{"id":11135,"date":"2026-05-31T14:01:51","date_gmt":"2026-05-31T14:01:51","guid":{"rendered":"https:\/\/siliconvalleymovingpost.com\/?p=11135"},"modified":"2026-05-31T14:01:51","modified_gmt":"2026-05-31T14:01:51","slug":"battle-over-smoke-damaged-homes-from-la-county-wildfires-could-reshape-fire-insurance","status":"publish","type":"post","link":"https:\/\/siliconvalleymovingpost.com\/?p=11135","title":{"rendered":"Battle over smoke-damaged homes from LA County wildfires could reshape fire insurance"},"content":{"rendered":"<div><p>A surge of fear and anxiety over mold in the early 2000s, and the insurance claims and costly litigation that followed, sent home insurers into a panic, leading most to drop or severely limit mold coverage.<\/p><p>Read more <a href=\"https:\/\/siliconvalleymovingpost.com\/?p=11130\">Lawsuit alleges 136 were sexually abused in San Bernardino County juvenile detention<\/a><\/p>\n<p>Now, smoke damage is creating a similar stampede in California in the aftermath of the devastating 2025 wildfires in Los Angeles County.<\/p>\n<p>The outcome, however, is far less certain, and will involve much more of a fight.<\/p>\n<p>Insurance providers and policyholders are waging war in the Legislature and in courtrooms to settle fierce disputes over how smoke damage should be covered. The outcome could have ramifications nationwide and open the door to billions in additional claims or slam it shut for homeowners who argue the toxic chemicals left behind by smoke can be as devastating as damage caused by flames.<\/p>\n<p>\u201cThe insurers are quaking in their boots here and, to be honest, I don\u2019t blame them,\u201d said Amy Bach, executive director of United Policyholders, a nonprofit consumer advocate for the insured. \u201cThat doesn\u2019t mean it is not their responsibility.\u201d<\/p>\n<div><ul><div><div><li><div>\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" alt=\"Dana Albright leaves Walworth Avenue in Pasadena on Wednesday, January...\" class=\"wp-image-11132\" height=\"683\" src=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca-1024x683.webp\" width=\"1024\" srcset=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca-1024x683.webp 1024w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca-300x200.webp 300w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca-768x512.webp 768w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca-1536x1024.webp 1536w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/1435ab553ea5320495242c623625feca.webp 1860w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/figure>\n<div>Dana Albright leaves Walworth Avenue in Pasadena on Wednesday, January 8, 2025 after checking on her mother\u2019s home which was still standing during the wind-driven Eaton fire. (Photo by Sarah Reingewirtz, Los Angeles Daily News\/SCNG)\n<\/div><\/div><\/li><li><div>\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" alt=\"Smoke shrouds the sun as it rises above the Altadena...\" class=\"wp-image-11133\" height=\"592\" src=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b-1024x592.webp\" width=\"1024\" srcset=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b-1024x592.webp 1024w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b-300x173.webp 300w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b-768x444.webp 768w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b-1536x888.webp 1536w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/dc8a914e5d25747535b1a5c8a72cdc9b.webp 1860w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/figure>\n<div>Smoke shrouds the sun as it rises above the Altadena Town and Country Club which was destroyed by the Eaton fire in Altadena Wednesday morning Jan. 8, 2025. (Photo by Will Lester, Inland Valley Daily Bulletin\/SCNG)\n<\/div><\/div><\/li><li><div>\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" alt=\"Smoke and flames surround the Villa de Leon along Pacific...\" class=\"wp-image-11134\" height=\"647\" src=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b-1024x647.webp\" width=\"1024\" srcset=\"https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b-1024x647.webp 1024w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b-300x190.webp 300w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b-768x485.webp 768w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b-1536x970.webp 1536w, https:\/\/siliconvalleymovingpost.com\/wp-content\/uploads\/2026\/05\/bcd5fbac9062175c258ae72b0f43e60b.webp 1860w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/figure>\n<div>Smoke and flames surround the Villa de Leon along Pacific Coast Highway in the Palisades Fire on Tuesday, January 7, 2025 The mansion offers views of the Pacific Coast Highway and the Pacific Ocean, located near the Getty Villa. (Photo by David Crane, Los Angeles Daily News\/SCNG)\n<\/div><\/div><\/li><\/div><\/div><\/ul><div><div>Dana Albright leaves Walworth Avenue in Pasadena on Wednesday, January 8, 2025 after checking on her mother\u2019s home which was still standing during the wind-driven Eaton fire. (Photo by Sarah Reingewirtz, Los Angeles Daily News\/SCNG)\n<\/div><span>Expand<\/span><\/div><\/div>\n<p>Nearly $24 billion in claims related to the Palisades and Eaton fires already have been paid out as of March 2026. More than 13,000 smoke-damage claims have been filed, though many of those have yet to be resolved as homeowners and insurers brawl over what is and isn\u2019t covered.<\/p>\n<p>Hundreds of homeowners have filed formal complaints with the state alleging insurance companies are stalling and downplaying dangers to try to save money and pushing families \u2014 who are rapidly running out of funds \u2014 back into potentially contaminated homes. The companies, meanwhile, say opportunistic lawyers and public adjusters are playing to fears and driving up costs for everyone by exaggerating the risks and damage.<\/p>\n<p>The average cost of a smoke-related claim already has tripled since 2020, according to Allison Adey, a legislative analyst for the Personal Insurance Federation of California. The industry is seeing more and more smoke-damage claims that ask for the full policy limit, she said.<\/p> <div>\n<\/div>\n<p>\u201cThis is going to mean massive increases in people\u2019s premiums if we don\u2019t find some way to mitigate that,\u201d Adey said.<\/p>\n<p>Consumer advocates say insurance companies are posting record profits and that policyholders simply know more about the types of byproducts generated by urban conflagrations. Research shows that vacuuming and wiping down surfaces isn\u2019t enough.<\/p>\n<p>Last year, a Los Angeles judge gave credence to that argument when he ruled that the California FAIR Plan, the state\u2019s insurer of last resort, had violated state law by rejecting claims involving smoke that did not leave behind visible damage or smells. Policies must cover \u201closs by fire\u201d under the law, and \u201cdirect physical damage\u201d can include smoke damage at a microscopic level, the courts ruled.<\/p>\n<p>That language makes it more difficult to carve out smoke damage in the same way that insurers once did with mold.<\/p> <div>\n<\/div>\n<p>Both sides, however, agree that the root cause is a lack of clear standards for testing and remediation. Two bills moving through the state Legislature aim to change that, while a deluge of lawsuits could establish precedent in the interim.<\/p>\n<p>In 2001, a $32 million verdict in a lawsuit over mold sent shock waves through the industry and started what some would later call the \u201cmold stampede.\u201d Businesswoman Melinda Ballard and her family began coughing up blood and suffering memory loss after a water leak led to the hidden growth of mold in their massive 22-bedroom home in Texas. The family sued Farmers Insurance in 1999, alleging the company\u2019s delayed handling of their water-damage claim allowed black mold to spread, according to the Austin Chronicle.<\/p>\n<p>The verdict was later quietly reduced to $4 million on appeal, but news of the battle and the spotlight it cast on the risks of mold opened a Pandora\u2019s box of lawsuits and policy claims that scared the industry into limiting mold coverage out of fear it would become the next asbestos.<\/p>\n<p>In Pacific Palisades, a lawsuit demanding an even larger, eye-popping dollar figure could serve as a similar catalyst for smoke damage.<\/p>\n<h4>A total loss to smoke<\/h4>\n<p>John and Callene Momtazee paid nearly $100,000 in annual premiums for a high-end insurance policy promising to get the family back to their lives \u201cwithout hassles, headaches or delays\u201d in the event of catastrophe.<\/p>\n<p>Though their multimillion-dollar home still stands after the 2025 fires, the Momtazees have not returned to it. Instead, they have spent the last year-and-a-half fighting their insurance provider over whether the structure that remains is truly as unscathed as it might look on the surface.<\/p>\n<p>The family argues in a federal lawsuit that their home is a \u201cconstructive total loss,\u201d unable to be safely remediated, due to severe contamination left behind by the toxic fallout of the Palisades fire. They allege their insurer did not sufficiently test their home and attempted to discredit the results of a more thorough, independently commissioned test that found \u201cmany hazardous substances above safety levels established by government agencies.\u201d<\/p>\n<p>The litigation demands that Federal Insurance, a subsidiary of Chubb, cut a check for the entire $45 million policy, plus damages. All told, if their attorneys can prove Chubb and Federal acted in bad faith, that payout could stretch to $100 million or more.<\/p>\n<p>\u201cThis will be a test case for Chubb\u2019s widespread practice of refusing to test for and remediate highly toxic chemicals found behind the walls and ceilings of smoke-damaged homes,\u201d Brian Timmons, an attorney from Quinn Emanuel Urquhart &amp; Sullivan, said in a written statement. \u201cChubb\u2019s current approach expects policyholders and their children to return to these dangerously contaminated homes \u2014 in spite of the warnings from toxicologists and public health officials.\u201d<\/p>\n<p>Chubb previously estimated losses of $1.5 billion from the wildfires.<\/p>\n<p>\u201cThe exposure from this precedent could run into the billions \u2014 much more than it has likely reserved on its balance sheet for expected payouts to Palisades and Eaton fire victims,\u201d Timmons said.<\/p>\n<p>A spokesperson for Chubb did not respond to requests for comment. Attorneys for the company broadly denied the lawsuit\u2019s allegations in court filings.<\/p>\n<h4>More lawsuits filed<\/h4>\n<p>Several insurance companies face similar litigation.<\/p>\n<p>Attorney Michelle Meyers and her firm, Singleton Schreiber, represent fire victims in several of the pending cases stemming from the Eaton fire, including two possible class-actions lawsuits.<\/p>\n<p>\u201cYou\u2019re almost better off if your house burns down,\u201d Meyers said. \u201cIt eliminates much of the subjective nature of what you can fight about.\u201d<\/p>\n<p>The firm\u2019s most recent wildfire lawsuit, filed on behalf of Altadena residents Shawn and Eileen Johnson, accuses State Farm of using a noncertified industrial hygienist to conduct \u201csham testing\u201d to discredit an assessment that concludes the Johnsons\u2019 property required full remediation, potentially including a full tear-down, due to the presence of cyanide, lithium, lead, chromium and other carcinogens.<\/p>\n<p>\u201cInsurance companies are cutting corners and pinching pennies, prioritizing their own financial interests over policyholder rights and personal safety, and disregarding the statutory mandate to provide coverage for \u2018all loss by fire,\u2019 \u201d the lawsuit states.<\/p>\n<h4>Toxic contaminants continue to be found<\/h4>\n<p>The two urban wildfires in the Pacific Palisades and Altadena in January 2025 torched cars and buildings, melted plastics, electronics and household appliances, and spread plumes of heavy metals, cyanide, asbestos and other toxic contaminants. Together, the Palisades and Eaton fires killed at least 31 people, burned roughly 37,000 acres and destroyed 16,000 structures.<\/p>\n<p>The toxic smoke released from these intense and increasingly more common \u201cwildland-urban interface fires\u201d can seep into walls, floors, furniture and duct systems, leaving homes with hidden dangers that, if not addressed properly, could turn into health conditions decades later. Long-term exposure to some of the chemicals found after the fires are linked to increased risks of cancer, heart attacks and respiratory issues.<\/p>\n<p>Studies from Rutgers University and Caltech have found unsafe levels of lead and heavy metals in homes miles from the Eaton fire\u2019s burn zone.<\/p>\n<p>Residents are much more organized than in the past, too. In Altadena, Eaton Fire Residents United collected tests from hundreds of homes and tracked the results before and after remediation. Roughly 96% of the homes tested positive for lead, according to the group.<\/p>\n<p>The Centers for Disease Control and Prevention indicates there are \u201cno safe levels of lead\u201d in the blood for children and even low levels are associated with \u201cdevelopmental delays, difficulty learning and behavioral issues.\u201d<\/p>\n<p>A third of the homes covered by the tests remained uninhabitable even post-cleanup, the organization said.<\/p><p>Read more <a href=\"https:\/\/siliconvalleymovingpost.com\/?p=11125\">Orange County scores and player stats for Saturday, May 30<\/a><\/p>\n<h4>\u2018Toxic relationship\u2019 with insurer<\/h4>\n<p>The New York Times worked with a family in Altadena to test their environment and hair after their home\u2019s remediation. Six of the 11 samples from the home still showed unsafe levels of contaminants, including one sample that was 27 times the federal hazard limit for lead. Hair samples from the family members showed \u201cmeasurable spikes in heavy metals after they returned home.\u201d<\/p>\n<p>There are no uniform state or federal standards when it comes to assessing and remediating contaminants inside smoke-damaged homes. One test might only look for certain contaminants and exclude others, or collect samples from different locations and end up with drastically different results.<\/p>\n<p>Homeowners and insurers, though they strongly disagree on the specifics, say there should be clear guidelines for when testing is required, how thorough it must be and what thresholds need to be met before homeowners move back in.<\/p>\n<p>Nicole Maccalla, a member of Eaton Fire Residents United, spent five months fighting with her insurer after the Eaton fire scorched the roof of her home. She compared it to a \u201ctoxic relationship\u201d in which her adjuster would make promises over the phone and then deny it in writing.<\/p>\n<p>For her, every part of the process became one exhausting battle after another. Her insurance company covered a roof replacement but decided after the work was done that it wouldn\u2019t cover the full amount. Cleaners took weeks to finish the home, then the adjuster fought her for months about the tests needed to determine if it was safe enough for her and her children to return, she said.<\/p>\n<p>She eventually moved back without getting that testing done because she was driving three hours every day, living in an unfurnished home without air conditioning in the middle of summer, and taking on more and more debt.<\/p>\n<p>\u201cI gutted my retirement just to move things along,\u201d she said. \u201cThey basically just waited me out and washed their hands of it.\u201d<\/p>\n<p>She and her two children threw out most of their belongings during the cleanup. Little remains from her children\u2019s childhoods, she said.<\/p>\n<p>\u201cThey didn\u2019t get to go back to their stuffed animals and Barbies and toy cash registers,\u201d she said. \u201cThey went forward.\u201d<\/p>\n<p>While she believes the cleaning crew did a good job, Maccalla never got the peace of mind that a final test of the home would have provided. Now, her family follows strict daily and weekly cleaning routines.<\/p>\n<p>\u201cI just hope that it is sufficient and worry that, if it\u2019s not, what have I done to my kids?\u201d she said.<\/p>\n<h4>Legislation addresses ambiguities<\/h4>\n<p>Two bills, Assembly Bill 1642 and Assembly Bill 1795, are attempting to address the existing ambiguity. Both made it out of the Assembly Appropriations Committee\u2019s notorious suspense file May 14 and are working their way through the Legislature.<\/p>\n<p>The Wildfire Environmental Safety and Testing Act, or AB 1642, written by Assemblymember John Harabedian, D-Pasadena, would require the Department of Toxic Substances Control to develop standards for testing and removal of lead and asbestos inside and outside of homes affected by wildfires by July 2027 and for other chemicals, including heavy metals, cyanide, lithium, manganese, polycyclic aromatic hydrocarbons and volatile organic compounds, by July 2028.<\/p>\n<p>It also spells out specifically where samples should be collected from inside a home and requires both pre- and post-remediation testing. Any hazardous contamination found in a home with fire-related debris is presumed to be a result of the fire.<\/p>\n<p>Insurers and policyholders continue to fight because there are no rules in place, Harabedian said in an interview.<\/p>\n<p>\u201cWe can solve that by establishing a very simple, binary set of standards that say whether it is safe or not,\u201d he said.<\/p>\n<p>While AB 1642 has found support from such groups as Eaton Fire Residents United and United Policyholders, the insurance industry opposes it over the strict testing and remediation requirements. Every fire produces different contaminants, they said, and testing for each one, regardless of the circumstances, could unnecessarily drive up costs.<\/p>\n<p>\u201cWe\u2019re looking at two fires that are incredibly unique from the ones we have seen before,\u201d said Adey, of the Personal Insurance Federation of California. \u201cThere are definitely homes in this situation that require a higher level of remediation and replacement than we\u2019ve seen in other fires, and nobody is disputing that.\u201d<\/p>\n<p>They also oppose the presumption that any contaminant found is from a fire, saying it would require insurers to remediate homes to higher level than their pre-loss condition.<\/p>\n<p>\u201cWe don\u2019t want to create standards that are impossible to meet, because you\u2019re going to end up in a lot of litigation,\u201d said Mark Sektnan, vice president for state government affairs at the American Property Casualty Insurance Association.<\/p>\n<p>The Smoke Damage Recovery Act, or AB 1795, written by Assemblymember Mike Gipson, D- Carson, and backed by California Insurance Commissioner Ricardo Lara, would more broadly require CalEPA to develop standards for sampling, testing and chemical screening of smoke-damaged homes within \u201cimpact zones,\u201d either inside the fire perimeter or in an adjacent ZIP code by June 2027.<\/p>\n<p>Insurers would need to inspect homes within 30 days of receiving a claim, pay for the testing and cover the homeowners\u2019 living expenses until the home is deemed safe again. Certification would be required for anyone who performs the tests and inspections.<\/p>\n<p>Last year, Lara formed a task force to develop long overdue standards as complaints surged from fire survivors over the handling of smoke claims. The task force  in March.<\/p>\n<p>Bach, who represented policyholders on the task force, said the report had some \u201cgood stuff\u201d in it, but by the time it was released, \u201cthe anger and frustration and pain that a lot of households had been going through down there\u201d had dragged the fight to the Legislature and into courtrooms.<\/p>\n<p>AB 1642 was introduced in January and AB 1795 in February. Neither the insurance industry nor policyholders are willing to support AB 1795 yet.<\/p>\n<p>Policyholders believe the bill, as it stands, leaves too many loopholes for insurers. Insurance companies, meanwhile, are pushing for sub-limits that would set caps on smoke-damage payouts.<\/p>\n<p>Unlike with mold, cutting back coverage isn\u2019t an option, not without the Legislature\u2019s support, as coverage for \u201closs by fire\u201d is ingrained in state law, Bach said. She doesn\u2019t believe lawmakers are likely to concede such a big change to the industry, not without proof of widespread fraud or significant rate increases attributable to smoke claims.<\/p>\n<p>Any attempt to add that smoke coverage limits to these bills would trigger significant pushback, she said.<\/p>\n<p>Neither Gipson nor Lara would say where they stand on such limits. In a statement, the Department of Insurance responded that it is \u201cputting survivors first\u201d but is working to see that \u201cstability in the market is maintained.\u201d<\/p>\n<p>Bach is still hopeful the two bills will find the right balance, but the message to insurance companies should be clear:<\/p>\n<p>\u201cWhether it is the courts that tell them it is not going to fly anymore or the Legislature, it is going to be clear that they cannot continue business as usual,\u201d Bach said.<\/p><p>Read more <a href=\"https:\/\/siliconvalleymovingpost.com\/?p=11124\">Victor Wembanyama, Spurs dethrone Thunder to reach NBA Finals<\/a><\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Billions of dollars are at stake as bills move through the Legislature and lawsuits move through the courts that could redefine testing standards. <\/p>\n","protected":false},"author":1,"featured_media":11131,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43,2],"tags":[],"class_list":["post-11135","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-based-on-facts-either-observed-and-verified-directly-by-the-reporter-or-reported-and-verified-from-knowledgeable-sources","category-news"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - 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