Insurance Report: Fire victimsshortchanged - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
July 13, 2022 Newswires
Share
Share
Post
Email

Insurance Report: Fire victimsshortchanged

Pasadena Star-News (CA)

If you own a home that suffered smoke damage from a wildfire, don’t be surprised if your insurance coverage falls short, or is denied.

A new report from Consumer Watchdog alleges that insurers have inserted provisions into the fine print of their home, condominium and renters policies that allow them to limit or deny coverage after a wildfire.

Farmers, Nationwide and the Automobile Club of Southern California are among the insurers cited in the Los Angeles-based organization’s “Up in Smoke” report. The California FAIR Plan — which often serves as a last resort for homeowners in fire-prone areas where insurance companies won’t provide coverage — is using the same tactics, the study claims.

The report says insurance companies are lowballing or denying claims as California’s wildfire season grows longer and becomes more damaging. The state’s three most destructive years on record were 2017, 2018 and 2020.

Insurance Commissioner Ricardo Lara has scheduled a public hearing on the FAIR Plan at 9 a.m. today in Oakland.

In a fact sheet released Tuesday, the California Department of Insurance said the report “contains demonstrably false claims” and that Lara and the department use “every legal and regulatory tool available,” to hold insurance companies accountable for their actions.

The fact sheet said 20 insurers deleted illegal smoke-limit policy provisions in 2018 after being notified by the department. It further noted that an examination of Nationwide resulted in more than $22.4 million additional claims paid out to consumers and $165,000 in premiums returned.

A similar investigation of the FAIR Plan resulted in more than $156,000 in additional payouts to consumers to date, the department said.

Consumer Watchdog founder Harvey Rosenfield, who also serves as an attorney for the organization, still maintains that insurers’ tactics have made bad situations worse.

“People pay into these policies year after year in hopes that they’ll never have to use them,” he said. “But when they do and are told they don’t have coverage, or have very little coverage ... it adds a financial and emotional burden to a wildfire disaster.”

Dylan Schaffer, an Oakland attorney who has sued the FAIR Plan and insurance companies on behalf of wildfire victims, said one client whose home suffered smoke damage was told by a FAIR Plan representative “to use a Swiffer” to clean up the mess.

“I’m not exagerating,” he said. “They are telling people, ‘Your house is not broken, it’s not damaged, so we’re not paying you anything.’ ”

Based on a review of public filings required by the California Department of Insurance, the report identifies several violations of state law by homeowners insurance companies:

• Limits on smoke damage recovery: Smoke is often the most common and costly result of wildfires. Insurance companies have adopted policy provisions that treat “smoke damage” as separate from “fire damage” and limit compensation for smoke damage to far less than the total policy coverage for fire.

• Arbitrary loss-reporting triggers: State law only requires policyholders to report a loss in a timely manner. Instead of setting the timeframe to report based on the date of the loss, some insurance companies arbitrarily base the reporting trigger on another event, such as the “start date of the wildfire,” potentially resulting in the company denying a claim as late.

• Sub-limits on recovery: California law requires fire insurance policies to cover “all loss by fire.” But some insurers limit compensation based on the type of fire loss, or if a homeowner misses a reporting deadline.

• Coverage exclusions: These provisions say a policyholder has no coverage for wildfire losses that occur within a certain time after the policy was purchased — usually 72 hours.

• Appraisal provisions preventing suit: Such provisions prevent a policyholder from suing an insurance company in court over a claim dispute without first going through a loss-appraisal process or after going through appraisal.

Consumer Watchdog says those provisions are unlawful under California law. The organization additionally claims that many insurers are unlawfully failing to notify policyholders of their legal rights after a government-declared wildfire disaster.

“I’m never surprised by what an insurance company will dare do,” Rosenfield said. “And it’s astonishing to me that the Department of Insurance has failed for some time in its duty to protect the public.”

Consumer Watchdog said Lara should investigate all claims denied by insurance companies during and after the historic 2017 wildfires to determine whether they were handled lawfully, with special attention paid to claims involving smoke damage.

They urge him to impose fines of $5,000 per violation against insurers that have violated consumers’ rights to fair claims and say that should be bumped to $10,000 if the violations were willful.

kvsmith@scng.com

Older

PSLBW guest speaker addresses Florida's property insurance market

Newer

Insurance Report: Fire victimsshortchanged

Advisor News

  • What happens to insurance planning when a client retires early?
  • Ask the right questions to turn clients into raving fans
  • The first 5 years of your career could determine the next 50
  • Your client’s $3 million portfolio doesn’t tell you their insurance needs
  • How life insurance can provide liquidity for wealthy families
More Advisor News

Annuity News

  • What lower interest rates mean to annuity payouts
  • AM Best downgrades A-Cap insurers amid financial and regulatory troubles
  • Lawsuit claims Delaware Life hid billions in insurer-linked investments
  • AM Best to Deliver Presentation at 2026 ACLI Annual Conference
  • Global Atlantic Announces Launch of ForeLifetime Income, a New Fixed Index Annuity
More Annuity News

Health/Employee Benefits News

  • Newly proposed federal rules would have "disastrous" impact on Medicaid, insurance funding, state says
  • Rep Marie Gluesenkamp Perez Says Expanding Health Care Access Is 'Top Priority' But Doesn't Provide Coverage For Campaign Staff
  • Harlingen school board approves $21.2M health plan
  • Franklin County Hiring Human Resources Specialist
  • What will California's next governor do about healthcare? Here are Becerra and Hilton's plans
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Trust emerges as key battleground for distribution, LIMRA panel agrees
  • AM Best Affirms Credit Ratings of OneAmerica Group Members
  • Launch: Guaranteed Issue Life Insurance, Expanding Access to Financial Protection, introduced by Franklin Madison
  • Franklin Madison introduces guaranteed issue life insurance
  • Panel: Insurers need to rethink products, distribution to close protection gap
Sponsor
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Lauren Sinnott Named to Ragan’s Top Women in Marketing Awards, Class of 2026 
  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.