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We provide, through our wholly-owned insurance subsidiaries,
certain insurance coverage, primarily product liability, to our
other subsidiaries. Excess coverage is provided by third-party
insurers. Our reserves provide for these potential losses as well
as other uninsured claims. As of May 31, 2007, the current
portion of these reserves amounted to $55.0 million as
compared with $53.8 million at May 31, 2006, while the total
long-term reserves of $8.8 million at May 31, 2007 compare
with $13.3 million at May 31, 2006. Product warranty expense
is recorded within selling, general and administrative expense.
The changes in the reserve balance have occurred primarily as
a result of our continuing evaluation of our liability under a
class action lawsuit settlement covering our Dryvit residential
exterior insulated finish systems product line (“EIFS”). We also
offer a warranty program for our roofing systems and have
established a product warranty reserve. We review this reserve
for adequacy on a quarterly basis and adjust it as necessary.
The primary factors that could affect this reserve may include
changes in the historical system performance rate as well as
the costs of replacement.
Third-party excess insurers have historically paid varying
shares of Dryvit’s defense and settlement costs for individual
commercial and residential EIFS lawsuits under various costsharing
agreements. Dryvit has assumed a greater share of
the costs associated with its EIFS litigation as it seeks funding
commitments from our third-party excess insurers and will
likely continue to do so pending the outcome of coverage
litigation involving these same third-party insurers. One of
our excess insurers filed suit seeking a declaration with respect
to its rights and obligations for EIFS related claims under its
applicable policies. During last year’s fiscal third quarter, the
court granted Dryvit’s motion to stay the federal filing based
on a more complete state court complaint filed against these
same insurers and the Company’s insurance broker. The
coverage case is now proceeding in state court. Discovery
in this litigation is ongoing. The trial is scheduled for
December 3, 2007..
In addition, like others in similar businesses, we are involved in
several proceedings relating to environmental matters. It is our
policy to accrue remediation costs when it is probable that
such efforts will be required and the related costs can be
reasonably estimated. These liabilities are undiscounted.
Provision for estimated warranty costs is recorded at the time
of sale and periodically adjusted to reflect actual experience.
We operate a portfolio of businesses and product lines which
manufacture and sell a variety of specialty paints, protective
coatings and roofing systems, sealants and adhesives. We
manage our portfolio by organizing our businesses and
product lines into two reportable operating segments, the
consumer segment and the industrial segment. Within each
reportable operating segment,
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individual groups of companies
and product lines generally address common markets, utilize
similar technologies, and can share manufacturing or
distribution capabilities.
Our industrial segment products are sold throughout North
America and also account for the majority of our international
sales. Our industrial product lines are sold directly to
contractors, distributors and end-users, such as industrial
manufacturing facilities, public institutions and other
commercial customers.
Our consumer segment manufactures and markets professional
use and do-it-yourself (“DIY”) products for a variety of mainly
consumer applications, including home improvement,
automotive maintenance and boat repair, and personal leisure
activities. Our consumer segment's major manufacturing and
distribution operations are located primarily in North America.
Consumer segment products are sold throughout North
America directly to mass merchandisers, home improvement
centers, hardware stores, paint stores, automotive supply
stores, craft shops and to other smaller customers through
distributors.
In addition to two reportable operating segments, there are
certain business activities, referred to as corporate/other, that
do not constitute an operating segment, including corporate
headquarters and related administrative expenses, results of
our captive insurance companies, gains or losses on the sales of
certain assets and other expenses not directly associated with
either reportable operating segment. Related assets consist
primarily of investments, prepaid expenses, deferred pension
assets, and headquarters property and equipment. These
corporate and other assets and expenses reconcile reportable
segment data to total consolidated net sales, income before
income taxes, identifiable assets, capital expenditures, and
depreciation and amortization.
The ten largest consumer segment customers represented
approximately 20%, 22% and 25% of our consolidated net
sales and approximately 55%, 55% and 57% of consumer net
sales for 2007, 2006 and 2005, respectively. Sales to The Home
Depot represented 9%, 10% and 11% of our consolidated net
sales and 24%, 25% and 26% of our consumer segment net
sales for 2007, 2006 and 2005, respectively.
We reflect income from our joint ventures on the equity
method, and receive royalties from our licensees. Total income
from royalties and joint ventures amounted to approximately
2% or less of income before income taxes for each of the
periods presented, and is therefore included as an offset to
selling, general and administrative expenses. Export sales
amounted to less than 10% of net sales for each of the three
years presented.
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