-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, G76CqqihdGz3DqnNMc8VIQhdVSVITZQ4f7PWvO1X5a5yOCdMyljBCmFHceZLrQxp QgRMKxJ+QAA+Y0v1mKeG3g== 0000075234-99-000010.txt : 19990624 0000075234-99-000010.hdr.sgml : 19990624 ACCESSION NUMBER: 0000075234-99-000010 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 19990623 ITEM INFORMATION: FILED AS OF DATE: 19990623 FILER: COMPANY DATA: COMPANY CONFORMED NAME: OWENS CORNING CENTRAL INDEX KEY: 0000075234 STANDARD INDUSTRIAL CLASSIFICATION: ABRASIVE ASBESTOS & MISC NONMETALLIC MINERAL PRODUCTS [3290] IRS NUMBER: 344323452 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-03660 FILM NUMBER: 99650821 BUSINESS ADDRESS: STREET 1: OWENS CORNING WORLD HEADQUARTERS STREET 2: ONE OWENS CORNING PKWY CITY: TOLEDO STATE: OH ZIP: 43659 BUSINESS PHONE: 4192488000 MAIL ADDRESS: STREET 1: OWENS CORNING WORLD HEADQUARTERS STREET 2: ONE OWENS CORNING PARKWAY CITY: TOLEDO STATE: OH ZIP: 43659 FORMER COMPANY: FORMER CONFORMED NAME: OWENS CORNING FIBERGLAS CORP DATE OF NAME CHANGE: 19920703 8-K 1 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 23, 1999. OWENS CORNING (Exact name of registrant as specified in its charter) Delaware 1-3660 34-4323452 State or other (Commission (IRS Employer jurisdiction File Number) Identification of incorporation) No.) One Owens Corning Parkway 43659 Toledo, Ohio (Zip Code) (Address of principal executive offices) (419) 248-8000 (Registrant's telephone number, including area code) Item 5. Other Events. (a) June 23, 1999 Press Release. On June 23, 1999, Owens Corning issued the press release attached hereto as Exhibit 99. Such press release is incorporated herein by this reference. Item 7. Financial Statements and Exhibits (c) Exhibits The exhibit accompanying this report is listed in the accompanying Exhibit Index. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized. OWENS CORNING Registrant By: /s/ Steven J. Strobel Steven J. Strobel Vice President and Controller Dated: June 23, 1999 EXHIBIT INDEX The following exhibit is filed herewith: Exhibit No. 99. Press Release of Owens Corning dated June 23, 1999. EX-99 2 EXHIBIT 99 Contact: Jules L. Vinnedge William K. Hamilton Investor Relations Media Relations 419-248-7377 419-248-6190 U.S. Supreme Court Overturns Fibreboard Global Class Action Settlement TOLEDO, Ohio, June 23, 1999 - Owens Corning (NYSE: OWC) announced today that the United States Supreme Court has overturned the global class settlement of all asbestos personal injury claims against its wholly owned subsidiary, Fibreboard Corporation. While the Court returned the case to the lower courts for further proceedings, it appears unlikely that the settlement can overcome the many hurdles for approving a limited-fund class under Rule 23 (b)(1)(B), as set forth by the Court's opinion. If, as expected, the global class settlement is finally disapproved, Fibreboard's insurance settlement will become effective. Under the insurance settlement, which received final Court approval in 1997, Fibreboard will receive an insurance settlement of approximately $1.9 billion, which will be used to resolve Fibreboard's asbestos claims. "To plan for this possible outcome, we included Fibreboard in the Owens Corning National Settlement Program," said Glen H. Hiner, chairman and chief executive officer. "The NSP provides for the resolution of the vast majority of pending and future Fibreboard claims, as well as Owens Corning claims." Owens Corning and Fibreboard have negotiated long-term agreements with more than 80 plaintiffs' firms that provide for resolution of pending Owens Corning and Fibreboard cases and establish a case processing arrangement to resolve future claims without litigation. The Fibreboard portions of those agreements are contingent on the class action settlement being finally overturned. More than 100,000 asbestos claims pending against Fibreboard could be resolved under the National Settlement Program (NSP). Payment of these claims would be made over the next five years, with most payments occurring in 1999 through 2001. Owens Corning announced its NSP in December 1998 and said it signed agreements with more than 50 law firms resolving more than 176,000 asbestos cases pending against the company. Since then, more plaintiff law firms have signed agreements with the company, bringing the total of participating law firms to more than 80. The total number of resolved cases is now more than 188,000. Background - ---------- During 1993, Fibreboard, its insurers and representatives of a class of future asbestos plaintiffs, entered into a global settlement. Under this settlement, Fibreboard would have been protected by an injunction from personal injury claims and would have had no further asbestos personal injury liabilities. On July 26, 1996, the United States Court of Appeals (Fifth Circuit) affirmed the global settlement by a majority decision. Opposing parties appealed the decision on June 27, 1997 to the Supreme Court. The Supreme Court granted the petition, vacated the Fifth Circuit's decision and remanded the case to the Fifth Circuit Court for further consideration. On January 27, 1998, a panel of the Fifth Circuit Court reaffirmed its prior decision by a majority vote, again approving the global settlement. The Supreme Court again granted certiorari, and an oral argument was held on December 8, 1998. Owens Corning is a world leader in building materials and glass fiber composites systems. The company had 1998 sales of $5 billion and employs approximately 20,000 worldwide. -----END PRIVACY-ENHANCED MESSAGE-----