Court Rules Fair Plan Fire Policy Coverage Regarding Smoke Damage is Illegal. Items don't have to be destroyed to be considered a loss. The damage doesn't have to be visible by human eye. Exposure to toxic smoke, fire, ash can destroy soft or porous items. The insurer stated they won't appeal. Insurance experts state this will cause insurance rates to rise. Case Number: 21STCV20095 Plaintiff Jay Aliff, Defendant California Fair Plan Association.
"In a landmark decision, a Los Angeles judge has ruled that California’s home insurer of last resort (California Fair Plan Association) is violating state law by how it treats smoke damage claims — a policy that homeowners have long complained shortchanges them, including, most recently, victims of the Jan. 7 firestorms.
Los Angeles County Superior Court Judge Stuart Rice on Tuesday said that the California FAIR Plan Assn.’s policy violates the insurance code because it provides less coverage than what is required by the state’s Standard Form Fire Insurance Policy, which provides coverage for all “loss by fire” damage without making any distinction for smoke damage.
Since 2017, the plan has required that fire claims must result in “direct physical loss” as defined by “permanent physical changes” to a property, which owners allege has made it more difficult to be compensated for smoke damage.
The plan issued a notice to its customers that year that said the new definition of direct physical loss “will result in the denial of claims that might have been paid under prior policy wording,” Rice noted in his decision in a case brought by a former Mono County property owner.
“This notice seems to admit that the CFP Policy is less favorable to insureds than the Standard Form Policy,” the judge wrote in declaring the policy illegal."
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Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.
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