- 20 - in an attempt to settle the case in Appeals. Petitioners’ contention is based on their understanding of the controversy and the factual development of the case at the time of the Appeals conference. Petitioners argue that they made a good faith effort to settle and thereby exhausted their administrative remedies. Respondent’s contentions that petitioner should have provided Appeals with more information can be divided into two general categories: (1) Information already in petitioners’ possession concerning the damage to their residence, and (2) information concerning the insurance company’s intent not to pay petitioners for punitive damages. Initially, we consider the first category of information available to petitioners that was not provided to the Appeals officer. In connection with their claim against the insurance company, petitioners obtained two engineering reports concerning the damage to the subsoil and to petitioners’ residence. Those reports were not provided to the Appeals officer, but they were presented at trial in order to support petitioners’ position regarding the repairs to the residence. Although the reports provided some support for petitioners’ contention that the repairs exceeded the insurance recovery, the reports would not have resolved the issue being considered by Appeals; i.e., whether the settlement payment was paid to petitioners in satisfaction of their claim for punitive damages.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011