogul Corporation (Federal-Mogul). These discontinued businesses (including the Abex Friction product line obtained from Pneumo-Abex Corporation (Pneumo) in 1994) were operated through subsidiary companies, and the stock of those subsidiaries was sold to Federal-Mogul pursuant to a Purchase and Sale Agreement dated August17, 1998 (1998 Agreement). In conjunction with the sale, Federal-Mogul indemnified Cooper for certain liabilities of these subsidiary companies, including liabilities related to the Abex Friction product line and any potential liability that Cooper may have to Pneumo pursuant to a 1994 Mutual Guaranty Agreement between Cooper and Pneumo. On October 1, 2001, Federal-Mogul and several of its affiliates filed a Chapter11 bankruptcy petition. The Bankruptcy Court for the District of Delaware confirmed Federal-Moguls plan of reorganization and Federal-Mogul emerged from bankruptcy in December2007. As part of Federal-Moguls Plan of Reorganization, Cooper and Federal-Mogul reached a settlement agreement that was subject to approval by the Bankruptcy Court resolving Federal-Moguls indemnification obligations to Cooper. As discussed further below, on September30, 2008, the Bankruptcy Court issued its final ruling denying Coopers participation in the proposed Federal-Mogul 524(g) trust resulting in implementation of the previously approved Plan B Settlement. As part of its obligation to Pneumo for any asbestos-related claims arising from the Abex Friction product line (Abex Claims), Cooper has rights, confirmed by Pneumo, to significant insurance for such claims. Based on information provided by representatives of Federal-Mogul and recent claims experience, from August28, 1998 through June30, 2009, a total of 147,011 Abex Claims were filed, of which 123,983 claims have been resolved leaving 23,028 Abex Claims pending at June30, 2009. During the six months ended June30, 2009, 836 claims were filed and 1,496 claims were resolved. Since August28, 1998, the average indemnity payment for resolved Abex Claims was $2,064 before insurance. A total of $155.4million was spent on defense costs for the period August28, 1998 through June30, 2009. Historically, existing insurance coverage has provided 50% to 80% of the total defense and indemnity payments for Abex Claims. However, insurance recovery is currently at a lower percentage (approximately 30%) due to exhaustion of primary layers of coverage and litigation with certain excess insurers.
2005 2007
In December2005, Cooper reached an initial agreement in negotiations with the representatives of Federal-Mogul, its bankruptcy committees and the future claimants (the Representatives) regarding Coopers participation in Federal Moguls proposed 524(g) asbestos trust. By participating in this trust, Cooper would have resolved its liability for asbestos claims arising from Coopers former Abex Friction Products business. The proposed settlement agreement was subject to court approval and certain other approvals. Future cl |