Orange Beach, Ala. – (OBA) – Opulent condo complex Turquoise Place is suing its insurance providers because it says all windows in gleaming towers need replacing because new ones can’t be matched to the same color.

“The exterior windows of Turquoise Place are unique to Turquoise Place,” the lawsuit, filed on Aug. 8, states. “When Turquoise Place was originally built, the exterior windows were designed and manufactured with a specially-formulated tint that gave Turquoise Place its signature characteristic—a beautiful turquoise shade that was uniform from all vantage points. This also was true when the Policy was issued to Plaintiff, and Plaintiff expected and believed that the Policy provided coverage to maintain the uniformity of the color of the exterior windows of Turquoise Place.”

But when it came to replace the windows damaged from Sally, owners of Turquoise Place found out the signature tint could not be replicated.

“In the course of repairing the exterior windows of Turquoise Place after Hurricane Sally, the parties learned that the specially-formulated tint of Turquoise Place’s exterior windows was no longer available,” the filing states. “While the tint could be approximated, it could not be matched exactly. Therefore, in order to maintain the uniformity of the color of the exterior windows of Turquoise Place, all of the exterior windows should be replaced.”

The defendants in the filing, eight separate with Lloyd’s of London subsidiaries and each responsible for a percentage of the damage, contend they should only have to pay to replace those that were actually damaged in the storm.

“Plaintiff and the Defendant Insurers dispute whether all of the loss or damage to Turquoise Place claimed by Plaintiff is covered by the Policy,” the filing states. “Specifically, Plaintiff maintains that it is entitled under the Policy to the cost of replacing all exterior windows of Turquoise Place, while the Defendant Insurers dispute that Plaintiff is entitled under the Policy to be paid the cost of replacing all exterior windows and instead contend that Plaintiff is entitled only to be paid the cost of replacing certain windows.”

There are two charges in the suit one seeking a declaratory judgment for Turquoise Place and a second charging breach of contract by the insurance companies for failing to replace all the windows at the complex.

“Pursuant to the Policy, the Defendant Insurers have a contractual obligation to pay the full amount of Turquoise Place’s covered losses, including the costs to repair, restore, and/or replace all exterior windows of Turquoise Place with the same shade or tint,” the filing states. “Plaintiff has fully performed under the Policy, including without limitation by exhausting the applicable deductible. The Defendant Insurers have breached the Policy by failing to pay Plaintiff all benefits due and owing under the Policy.”

The filing was made on behalf of Turquoise Place by attorney Wesley Gilchrist and it demands a jury trial to settle the dispute.