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Commitments and Contingencies | 12 Months Ended
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Dec. 31, 2011
Commitments and Contingencies [Abstract] |
Commitments and Contingencies |
19. | Commitments and Contingencies
Total rent expense for the three years ended December 31, 2011 was as follows (in thousands):
|  | Total |  |  | Real Estate |  |  | Other |
2011 |  | $ | 9,385 |  |  | $ | 7,195 |  |  | $ | 2,190 |
2010 |  |  | 10,038 |  |  |  | 7,949 |  |  |  | 2,089 |
2009 |  |  | 9,767 |  |  |  | 7,739 |  |  |  | 2,028 |
At December 31, 2011, we are obligated to make minimum rental payments through 2018, under operating leases, which are as follows (in thousands):
2012 |  | $ | 7,643 |
2013 |  |  | 7,614 |
2014 |  |  | 5,467 |
2015 |  |  | 4,958 |
2016 |  |  | 4,313 |
Thereafter |  |  | 2,128 |
Total |  | $ | 32,123 |
We generally warrant our products against certain manufacturing and other defects. These product warranties are provided for specific periods of time of the product depending on the nature of the product. As of December 31, 2011 and 2010, we have accrued $13.5 million and $12.2 million, respectively, for estimated product warranty claims included in accrued customer returns. The accrued product warranty costs are based primarily on historical experience of actual warranty claims. Warranty expense for each of the years 2011, 2010 and 2009 were $63.5 million, $52.9 million, and $46.5 million, respectively. The following table provides the changes in our product warranties:
|  | December 31, |
|  | 2011 |  |  | 2010 |
|  | (In thousands) |
Balance, beginning of period |  | $ | 12,153 |  |  | $ | 10,476 |
Liabilities accrued for current year sales |  |  | 63,535 |  |  |  | 52,862 |
Settlements of warranty claims |  |  | (62,188 | ) |  |  | (51,185 | )
Balance, end of period |  | $ | 13,500 |  |  | $ | 12,153 |
Letters of Credit At December 31, 2011, we had outstanding letters of credit with certain vendors aggregating approximately $3.9 million. These letters of credit are being maintained as security for reimbursements to insurance companies. The contract amount of the letters of credit is a reasonable estimate of their value as the value for each is fixed over the life of the commitment. Change of Control Arrangements We entered into change in control arrangements with two key officers. In the event of a change of control (as defined in the agreement), each executive will receive severance payments and certain other benefits as provided in their respective agreement. Asbestos In 1986, we acquired a brake business, which we subsequently sold in March 1998 and which is accounted for as a discontinued operation. When we originally acquired this brake business, we assumed future liabilities relating to any alleged exposure to asbestos-containing products manufactured by the seller of the acquired brake business. In accordance with the related purchase agreement, we agreed to assume the liabilities for all new claims filed on or after September 2001. Our ultimate exposure will depend upon the number of claims filed against us on or after September 2001 and the amounts paid for indemnity and defense thereof. At December 31, 2011, approximately 2,080 cases were outstanding for which we may be held responsible for any related liabilities. In the second quarter of 2011, we increased the number of outstanding cases to unbundle previously outstanding consolidated cases. Since inception in September 2001 through December 31, 2011, the amounts paid for settled claims are approximately $12.2 million. We acquired limited insurance coverage up to a fixed amount for defense and indemnity costs associated with certain asbestos-related claims. Under the policy currently in effect, we have submitted claims to our insurance carrier and have received $0.9 million in reimbursement for settlement claims and defense costs. In evaluating our potential asbestos-related liability, we have considered various factors including, among other things, an actuarial study performed by an independent actuarial firm with expertise in assessing asbestos-related liabilities, our settlement amounts and whether there are any co-defendants, the jurisdiction in which lawsuits are filed, and the status and results of settlement discussions. As is our accounting policy, we engage actuarial consultants with experience in assessing asbestos-related liabilities to estimate our potential claim liability. The methodology used to project asbestos-related liabilities and costs in the study considered: (1) historical data available from publicly available studies; (2) an analysis of our recent claims history to estimate likely filing rates into the future; (3) an analysis of our currently pending claims; and (4) an analysis of our settlements to date in order to develop average settlement values. The most recent actuarial study was performed as of August 31, 2011. The updated study has estimated an undiscounted liability for settlement payments, excluding legal costs and any potential recovery from insurance carriers, ranging from $27.5 million to $66.5 million for the period through 2059. The change from the prior year study was a $1.8 million increase for the low end of the range and a $0.4 million decrease for the high end of the range. Based on the information contained in the actuarial study and all other available information considered by us, we concluded that no amount within the range of settlement payments was more likely than any other and, therefore, recorded the low end of the range as the liability associated with future settlement payments through 2059 in our consolidated financial statements. Accordingly, an incremental $1.3 million provision in our discontinued operation was added to the asbestos accrual in September 2011 increasing the reserve to approximately $27.5 million. According to the updated study, legal costs, which are expensed as incurred and reported in earnings (loss) from discontinued operation in the accompanying statement of operations, are estimated to range from $26.2 million to $63 million during the same period. We plan to perform an annual actuarial evaluation during the third quarter of each year for the foreseeable future. Given the uncertainties associated with projecting such matters into the future and other factors outside our control, we can give no assurance that additional provisions will not be required. We will continue to monitor the circumstances surrounding these potential liabilities in determining whether additional provisions may be necessary. At the present time, however, we do not believe that any additional provisions would be reasonably likely to have a material adverse effect on our liquidity or consolidated financial position. Antitrust Litigation In November 2004, we were served with a summons and complaint in the U.S. District Court for the Southern District of New York by The Coalition for a Level Playing Field, which is an organization comprised of a large number of auto parts retailers. The complaint alleges antitrust violations by us and a number of other auto parts manufacturers and retailers and seeks injunctive relief and unspecified monetary damages. Various motions, including motions to dismiss, counter motions and amended pleadings, were filed over the years by the parties. On September 29, 2011, the court dismissed the complaint with prejudice, and on October 27, 2011 the plaintiff filed an appeal, which is pending. We believe that we have meritorious defenses to the plaintiff's claims and will continue to vigorously oppose this lawsuit. Other Litigation We are involved in various other litigation and product liability matters arising in the ordinary course of business. Although the final outcome of any asbestos-related matters or any other litigation or product liability matter cannot be determined, based on our understanding and evaluation of the relevant facts and circumstances, it is our opinion that the final outcome of these matters will not have a material adverse effect on our business, financial condition or results of operations.

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