California FAIR Plan Under Fire for Denying Smoke Damage Claims
Despite a court ruling and regulatory sanctions, California’s insurer of last resort, the California FAIR Plan, continues to deny smoke damage claims from homeowners affected by the January wildfires. According to a Los Angeles Times review of denial letters, policyholders have been denied coverage for smoke damage, drywall removal, insulation replacement, and other building materials even when testing revealed toxic contamination inside homes (LA Times).
What’s at Stake for Homeowners
The January wildfires destroyed nearly 17,000 structures and left thousands of others standing but damaged by toxic smoke and soot. Many homeowners submitted property insurance claims for professional cleaning or structural repairs. Instead, they’ve been told their policies only cover losses that meet a narrow definition of “distinct, demonstrable and physical alteration.”
For policyholders, this often means insurers argue that remediation is unnecessary or that basic cleaning is sufficient even when independent industrial hygienists find carcinogens and particulates in the home.
a Los Angeles Times review of denial letters, policyholders have been denied coverage for smoke damage, drywall removal, insulation replacement, and other building materials even when testing revealed toxic contamination inside homes (LA Times).
Legal and Regulatory Pushback
In June, Los Angeles County Superior Court Judge Stuart Rice ruled that the FAIR Plan’s prior requirement of “permanent physical changes” violated California law by providing less coverage than the state’s Standard Form Fire Insurance Policy. Shortly after, the California Department of Insurance issued a cease-and-desist warning, accusing the FAIR Plan of unfair claim denials and failure to investigate properly.
Still, the FAIR Plan continues to deny smoke claims, now citing a 2024 California Supreme Court decision in a COVID-related insurance case to justify requiring “direct physical loss.” Regulators, however, maintain that smoke damage is not automatically excluded under California law.
Who’s affected?
Behind these denials are real families. One Pacific Palisades homeowner provided testing that showed toxic contamination throughout their property — with recommendations to replace drywall, plaster, and wooden floors. The FAIR Plan instead concluded a surface cleaning was sufficient, denying the claim.
Another homeowner described spending nearly $200,000 out of pocket after their smoke damage claim was denied, calling the experience “toxic, traumatic, bad faith, immoral.”
For many, the financial losses, structural damage, and mold risk tied to smoke exposure will linger for years.
Why This Matters Beyond California
Although this case centers on California, the issues resonate nationwide. As we’ve covered in our blogs on Texas insurance rate hikes and Florida’s claim denials after Hurricane Debby, policyholders in disaster-prone regions often face the same obstacles: claim denials, underpayments, and confusing policy exclusions that leave them shouldering the cost of recovery.
What Homeowners Should Do
If you are facing a denied smoke damage claim:
- Document all visible damage, including roof damage, siding damage, and interior smoke stains.
- Request a full written explanation for the denial.
- Hire an independent adjuster or hygienist to test for hidden toxins.
- Consult an insurance attorney if your insurer refuses to cover legitimate fire damage or smoke damage.
How Chad T. Wilson Law Firm Can Help
At the Chad T. Wilson Law Firm, we represent homeowners and businesses when insurance companies deny, delay, or underpay claims. From fire and smoke damage claims to commercial property losses, our team holds insurers accountable when they fail to live up to their promises.
If your claim has been denied or mishandled, don’t face it alone. Contact us today for a free consultation.
Your recovery is our mission.
Practice Areas
The Chad T. Wilson Law Firm represents policyholders in various types of insurance disputes:
- Hail Damage Claims
- Commercial & Large Loss Claims
- Windstorm Claims
- Water Damage & Frozen Pipe Claims
- Fire & Smoke Damage Claims
- Hurricane Damage Claims
Why Choose a Houston Windstorm Insurance Damage Lawyer?
If your windstorm damage claim has been denied, delayed, or underpaid, the Chad T. Wilson Law Firm can help. Based in Houston, our attorneys specialize in handling windstorm insurance disputes nationwide. We fight for the coverage you’re owed. Contact our team today for a free consultation.
Do not lose hope if you have filed an insurance claim and were denied or underpaid. Let the Chad T. Wilson Law Firm get justice for you.
