Item 2.02 Results of Operations and Financial Condition.
On
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
As of
29,089 32,234 36,052 New claims 2,848 2,434 2,819 Settlements (983 ) (1,011 ) (1,038 ) Dismissals (1,898 ) (4,568 ) (5,599 ) Ending claims 29,056 29,089 32,234
Of the 29,056 pending claims as of
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OnMarch 1, 2013 , aNew York City state court jury entered a$35 million verdict against us in the Ivo Peraica claim. We filed post-trial motions seeking to overturn the verdict, to grant a new trial, or to reduce the damages, which we argue was excessive underNew York appellate case law governing awards for non-economic losses and further were subject to settlement offsets. After the trial court remitted the verdict to$18 million , but otherwise denied our post-trial motion, judgment was entered against us in the amount of$10.6 million (including interest). We appealed. We took a separate appeal of the trial court's denial of our summary judgment motion. The Court consolidated the appeals, which were heard in the fourth quarter of 2014. InJuly 2016 , we supplemented our briefing based on theNew York Court of Appeals Dummitt/Suttner decision. OnOctober 6, 2016 , a panel of the Appellate Division,First Department , affirmed the rulings of the trial court on liability issues but further reduced the damages award to$4.25 million , which after settlement offsets was calculated to be$1.94 million . Plaintiff had the option of accepting the reduced amount or having a new trial on damages. We filed a motion with the Appellate Division requesting a rehearing on liability issues. The motion was denied.The New York Court of Appeals also denied review. We paid the Peraica judgment in the amount of$2.7 million in the first quarter of 2017. 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 . 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. OnJune 16, 2014 , aNew York City state court jury entered a$15 million verdict against us in the Ivan Sweberg claim and a$10 million verdict against us in the Selwyn Hackshaw claim. The two claims were consolidated for trial. We filed post-trial motions seeking to overturn the verdicts, to grant new trials, or to reduce the damages, which were denied, except that the Court reduced the Sweberg award to$10 million , and reduced the Hackshaw award to$6 million . Judgments were entered in the amount of$5.3 million in Sweberg and$3.1 million in Hackshaw. We appealed. Oral argument on Sweberg took place onFebruary 16, 2016 , and oral argument on Hackshaw took place onMarch 9, 2016 . OnOctober 6, 2016 , two panels of the Appellate Division,First Department , affirmed the rulings of the trial court on liability issues but further reduced the Sweberg damages award to$9.5 million and further reduced the Hackshaw damages award to$3 million , which after settlement offsets are calculated to be$4.73 million in Sweberg and$0 in Hackshaw. Plaintiffs were given the option of accepting the reduced awards or having new trials on damages. Plaintiffs subsequently brought an appeal in Hackshaw before theNew York Court of Appeals , which the Court denied. We filed a motion with the Appellate Division requesting a rehearing on liability issues in Sweberg. That motion was denied.The New York Court of Appeals also denied review. We paid in the first quarter of 2017 the Sweberg plaintiffs$5.7 million , which was the amount owed under this judgment. No damages were owed in Hackshaw. 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. OnFebruary 9, 2016 , aPhiladelphia, Pennsylvania , federal court jury found us responsible for a 30% share of a$1.085 million verdict in the Valent Rabovsky claim. The court ordered briefing on the amount of the judgment. We argued, among other things, that settlement offsets reduce the award to plaintiff underPennsylvania law. A further hearing was heldApril 26, 2016 , after which the court denied our request and entered judgment in the amount of$0.4 million . We filed post-trial motions, which were denied in two decisions issued onAugust 26, 2016 andSeptember 28, 2016 . We pursued an appeal to theThird Circuit Court of Appeals , which was argued onJune 12, 2017 . OnSeptember 27, 2017 , the Court entered an order asking theSupreme Court of Pennsylvania to decide one of the issues raised in our appeal.The Supreme Court of Pennsylvania accepted the request, and we settled the matter. The settlement was reflected in the fourth quarter 2017 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 3
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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. OnJune 30, 2017 , aNew York City state court jury entered a$20 million verdict against us in the Geoffrey Anisansel claim. We settled the matter inAugust 2017 . The settlement was reflected in the third quarter 2017 indemnity amount. Such judgment amounts were not included in our incurred costs until all available appeals are exhausted and the final payment amount is determined. The gross settlement and defense costs incurred (before insurance recoveries and tax effects) by us for the years endedDecember 31, 2019 , 2018 and 2017 totaled$66.2 million ,$88.8 million and$88.3 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 years endedDecember 31, 2019 , 2018 and 2017 totaled$41.5 million ,$63.9 million and$62.5 million , respectively. Detailed below are the comparable amounts for the periods indicated. (in millions) For the year ended December 31, 2019 2018 2017
Settlement / indemnity costs incurred *
20.7 25.8 36.5 Total costs incurred$ 66.2 $ 88.8 $ 88.3 Settlement / indemnity payments$ 38.9 $ 61.5 $ 51.7 Defense payments 21.4 26.5 38.9 Insurance receipts (18.8 ) (24.1 ) (28.1 ) Pre-tax cash payments$ 41.5 $ 63.9 $ 62.5 * 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 throughDecember 31, 2019 , we have resolved (by settlement or dismissal) approximately 139,000 claims. The related settlement cost incurred by us and our insurance carriers is approximately$640 million , for an average settlement cost per resolved claim of approximately$4,600 . 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 Consolidated Financial Statements". Effects on the 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 . . .
Item 9.01 Financial Statements and Exhibits.
(a) None (b) None (c) None (d) Exhibits 99.1 Earnings Press Release datedJanuary 27, 2020 andCrane Co. Quarterly Financial Data Supplement for the quarter endedDecember 31, 2019 8
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