Honeywell reached a landmark deal to rid itself of its remaining
asbestos liabilities by selling its Bendix brakes parts business to
Federal-Mogul, the insolvent car parts company. No sum was disclosed,
but under the terms of the deal, Federal-Mogul would gain the assets in
exchange for taking on asbestos-related liabilities.
The company is able to use its Chapter 11 bankruptcy status to more
easily deal with asbestos claims and cap liability. Federal-Mogul filed
for bankruptcy protection in October 2001 mostly due to mounting
asbestos claims of its own. The Bendix transaction follows a recent
settlement by Honeywell and plaintiffs suing its former Narco refractory
brick unit for $2.9 billion.
Conglomerates such as ABB, Honeywell, oil services group
Halliburton and packaging group Sealed Air of the U.S. have all reached
settlements. ABB reached a $1.1 billion settlement, Halliburton agreed
to settle for $4.1 billion in cash and equity, Honeywell for $2.9
billion, and Sealed Air for $853 million in cash and stock.
"It's just appalling. It's just a perversion of the whole
system," said one asbestos plaintiffs' attorney, who said
claimants would fight the move.
Companies under pressure from asbestos exposure typically file for
bankruptcy in which they settle claims in the court-monitored
reorganization. In the process, companies form a trust with assets or
equity to pay current and future claims, in exchange for emerging from
bankruptcy with no further liability. Johns Manville pioneered the
structure in the 1980s. The Bendix deal adds asbestos liabilities to a
bankrupt reorganization already dealing with large exposure, while
giving Federal-Mogul a growing auto parts business.
Bendix also expands it presence in friction products in Europe and
gives vital exposure in Asia. "It is a precedent-setting way that
we are using our Chapter 11 status to grow our business,"
Federal-Mogul said. Federal-Mogul said it would take all the asbestos
liability, but would be able to pay out future claims with
Honeywell's $2 billion insurance provision. The deal is still
contingent on a bankruptcy court's approval and its ruling that
Honeywell is shielded from current and future claims for that unit.
Honeywell views Bendix as a non-core business and has wanted to
sell the $1 billion-turnover unit for years. In November 2000, it
scuttled a deal with Questor Partners Fund II, a private investment
group following the collapse of the General Electric merger. Honeywell
will retain the rights to the Bendix brand in its aerospace business.
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