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Thursday February 14, 7:04 pm Eastern Time
Press Release
SOURCE: Halliburton Company
Bankruptcy Court Stays Asbestos Claims Against
Dresser Industries Inc. In Harbison-Walker Chapter 11 Filing
DALLAS, Feb. 14 /PRNewswire-FirstCall/ -- Halliburton Company (NYSE:
HAL - news) today announced that a U.S. Bankruptcy Court has issued a temporary
restraining order staying more than 200,000 pending asbestos claims against its subsidiary
Dresser Industries, Inc. The ruling came in connection with today's filing of a voluntary
petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code by
Harbison-Walker Refractories Company.
Harbison-Walker, which faces a large number of asbestos-related
claims, said it would seek to reorganize its finances in Chapter 11 aided by a trust
responsible for resolving all pending and future asbestos-related claims asserted against
it. The stay is temporary until the bankruptcy court holds a hearing, which is expected
during the next two weeks.
The stayed claims represent a majority of the pending asbestos
claims against all Halliburton Company subsidiaries. Approximately 132,000 of the stayed
claims are refractory claims that Harbison-Walker agreed to be responsible for when it was
spun-off from Dresser Industries in 1992.
The balance of the stayed claims are pre-1992 refractory claims and
other asbestos claims against Dresser Industries that are covered in whole or in part by
the same insurance coverage.
Chief Judge Judith Fitzgerald of the U.S. Bankruptcy Court, Western
District of Pennsylvania, issued the order at the request of Harbison-Walker in the
interest of protecting a significant asset of the bankrupt company, namely, the insurance
held by Dresser Industries to cover the asbestos-related liabilities associated with
Harbison-Walker. In its filing, Harbison-Walker informed the bankruptcy court that it, its
parent RHI Refractories Holding Company, and Dresser Industries have agreed to work
cooperatively in an attempt to utilize the special provisions of Sections 524(g) and 105
of the Bankruptcy Code to propose and have confirmed a plan of reorganization that will
provide for distributions to the legitimate asbestos claimants. If such a plan of
reorganization were approved, all pending and future Harbison- Walker-related lawsuits
against the debtor and Dresser Industries would be channeled to a Section 524(g)/105 trust
for resolution and payment. The U.S. Bankruptcy Code allows the creation of such a trust
provided seventy-five percent of asbestos plaintiffs approve its creation.
The bankruptcy court also will be asked to approve $35 million in
debtor- in-protection (DIP) financing by Dresser Industries to Harbison-Walker so that
Harbison-Walker can continue operations during the pendency of the Chapter 11 proceeding
and emerge from bankruptcy as a viable company. Dresser Industries also agreed to pay $40
million to RHI Refractories Holding Company to facilitate the Chapter 11 filing. Dresser
Industries will pay RHI an additional $35 million if an acceptable plan of reorganization
is filed with the bankruptcy court and another $85 million if an acceptable plan and trust
are ultimately approved and confirmed by the court.
In 1992 Dresser Industries spun-off its Harbison-Walker operations
and certain other operations to its shareholders in the form of the stock of INDRESCO,
Inc. As part of that spin-off, INDRESCO, which subsequently changed its name to
Harbison-Walker, contractually assumed responsibility for all of the asbestos-related
claims associated with the Harbison-Walker business filed after the spin-off.
Harbison-Walker also agreed to indemnify Dresser Industries against all costs associated
with post spin-off claim.
Dresser Industries granted Harbison-Walker access to its insurance
policies to pay defense and settlement costs. Even though Dresser Industries and
Harbison-Walker have accessed that insurance for almost a decade since the spin-off, as of
today's bankruptcy filing by Harbison-Walker, the available products liability limits of
that insurance is approximately $2.1 billion. Since December 31, 1999, Harbison-Walker
(which is a wholly owned subsidiary of Global Industrial Technologies, Inc.) has been part
of the United States operations of Austrian-based RHI AG.
Global, its subsidiary A.P. Green Industries Inc. and North American
Refractories Company (NARCO), another subsidiary of RHI Refractories Holding Company, also
have filed for protection under Chapter 11 in the same court -- NARCO on January 4, 2002,
and Global and A.P. Green on February 14, 2002.
Halliburton, founded in 1919, is one of the world's largest
providers of products and services to the petroleum and energy industries. The company
serves its customers with a broad range of products and services through its Energy
Services Group and Engineering and Construction Group business segments. The company's
World Wide Web site can be accessed at www.halliburton.com .
SOURCE: Halliburton Company
*** POSTED FEBRUARY 15,
2002 ***
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