As an attorney who has spent years fighting for policyholders, I’ve seen how wildfire recovery has shifted from simple “char and ash” claims to a complex battle over toxic urban conflagration.
I had the privilege of joining United Policyholders (UP) and a stellar panel of experts for a deep dive into the unique challenges facing those impacted by the 2024 and 2025 California wildfires, specifically the Eaton and Palisades fires.
If you missed the live session, I highly recommend catching the recording and downloading the slide deck at uphelp.org/Dec18.
Here are my key takeaways from our discussion.
- The “Urban Megafire” Reality
The 2025 LA wildfires weren’t just forest fires; they were urban conflagrations. This means the smoke wasn’t just wood—it contained toxic byproducts from burned batteries, solar panels, plastics, and heavy metals.
The standard is clear: Your insurance is supposed to cover the cost of restoring your home to its pre-loss condition, subject to policy limits. However, many insurers still use outdated protocols that don’t account for modern scientific knowledge of indoor air quality and chemical off-gassing.
- Testing is Your Best Evidence
One of the most critical points we discussed was that testing before cleaning should be standard protocol.
* Why it matters: Testing documents the specific contaminants (like lead, asbestos, or VOCs) present inside wall cavities, attics, and HVAC systems.
* The “Ideal Order”: You should aim for a pre-cleaning inspection by a qualified professional (like an Industrial Hygienist), followed by a detailed remediation plan, and finally post-cleaning testing to confirm the air is actually safe.
* A Tip on “Soft Goods”: We received many questions about curtains and carpets. If a professional report recommends replacement over cleaning due to toxicity, stand your ground—”cleanable” is a subjective term that doesn’t always mean “safe”.
- Knowing Your California Rights
You have more leverage than you might think under the California Insurance Code:
* Section 2071: You have the legal right to obtain copies of all claim-related documents in your file, including repair estimates, reports, and third-party findings. The insurer must provide these within 15 calendar days of your request.
* Smoke is Fire: Legally, wildfire debris damage (smoke, ash, char) is fire damage and must be covered.
* The FAIR Plan Change: It’s worth noting that the FAIR Plan has adjusted its practices; they no longer require damage to be evidenced by “permanent physical changes” to trigger smoke coverage.
- How to Move Forward
If you are facing delays, seven different adjusters, or a “denial of smoke coverage” despite visible soot, you must be a “business-like” advocate for your own claim. Keep a daily journal, document every communication, and don’t be afraid to file a formal complaint with the California Department of Insurance.
Special thanks to my fellow panelists—Shawn Rau, Dr. Joe Nieusma, Kristopher Griffith, Sandra Moriarty, and Jeanine Humphrey—as well as the incredible community leaders from Eaton Fire Residents United, Eaton Standing Homes, and Team Palisades.
Recovery is a marathon, not a sprint. Be persistent, get qualified help, and remember that you don’t have to navigate this alone.
