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OHL USA, INC. AND SUBSIDIARIES <br />NOTES TO CONSOLIDATED FINANCIAL STATEMENTS <br />DECEMBER 31, 2020 <br />Note 19 - Contingencies <br />The Company is contingently liable to its surety under a general indemnity agreement. Under <br />this agreement, the Company agrees to indemnify the surety for any payments made on its <br />behalf. The Company believes that all contingent liabilities will be satisfied by its performance <br />on the specific contracts covered by the ag-eement. <br />The Company is involved in various legal proceedings and litigation arising in the ordinary <br />course of business. The Company intends to vigorously dispute liability for the various claims. <br />It is too early to determine whether the out:;ome of such proceedings and litigation will have a <br />material adverse effect on the Company's consolidated financial statements. <br />The Company has letters of credit outstanding aggregating $15,994,396 for the benefit of its <br />insurance carriers. The letters of credit are in varying amounts. The letters of credit expire at <br />varying times through December 2023. The letters of credit have not been drawn upon at <br />December 31, 2020. <br />The Company make contributions to union -administered defined benefit pension plans under <br />collectively bargained agreements. If the Company were to withdraw from any of these plans <br />or should any of the plans be terminated, the Company could be liable for a proportionate <br />share of the unfunded actuarial present value of plan benefits at the date of withdrawal or <br />termination. The amount of the potential impact to the Company of such unfunded liability is <br />not known. <br />The Company is self-insured for losses and liabilities related to medical insurance claims up to <br />a predetermined amount, above which th_rd-party insurance applies. Losses are accrued at <br />the maximum potential loss exposure based on the Company's predetermined amount set <br />forth in the medical insurance plan. It is a least reasonably possible that these estimates will <br />change in the near term. At December 31, 2020, the Company's medical insurance accrual <br />was approximately $1,872,000 and is included in accrued expenses and other current <br />liabilities in the accompanying consolidated balance sheet. <br />Community is partially self-insured for workers' compensation, general liability and automobile <br />claims up to $250,000 per occurrence, subject to an annual aggregate limitation of $4,000,000 <br />during the year ended December 31, 2020. Claims over $250,000 per occurrence or <br />aggregating in excess of the correspondirg annual aggregate limitation per year are covered <br />by a stop -loss insurance policy. Community assumes the risk under these insurance policies <br />for claims less than $250,000. Insurance losses for claims use historical experience and <br />certain actuarial assumptions followed in the insurance industry. The estimate of the <br />insurance liability includes an estimate of incurred, but not reported claims based on data <br />compiled from historical experience. Clair -is paid are charged against the accrued insurance <br />losses. Accrued insurance reserves at December 31, 2020 totaled $3,215,238, which is <br />included in accrued expenses and other current liabilities in the accompanying consolidated <br />balance sheet. <br />33 <br />