Ocean Palms Condominium is a 38-floor, 262-unit very high-end condominium located in Hollywood Beach, FL. On November 11, 2011 Ocean Palms suffered a stoppage in the building’s plumbing system that resulted in multiple floor and units being damaged. The association immediately hired restoration people to clean up the areas affected.
Ocean Palms then sought help from its insurance company for the emergency service cost as well as the repair cost to the damaged condominium property. The insurance company claiming to have investigated the facts of the loss, denied the claim in its entirety. Tutwiler & Associates having been recommended to the Board of Directors was retained to assist in the recovery of damages and to turn the coverage denial around. Tutwiler’s investigation concluded that this loss was in fact a covered loss. The stoppage in the main plumbing sanitary riser located on the insured’s property was a covered loss and the exclusion the insurance carrier relied on (an overflow of a sewer, drain, or sump) did not apply.
As a result of this distinction, which is supported by Florida case law, coverage was applied to this condominium association resulting in a six figure settlement.