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Asbestos-Related Matters of Union Carbide Corporation
Introduction
Union Carbide Corporation (“Union Carbide”), a wholly owned subsidiary of the Company, is and has been involved in a large
number of asbestos-related suits filed primarily in state courts during the past three decades. These suits principally allege
personal injury resulting from exposure to asbestos-containing products and frequently seek both actual and punitive damages.
The alleged claims primarily relate to products that Union Carbide sold in the past, alleged exposure to asbestos-containing
products located on Union Carbide’s premises, and Union Carbide’s responsibility for asbestos suits filed against a former
Union Carbide subsidiary, Amchem Products, Inc. (“Amchem”). In many cases, plaintiffs are unable to demonstrate that they
have suffered any compensable loss as a result of such exposure, or that injuries incurred in fact resulted from exposure to
Union Carbide’s products.
Influenced by the bankruptcy filings of numerous defendants in asbestos-related litigation and the prospects of various
forms of state and national legislative reform, the rate at which plaintiffs filed asbestos-related suits against various companies,
including Union Carbide and Amchem, increased in 2001, 2002 and the first half of 2003. Since then, the rate of filing has
significantly abated. Union Carbide expects more asbestos-related suits to be filed against Union Carbide and Amchem in the
future, and will aggressively defend or reasonably resolve, as appropriate, both pending and future claims.
The table below provides information regarding asbestos-related claims filed against Union Carbide and Amchem:
Claims unresolved at January 1
Claims filed
Claims settled, dismissed or otherwise resolved
Claims unresolved at December 31
Claimants with claims against both UCC and Amchem
Individual claimants at December 31
2011
62,582
7,810
(17,167)
53,225
(16,304)
36,921
2010
75,030
7,731
(20,179)
62,582
(18,890)
43,692
2009
75,706
8,455
(9,131)
75,030
(24,146)
50,884
Plaintiffs’ lawyers often sue numerous defendants in individual lawsuits or on behalf of numerous claimants. As a result,
the damages alleged are not expressly identified as to Union Carbide, Amchem or any other particular defendant, even when
specific damages are alleged with respect to a specific disease or injury. In fact, there are no personal injury cases in which only
Union Carbide and/or Amchem are the sole named defendants. For these reasons and based upon Union Carbide’s litigation and
settlement experience, Union Carbide does not consider the damages alleged against Union Carbide and Amchem to be a
meaningful factor in its determination of any potential asbestos-related liability.
Estimating the Liability
Based on a study completed by Analysis, Research & Planning Corporation (“ARPC”) in January 2003, Union Carbide
increased its December 31, 2002 asbestos-related liability for pending and future claims for the 15-year period ending in 2017
to $2.2 billion, excluding future defense and processing costs. Since then, Union Carbide has compared current asbestos claim
and resolution activity to the results of the most recent ARPC study at each balance sheet date to determine whether the accrual
continues to be appropriate. In addition, Union Carbide has requested ARPC to review Union Carbide’s historical asbestos
claim and resolution activity each November since 2004 to determine the appropriateness of updating the most recent ARPC
study.
In November 2009, Union Carbide requested ARPC to review Union Carbide’s 2009 asbestos claim and resolution activity
and determine the appropriateness of updating its then most recent study completed in December 2008. In response to that
request, ARPC reviewed and analyzed data through October 31, 2009. In December 2009, ARPC stated that an update of its
study would not provide a more likely estimate of future events than the estimate reflected in its study of the previous year and,
therefore, the estimate in that study remained applicable. Based on Union Carbide’s own review of the asbestos claim and
resolution activity and ARPC’s response, Union Carbide determined that no change to the accrual was required. At
December 31, 2009, Union Carbide’s asbestos-related liability for pending and future claims was $839 million.
In November 2010, Union Carbide requested ARPC to review Union Carbide’s historical asbestos claim and resolution
activity and determine the appropriateness of updating its December 2008 study. In response to that request, ARPC reviewed
and analyzed data through October 31, 2010. The resulting study, completed by ARPC in December 2010, stated that the
undiscounted cost of resolving pending and future asbestos-related claims against Union Carbide and Amchem, excluding
future defense and processing costs, through 2025 was estimated to be between $744 million and $835 million. As in its earlier
studies, ARPC provided estimates for a longer period of time in its December 2010 study, but also reaffirmed its prior advice
that forecasts for shorter periods of time are more accurate than those for longer periods of time.