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Contingencies and Accrued Losses
12 Months Ended
May 31, 2022
Commitments and Contingencies Disclosure [Abstract]  
Contingencies and Accrued Losses

NOTE Q — CONTINGENCIES AND ACCRUED LOSSES

Accrued loss reserves consist of the following:

 

May 31,

 

2022

 

2021

 

(In thousands)

 

 

 

 

 

Accrued product liability and other loss reserves

 

$

16,003

 

$

18,296

 

Accrued warranty reserves

 

 

7,450

 

 

9,429

 

Accrued environmental reserves

 

 

1,055

 

 

1,329

 

Total Accrued Loss Reserves - Current

 

$

24,508

 

$

29,054

 

Accrued product liability and other loss reserves - noncurrent

 

$

26,226

 

$

26,614

 

Accrued warranty liability - noncurrent

 

 

3,455

 

 

3,746

 

Accrued environmental reserves - noncurrent

 

 

6,254

 

 

6,267

 

Total Accrued Loss Reserves - Noncurrent

 

$

35,935

 

$

36,627

 

 

Product Liability Matters

We provide, through our wholly owned insurance subsidiaries, certain insurance coverage, primarily product liability coverage, to our other subsidiaries. Excess coverage is provided by third-party insurers. Our product liability accruals provide for these potential losses, as well as other uninsured claims. Product liability accruals are established based upon actuarial calculations of potential liability using industry experience, actual historical experience and actuarial assumptions developed for similar types of product liability claims, including development factors and lag times. To the extent there is a reasonable possibility that potential losses could exceed the amounts already accrued, we believe that the amount of any such additional loss would be immaterial to our results of operations, liquidity and consolidated financial position.

Warranty Matters

We also offer warranties on many of our products, as well as long-term warranty programs at certain of our businesses, and have established product warranty liabilities. We review these liabilities for adequacy on a quarterly basis and adjust them as necessary. The primary factors that could affect these liabilities may include changes in performance rates, as well as costs of replacement. Provision for estimated warranty costs is recorded at the time of sale and periodically adjusted, as required, to reflect actual experience. It is probable that we will incur future losses related to warranty claims we have received but that have not been fully investigated and related to claims not yet received. While our warranty liabilities represent our best estimates at May 31, 2022, we can provide no assurances that we will not experience material claims in the future or that we will not incur significant costs to resolve such claims beyond the amounts accrued or beyond what we may recover from our suppliers. Based upon the nature of the expense, product warranty expense is recorded as a component of cost of sales or within SG&A.

Also, due to the nature of our businesses, the amount of claims paid can fluctuate from one period to the next. While our warranty liabilities represent our best estimates of our expected losses at any given time, from time to time we may revise our estimates based on our experience relating to factors such as weather conditions, specific circumstances surrounding product installations and other factors.

The following table includes the changes in our accrued warranty balances:

 

Year Ended May 31,

 

2022

 

2021

 

2020

 

(In thousands)

 

 

 

 

 

 

 

Beginning Balance

 

$

13,175

 

$

11,106

 

$

10,414

 

Deductions (1)

 

 

(26,332

)

 

(25,817

)

 

(20,762

)

Provision charged to expense

 

 

24,062

 

 

27,886

 

 

21,454

 

Ending Balance

 

$

10,905

 

$

13,175

 

$

11,106

 

 

(1)
Primarily claims paid during the year.

 

Environmental Matters

Like other companies participating in similar lines of business, some of our subsidiaries are involved in environmental remediation matters. It is our policy to accrue remediation costs when the liability is probable and the costs are reasonably estimable, which generally is not later than at completion of a feasibility study or when we have committed to an appropriate plan of action. We also take into consideration the estimated period of time over which payments may be required. The liabilities are reviewed periodically and, as investigation and remediation activities continue, adjustments are made as necessary. Liabilities for losses from environmental remediation obligations do not consider the effects of inflation and anticipated expenditures are not discounted to their present value. The liabilities are not offset by possible recoveries from insurance carriers or other third parties, but do reflect anticipated allocations among potentially responsible parties at federal superfund sites or similar state-managed sites, third party indemnity obligations, and an assessment of the likelihood that such parties will fulfill their obligations at such sites.

Other Contingencies

One of our subsidiaries has been the subject of a proceeding in which one of its former distributors brought suit against our subsidiary for breach of contract. Following a June 2017 trial, a jury determined that the distributor was not entitled to any damages on the distributor's claims against our subsidiary. On appeal, the Ninth Circuit Court of Appeals ordered a new trial with respect to certain issues. On December 10, 2021, a new jury awarded $6.0 million in damages to the distributor. Per the parties' contracts, the distributor may also be entitled to recover some portion of its attorneys' fees from our subsidiary. The distributor timely filed an appeal of the new jury’s verdict, and our subsidiary timely filed a cross-appeal. The appeal action remains pending before the Ninth Circuit Court of Appeals. As a result of the new jury’s award and in consideration of our subsidiary’s appeal, including available contractual arguments limiting the distributor’s recoverable damages, we have accrued $2.6 million for this matter at May 31, 2022, which we believe to be the low end of the range of loss. While an ultimate loss in excess of the accrued amount is reasonably possible, we believe that the high end of the range of loss would not be materially more than the $6.0 million noted above.