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CONTINGENCIES AND OTHER ACCRUED LOSSES | 6 Months Ended
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Nov. 30, 2012
CONTINGENCIES AND OTHER ACCRUED LOSSES | NOTE 9 — CONTINGENCIES AND OTHER ACCRUED LOSSES We provide, through our wholly owned insurance subsidiaries, certain insurance coverage, primarily product liability coverage, 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. We also offer warranty programs at several of our industrial businesses and have established a product warranty liability. We review this liability for adequacy on a quarterly basis and adjust it as necessary. The primary factors that could affect this liability may include changes in the historical system performance rate as well as the costs of replacement. Provision for estimated warranty costs is recorded at the time of sale and periodically adjusted, as required, to reflect actual experience. It is probable that we will incur future losses related to warranty claims we have received but that have not been fully investigated and related to claims not yet received. While our warranty liability represents our best estimate at November 30, 2012, we can provide no assurances that we will not experience material claims in the future or that we will not incur significant costs to resolve such claims beyond the amounts accrued or beyond what we may recover from our suppliers. Product warranty expense is recorded within selling, general and administrative expense. The following table includes the changes in our accrued warranty balances:
|  | Three Months Ended November 30, |  |  | Six Months Ended November 30, |
|  | 2012 |  |  | 2011 |  |  | 2012 |  |  | 2011 |
|  | (In thousands) |
Beginning Balance |  | $ | 14,527 |  |  | $ | 16,965 |  |  | $ | 14,751 |  |  | $ | 17,196 |
Deductions (1) |  |  | (4,082 | ) |  |  | (4,833 | ) |  |  | (7,987 | ) |  |  | (8,905 | )
Provision charged to SG&A expense |  |  | 4,693 |  |  |  | 4,198 |  |  |  | 8,374 |  |  |  | 8,039 |
Ending Balance |  | $ | 15,138 |  |  | $ | 16,330 |  |  | $ | 15,138 |  |  | $ | 16,330 |
(1) | Primarily claims paid during the year.
In addition, like other companies participating in similar lines of business, some of our subsidiaries 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 and are not material to our financial statements during any of the periods presented. During our fiscal year ended May 31, 2013, we recorded an adjustment to our current product liability reserves to remove the impact of claims that we determined will not likely be paid out over the next 12 months, which should have been included in the long-term product liability reserves as of May 31, 2012. As a result, long-term accrued product liability reserves (a component of other long-term liabilities on our Consolidated Balance Sheets) were increased by $27.0 million and $25.8 million, and current accrued product liability reserves (a component of accrued loss reserves on our Consolidated Balance Sheets) were decreased by an equal amount, in order to reflect this reclassification as of November 30, 2012 and May 31, 2012, respectively. During the second quarter of fiscal 2013, we recorded $16.9 million of additional accrual associated with the GSA matter. This is in addition to an $11.4 million accrual we recorded associated with this matter in the first quarter of fiscal 2013. The substantial majority of the accrual relates to the sale of products and services from 2002 to 2008. Our Tremco Roofing Division is in ongoing discussions with the U.S. Department of Justice (the “DOJ”) and the GSA aimed at resolving the investigation. We are cooperating with the investigation, which involves compliance with certain pricing terms and conditions of GSA contracts under which our Tremco Roofing Division sold products and services to the federal government. The $28.3 million accrual recorded at November 30, 2012 for this contingency represents our best estimate of the amount of probable loss that may result from this matter. In assessing our probable loss, we have considered the potentially disputed amounts under the relevant contracts, together with our understanding of policies for resolving such matters. It is reasonably possible that the actual amount of our loss may vary materially from the amount of the accrual. The ultimate loss related to this investigation may be subject to a “multiplier” that is determined by the DOJ, based on their consideration of the facts and circumstances related to this matter. This “multiplier” can range from one to three times the amount due to the government. The accrual for this contingency is classified in other accrued liabilities in our Consolidated Balance Sheets and the loss is classified as estimated loss contingency in our Consolidated Statements of Income as of and for the period ended November 30, 2012.

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