Item 2.02 Results of Operations and Financial Condition.
OnJuly 27, 2020 ,Crane Co. (the "Company") announced its results of operations for the quarter endedJune 30, 2020 . The related press release and quarterly financial data supplement is being furnished as Exhibit 99.1 to this Current Report on Form 8-K. The information furnished under Item 2.02 of this Current Report on Form 8-K, including Exhibit 99.1, is not deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. Item 8.01 Other Events Asbestos Liability Information Regarding Claims and Costs in the Tort System Information Regarding Claims and Costs in the Tort System As ofJune 30, 2020 , we were a defendant in cases filed in numerous state and federal courts alleging injury or death as a result of exposure to asbestos. Activity related to asbestos claims during the periods indicated was as follows: Three Months Ended Six Months Ended Year Ended June 30, June 30, December 31, 2020 2019 2020 2019 2019 Beginning claims 29,162 28,498 29,056 29,089 29,089 New claims 577 769 1,258 1,444 2,848 Settlements (264 ) (178 ) (429 ) (586 ) (983 ) Dismissals (548 ) (238 ) (958 ) (1,096 ) (1,898 ) Ending claims 28,927 28,851 28,927 28,851 29,056 Of the 28,927 pending claims as ofJune 30, 2020 , approximately 18,000 claims were pending inNew York , approximately 100 claims were pending inTexas , approximately 300 claims were pending inMississippi , and approximately 200 claims were pending inOhio , all jurisdictions in which legislation or judicial orders restrict the types of claims that can proceed to trial on the merits. We have tried several cases resulting in defense verdicts by the jury or directed verdicts for the defense by the court. We further have pursued appeals of certain adverse jury verdicts that have resulted in reversals in favor of the defense. We have also tried several other cases resulting in plaintiff verdicts which we paid or settled after unsuccessful appeals, the most recent of which are described below. OnMarch 23, 2010 , aPhiladelphia, Pennsylvania , state court jury found us responsible for a 1/11th share of a$14.5 million verdict in the James Nelson claim. OnFebruary 23, 2011 , the court entered judgment on the verdict in the amount of$4.0 million , jointly, against us and two other defendants, with additional interest in the amount of$0.01 million being assessed against us, only. All defendants, including us, and the plaintiffs took timely appeals of certain aspects of those judgments. OnSeptember 5, 2013 , a panel of thePennsylvania Superior Court , in a 2-1 decision, vacated the Nelson verdict against all defendants, reversing and remanding for a new trial. Plaintiffs requested a rehearing in theSuperior Court and by order datedNovember 18, 2013 , theSuperior Court vacated the panel opinion, and granted en banc reargument. OnDecember 23, 2014 , theSuperior Court issued a second opinion reversing the jury verdict. Plaintiffs sought leave to appeal to thePennsylvania Supreme Court , which defendants opposed. By order datedJune 21, 2017 , theSupreme Court of Pennsylvania denied plaintiffs' petition for leave to appeal. The case was set for a new trial inApril 2018 . We settled the matter. The settlement was reflected in the second quarter 2018 indemnity amount. OnSeptember 17, 2013 , aFort Lauderdale, Florida state court jury in the Richard DeLisle claim found us responsible for 16% of an$8 million verdict. The trial court denied all parties' post-trial motions, and entered judgment against us in the amount of$1.3 million . We appealed and oral argument on the appeal took place onFebruary 16, 2016 . OnSeptember 14, 2016 , a panel of theFlorida Court of Appeals reversed and entered judgment in favor of us. Plaintiff filed with theCourt of Appeals a motion for rehearing and/or certification of an appeal to theFlorida Supreme Court , which the Court denied onNovember 9, 2016 . Plaintiffs subsequently requested review by theSupreme Court of Florida . Plaintiffs' motion was granted onJuly 11, 2017 . 2 -------------------------------------------------------------------------------- Oral argument took place onMarch 6, 2018 . OnOctober 15, 2018 , theSupreme Court of Florida reversed and remanded with instructions to reinstate the trial court's judgment. We paid the judgment onDecember 28, 2018 . That payment is reflected in the fourth quarter 2018 indemnity amount. OnJuly 2, 2015 , aSt. Louis, Missouri state court jury in the James Poage claim entered a$1.5 million verdict for compensatory damages against us. The jury also awarded exemplary damages against us in the amount of$10 million . We filed a motion seeking to reduce the verdict to account for the verdict set-offs. That motion was denied, and judgment was entered against us in the amount of$10.8 million . We initiated an appeal. Oral argument was held onDecember 13, 2016 . In an opinion datedMay 2, 2017 , aMissouri Court of Appeals panel affirmed the judgment in all respects. The Court of Appeals denied our motion to transfer the case to theSupreme Court of Missouri . We sought leave to appeal before theSupreme Court of Missouri , which denied that request.The Supreme Court of the United States denied further review onMarch 26, 2018 . We settled the matter. The settlement was reflected in the second quarter 2018 indemnity amount. OnApril 22, 2016 , aPhoenix, Arizona federal court jury found us responsible for a 20% share of a$9 million verdict in the George Coulbourn claim, and further awarded exemplary damages against us in the amount of$5 million . The jury also awarded compensatory and exemplary damages against the other defendant present at trial. The court entered judgment against us in the amount of$6.8 million . We filed post-trial motions, which were denied onSeptember 20, 2016 . We pursued an appeal to theNinth Circuit Court of Appeals which affirmed the judgment onMarch 29, 2018 . We settled the matter. The settlement was reflected in the second quarter 2018 indemnity amount. Such judgment amounts were not included in our incurred costs until all available appeals were exhausted and the final payment amount was determined. The gross settlement and defense costs incurred (before insurance recoveries and tax effects) by us for the six months endedJune 30, 2020 and 2019 totaled$23.9 million and$40.3 million , respectively. In contrast to the recognition of settlement and defense costs, which reflect the current level of activity in the tort system, cash payments and receipts generally lag the tort system activity by several months or more, and may show some fluctuation from period to period. Cash payments of settlement amounts are not made until all releases and other required documentation are received by us, and reimbursements of both settlement amounts and defense costs by insurers may be uneven due to insurer payment practices, transitions from one insurance layer to the next excess layer and the payment terms of certain reimbursement agreements. Our total pre-tax payments for settlement and defense costs, net of funds received from insurers, for the six months endedJune 30, 2020 and 2019 totaled$19.2 million and$17.9 million , respectively. Detailed below are the comparable amounts for the periods indicated. Three Months Ended Six Months Ended Year Ended (in millions) June 30, June 30, December 31, 2020 2019 2020 2019 2019 Settlement / indemnity costs incurred (1)$ 7.6 $ 8.6 $ 15.8 $ 30.0 $ 45.5 Defense costs incurred (1) 3.6 5.2 8.1 10.3 20.7 Total costs incurred$ 11.2 $ 13.8 $ 23.9
Settlement / indemnity payments
$ 15.6 $ 38.9 Defense payments 4.2 6.2 8.5 10.2 21.4 Insurance receipts (2.7 ) (4.8 ) (6.2 ) (7.9 ) (18.8 ) Pre-tax cash payments$ 7.4 $ 8.2 $ 19.2 $ 17.9 $ 41.5 (1) Before insurance recoveries and tax effects. The amounts shown for settlement and defense costs incurred, and cash payments, are not necessarily indicative of future period amounts, which may be higher or lower than those reported. Cumulatively throughJune 30, 2020 , we have resolved (by settlement or dismissal) approximately 140,000 claims. The related settlement cost incurred by us and our insurance carriers is approximately$660 million , for an average settlement cost per resolved claim of approximately$4,700 . The average settlement cost per claim resolved during the years endedDecember 31, 2019 , 2018 and 2017 was$15,800 ,$11,300 , and$7,800 , respectively. Because claims are sometimes dismissed in large groups, the average cost per resolved claim, as well as the number of open claims, can fluctuate significantly from period to period. In addition to large group dismissals, the nature of the disease and corresponding settlement amounts for each claim resolved will also drive changes from period to period in the average settlement cost per claim. Accordingly, the average cost per resolved claim is not considered in our periodic review of our estimated asbestos liability. For a discussion regarding the four most significant factors affecting the liability estimate, see "Effects on the Condensed Consolidated Financial Statements." 3 -------------------------------------------------------------------------------- Effects on the Condensed Consolidated Financial Statements We have retained an independent actuarial firm to assist management in estimating our asbestos liability in the tort system. The actuarial consultants review information provided by us concerning claims filed, settled and dismissed, amounts paid in settlements and relevant claim information such as the nature of the asbestos-related disease asserted by the claimant, the jurisdiction where filed and the time lag from filing to disposition of the claim. The methodology used by the actuarial consultants to project future asbestos costs is based on our recent historical experience for claims filed, settled and dismissed during a base reference period. Our experience is then compared to estimates of the number of individuals likely to develop asbestos-related diseases determined based on widely used previously conducted epidemiological studies augmented with current data inputs. Those studies were undertaken in connection with national analyses of the population of workers believed to have been exposed to asbestos. Using that information, the actuarial consultants estimate the number of future claims that would be filed against us and estimates the aggregate settlement or indemnity costs that would be incurred to resolve both pending and future claims based upon the average settlement costs by disease during the reference period. This methodology has been accepted by numerous courts. After discussions with us, the actuarial consultants augment our liability estimate for the costs of defending asbestos claims in the tort system using a forecast from us which is based upon discussions with our defense counsel. Based on this information, the actuarial consultants compile an estimate of our asbestos liability for pending and future claims using a range of reference periods based on claim experience and covering claims expected to be filed through the indicated forecast period. The most significant factors affecting the liability estimate are (1) the number of new mesothelioma claims filed against us, (2) the average settlement costs for mesothelioma claims, (3) the percentage of mesothelioma claims dismissed against us and (4) the aggregate defense costs incurred by us. These factors are interdependent, and no one factor predominates in determining the liability estimate. In our view, the forecast period used to provide the best estimate for asbestos claims and related liabilities and costs is a judgment based upon a number of trend factors, including the number and type of claims being filed each year; the jurisdictions where such claims are filed, and the effect of any legislation or judicial orders in such jurisdictions restricting the types of claims that can proceed to trial on the merits; and the likelihood of any comprehensive asbestos legislation at the federal level. In addition, the dynamics of asbestos litigation in the tort system have been significantly affected by the substantial number of companies that have filed for bankruptcy protection, thereby staying any asbestos claims against them until the conclusion of such proceedings, and the establishment of a number of post-bankruptcy trusts for asbestos claimants, which have been estimated to provide$36 billion for payments to current and future claimants. These trend factors have both positive and negative effects on the dynamics of asbestos litigation in the tort system and the related best estimate of our asbestos liability, and these effects do not move in a linear fashion but rather change over multi-year periods. Accordingly, management continues to monitor these trend factors over time and periodically assesses whether an alternative forecast period is appropriate. Each quarter, the actuarial consultants compile an update based upon our experience in claims filed, settled and dismissed as well as average settlement costs by disease category (mesothelioma, lung cancer, other cancer, and non-malignant conditions including asbestosis). In addition to this claims experience, we also consider additional quantitative and qualitative factors such as the nature of the aging of pending claims, significant appellate rulings and legislative developments, and their respective effects on expected future settlement values. As part of this process, we also consider trends in the tort system such as those enumerated above. Management considers all these factors in conjunction with the liability estimate of the actuarial consultants and determines whether a change in the estimate is warranted. Liability Estimate. InJune 2016 , theNew York State Court of Appeals issued its opinion in Dummitt v.Crane Co. , affirming a 2012 verdict for$4.9 million . . .
Item 9.01 Financial Statements and Exhibits.
(a) None (b) None (c) None (d) Exhibits
99.1 Earnings Press Release dated
Financial Data Supplement for the quarter endedJune 30, 2020 7
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