Green vs. Peoples Trust Insurance Company. Case no. 2017-014789-CA-01; Judge Jennifer D. Bailey, 04-06-22.Attorney for plaintiff: Annette del Aguila of Marin, Eljaiek, Lopez and Martinez, P.L. in Coconut Grove, FL. Attorney for defendant: Hillary M. Sharp Dimitri and Tasha M. Somarriba of Cole, Scott & Kissane, P.A. in Miami, FL.

This lawsuit arises out of a dispute between the plaintiff homeowner and the defendant insurance company for property damage resulting from a cast iron water backup. The defendant denied any breach and argued that the plaintiff filed suit before ever providing the defendant with the required work authorization to complete the repairs. On July 12, 2016, the plaintiff experienced a backup of waste water in her home. The plaintiff testified that the plumbing loss was a flood with water that had manure and a stink and foul smell to it; she described the water as flowing everywhere throughout the property. She testified that waste water traveled from the bathroom, damaging the master bedroom, hallway, living room and warping the laminate flooring. Per the plaintiffs testimony, sewage water was backing up and overflowing from the kitchen sink, and the bathroom toilets and bathtub. She called a plumber to remedy the issue because her house was flooded with sewage and she had young kids who resided with her at the property. The plaintiff incurred necessary and reasonable plumbing expenses in order to protect her property. The plumber performed those repairs for $14,000 of which the plaintiff paid about $2,000.00 (but did not specifically recall how much) on site the day repairs were first performed, and then later paid the remainder of the $14,000 invoice to the plumber for the repairs performed. On July 12, 2016, the plaintiff, the insured and homeowner, retained a public adjuster who promptly submitted the insurance claim to the defendant. The plaintiff maintained that the defendant breached the contract for insurance by failing to reimburse the plaintiff for the monies she paid to the plumber to do necessary repairs and protect the property from further damage. The plumbing company testified through the plumber who performed the repairs. The plumber testified that he arrived at the property to find sewage/fecal matter and water throughout the home. He observed the overflows. He located the broken pipe underneath the bathroom slab and replaced portions of the broken cast iron with PVC. He also testified to accessing plumbing pipes within the walls of the bathroom. He returned to the property about three days later to continue repairs. He further testified regarding the reasonableness and necessity of the repairs performed. The testimony supported that the plumbing company invoiced the plaintiff $14,000 for the repairs. The defendant argued that it was at...