Oct 21 (Reuters) - Carrier Global ( CARR ) has reached a $730
million settlement with its fire protection unit Kidde-Fenwal
and claimants that have sued the bankrupt subsidiary over toxic
"forever chemicals" in its firefighting foam products.
Kidde-Fenwal said in a Friday court filing in Delaware that
it would use the settlement to create a Chapter 11 plan that
would pay its creditors, including local governments, companies
and individuals who have claimed that firefighting foam products
it sold contaminated drinking water and soil with perfluoroalkyl
and polyfluoroalkyl substances, known as PFAS or "forever
chemicals," near airports and military bases around the U.S.
The settlement has the support of a committee representing
Kidde-Fenwal's junior creditors and the lead plaintiffs in the
PFAS lawsuits.
The company has agreed to pay $540 million to Kidde-Fenwal
and $190 million to the PFAS plaintiffs.
Carrier said in a Friday filing with the U.S. Securities and
Exchange Commission that it will fund the settlements with $615
million in cash paid over five years, plus $115 million that was
raised from the sale of Kidde-Fenwal's assets to private equity
firm Pacific Avenue Capital Partners, which was approved in
April.
Carrier said it is entitled to up to $2.4 billion in
insurance payouts for the PFAS claims, enough to cover its costs
for the settlement. Carrier also agreed to contribute additional
insurance rights to Kidde-Fenwal, which may make more funding
available for the water pollution settlements.
Kidde-Fenwal filed for bankruptcy in May 2023, after being
named as a defendant in more than 4,400 PFAS lawsuits that have
been centralized in federal court in South Carolina.
The lawsuits were filed by local governments, companies and
individuals who alleged that a chemical firefighting foam
products that the company sold from 2007 to 2013 used at
airports and military bases had caused extensive contamination
of drinking water and soil.
Water providers in the U.S. have reached a $10.3 billion
settlement with 3M ( MMM ) and a $1.19 billion settlement with DuPont,
Chemours and Corteva ( CTVA ), resolving their claims that those
companies contaminated drinking water with PFAS.
The case is Kidde-Fenwal Inc, U.S. Bankruptcy Court for the
District of Delaware, No. 23-10638.
For Kidde-Fenwal: Brian Glueckstein and Justin DeCamp of
Sullivan & Cromwell
For the creditors' committee: David Molton of Brown Rudnick
Read more:
Fire protection company Kidde-Fenwal files for bankruptcy
citing PFAS lawsuits
3M's ( MMM ) $10.3 billion PFAS settlement gets preliminary approval
Litigation over 'forever chemicals' is growing: Is your
company the next defendant?