UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Sections 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 29, 2002
The Hartford Financial Services Group, Inc.
(Exact name of registrant as specified in its charter)
Delaware 0-19277 13-3317783
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(State or other (Commission File Number) (I.R.S. Employer
jurisdiction of
incorporation) Identification No.)
The Hartford Financial Services Group, Inc.
Hartford Plaza
Hartford, Connecticut 06115-1900
(Address of principal executive offices)
(Zip Code)
(860) 547-5000
(Registrant's telephone number, including area code)
ITEM 9. REGULATION FD DISCLOSURE
On October 7, 2002, an action was filed in the Superior Court in Alameda County,
California, against Hartford Accident and Indemnity Company ("Hartford A&I"), a
subsidiary of The Hartford Financial Services Group, Inc. (the "Company"), and
two other insurers. The principal plaintiffs are Mac Arthur Company and its
subsidiary, Western Mac Arthur Company, both former regional distributors of
asbestos products (collectively or individually, "Mac Arthur"). Mac Arthur seeks
a declaration of coverage and damages for asbestos bodily-injury claims. Five
asbestos claimants who allegedly have obtained default judgments against Mac
Arthur also are joined as plaintiffs; they seek to recover the amount of their
default judgments and additional damages directly from the defendant insurers
and assert a right to an accelerated trial.
Hartford A&I issued primary general liability policies to Mac Arthur during the
period 1967-76. Mac Arthur sought coverage for asbestos-related claims from
Hartford A&I under these policies beginning in 1978. During the period 1978 to
1987, Hartford A&I paid out its full aggregate limits under these policies plus
defense costs. In 1987, Hartford A&I notified Mac Arthur that its available
limits under these policies had been exhausted, and Mac Arthur ceased submitting
claims to Hartford A&I under these policies.
On June 3, 2002, The St. Paul Companies, Inc. ("St. Paul") announced a
settlement of a coverage action brought by Mac Arthur against United States
Fidelity and Guaranty Company ("USF&G"), a subsidiary of St. Paul. Under the
settlement, St. Paul agreed to pay a total of $975 million to resolve its
asbestos liability to Mac Arthur in conjunction with a proposed bankruptcy
petition and pre-packaged plan of reorganization that Mac Arthur is to file.
USF&G provided at least 12 years of primary general liability coverage to Mac
Arthur, but, unlike Hartford A&I, had denied coverage and had refused to pay for
defense or indemnity.
In its October 7th complaint, Mac Arthur alleges that it has approximately $1.8
billion of unpaid asbestos liability judgments against it to date. It seeks
additional coverage from Hartford A&I on the theory that Hartford A&I has
exhausted only its products aggregate limit of liability, not separate limits
available for non-products liability. The ultimate amount of Mac Arthur's
alleged non-products asbestos liability, including any unresolved current and
future claims, is currently unknown. Mac Arthur indicates in its complaint that
it will seek to have the full amount of its current and future asbestos
liability estimated in its anticipated bankruptcy proceeding. If such an
estimation is made, Mac Arthur intends to seek a judgment against the defendants
for the amount of its total liability, including estimated claims, less the
amount ultimately paid by St. Paul.
Hartford A&I intends to defend the Mac Arthur action vigorously. Based on the
information currently available to it, management believes that Hartford A&I's
liability, if any, to Mac Arthur will not be finally resolved for at least a
year and most probably not for several years. In the opinion of management, the
ultimate outcome is highly uncertain for many reasons. It is not yet known, for
example, in which venue Hartford A&I's liability, if any, will be determined;
whether Hartford A&I's defenses based on Mac Arthur's long delay in asserting
claims for further coverage will be successful; how other significant coverage
defenses will be decided; or the extent to which the claims and default
judgments against Mac Arthur involve injury outside of the products and
completed operations hazard definitions of the policies. In the opinion of
management, an adverse outcome could have a material adverse effect on the
Company's results of operations, financial condition and liquidity.
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 thereunto duly authorized.
The Hartford Financial Services Group, Inc.
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(Registrant)
Date: October 29, 2002 By: /s/ Neal S. Wolin
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Name: Neal S. Wolin
Title: Executive Vice President
and General Counsel