Wildfire smoke can do serious damage, even if your home never catches fire.
But if you’re insured through California’s FAIR Plan, you may be shocked to learn that smoke damage alone hasn’t always been covered. That may finally be changing. In this post, we’ll break down a landmark court ruling that’s shifting the landscape for California homeowners and explain what it means for your claim.
In this post we cover:
- What the FAIR Plan covers (and doesn’t)
- Why smoke claims are getting denied
- A new court ruling that changes everything
- What to do if your claim was rejected
- How we help you fight back
At Chris Faber Public Adjusters, we’ve seen firsthand how wildfire season in California brings more than just flames. It also brings lingering smoke, costly damage, and insurance headaches that can catch even the most careful homeowners off-guard.
A recent AP News report highlights a major development: a California judge has ruled that the way the state’s FAIR Plan has handled smoke damage claims is unlawful. The decision, issued by Los Angeles Superior Court Judge Stuart M. Rice, could have sweeping implications for thousands of homeowners statewide.
The case involved Jay Aliff, whose home near Lake Tahoe suffered smoke damage during the 2020 Mountain View Fire. Despite significant contamination, his FAIR Plan policy offered only a fraction of what was needed to remediate the damage. His lawsuit challenged the Plan’s practice of denying smoke claims unless there was visible damage or strong odor detectable by the “average person.”
Judge Rice rejected that standard, writing that it unfairly limited coverage in a way that was not “conspicuous, plain and clear,” and that relying on unaided sight or smell alone made it impossible for homeowners to fairly evaluate their losses. The decision marks a turning point: FAIR Plan can no longer exclude smoke damage just because it’s not visible to the naked eye.
FAIR Plan Was Meant to Be a Last Resort. Now It’s Becoming the Only Option.
The FAIR Plan was originally created as a short-term fallback for homeowners who couldn’t get traditional insurance due to wildfire risk. But with major insurers pulling out of high-risk areas, the number of FAIR Plan policies has more than doubled since 2020, hitting 550,000 this year.
The problem is that these policies come with high premiums and stripped-down coverage. And before now, many homeowners only found out their smoke damage wasn’t covered after their claims were denied.
Meanwhile, research shows that modern wildfires release dangerous levels of heavy metals and chemicals like lead, benzene, and cyanide. These contaminants seep into homes, furniture, and HVAC systems, even when flames never touch the building. Cleaning it up is not as simple as grabbing a Swiffer.
Why This Matters to You
If you live in California, especially in a wildfire-prone area, there’s a chance you’re already on the FAIR Plan or may be forced onto it soon. It’s critical to understand:
- Smoke damage isn’t automatically covered.
- FAIR Plan policies don’t always include extended coverage for cleanup or restoration.
- Even if the fire didn’t reach your home, your health, property, and peace of mind can still be affected.
What You Can Do
We always recommend reviewing your current insurance policy, especially if you’ve been moved to the FAIR Plan. Ask your agent directly: “Does this policy cover smoke damage, even if it’s not visible?” If your coverage still includes outdated language, you may be vulnerable.
Think your smoke damage claim was unfairly denied?
This recent court ruling may give you a second chance. Learn more about how we approach smoke damage claims, and how we support you through the claims process.
If your home was affected by wildfire smoke and you were told it didn’t qualify as a “direct physical loss,” we want to hear your story. We know how to build strong claims that include expert testing, documentation, and legal precedent, especially now that the courts are backing homeowners.
At Chris Faber Public Adjusters, we help homeowners fight back when insurance companies say no. We understand the fine print, we know how to navigate state rulings like this one, and we work with trusted experts to document every inch of the damage, including the damage you can’t always see.
Wildfire smoke doesn’t need to touch your home to destroy your sense of safety.
If your insurance company isn’t treating you fairly, don’t go at it alone. Chris and Jo Faber bring decades of experience, compassion, and grit to every claim. We’ll help you stand your ground and make sure your voice is heard, because you deserve to feel safe and supported in your own home.
Let’s take the next step together.
Your claim matters, and we’re here to guide you every step of the way. Contact us today for a free review, and let us help you protect your home, your health, and your peace of mind.
