Lara takes legal action against FAIR Plan for denying smoke damage claims
Insurance Commissioner
The
The department's legal filing follows hundreds of escalating consumer complaints filed with the Department against the FAIR Plan and builds on a multi-year investigation, which uncovered at least 418 violations of
"I've spoken with wildfire survivors who would rather lose their homes to flames than endure the stress and confusion of navigating smoke damage claims." Lara said. "This is unacceptable. This issue has persisted after every fire and has become even more urgent in the aftermath of the largest urban fires in history, the Palisades and Eaton fires. These consumers' message is clear: they need assistance, not obstacles. We will not tolerate insurance companies breaking the law and denying Californians the coverage they deserve, including the FAIR Plan."
This enforcement action is part of a broader effort led by Lara to strengthen consumer protections through oversight, examination and enforcement across both traditional insurance carriers and the FAIR Plan. The Department is also conducting a Market Conduct Examination of
"Whether a consumer is insured by a private company or the FAIR Plan, they are entitled to fair and thorough claims handling," Lara continued. "Oversight and enforcement are crucial for my department to protect consumers. It is our duty to conduct comprehensive investigations based on consumers' experiences and uncover the facts necessary to build strong cases — that's how we ensure swift and lasting accountability for our state's insurance companies."
The California FAIR Plan is operated by the insurance industry, not the state. State law requires all property insurance companies doing business in
Lara's legal action cites violations of California Insurance Code section 790.03 including, but not limited to:
Misrepresenting policy terms.
Failing to investigate claims fairly.
Denying legitimate claims without reasonable basis.
Lara expects to file in the coming weeks the Department's Report of Examination for an ongoing financial examination of the FAIR Plan, including its compliance with recommendations from the Department's 2022 Operational Assessment Report.
The 2022 report called for significant changes in the FAIR Plan's governance, operations, underwriting and claims handling, risk management, customer service and financial planning strategies and policies.
Lara has also created the
Consumers who believe their smoke damage claim was unfairly denied or delayed are encouraged to file a complaint at insurance.ca.gov or call (800) 927-HELP.
Timeline of key actions: FAIR Plan enforcement
FAIR Plan began using revised policy language requiring "permanent physical damage" for smoke claims, led at the time by the previous insurance commissioner, which was approved based upon the FAIR Plan's representation that the new language would either provide no change in coverage or broaden coverage in some instances.
Under Lara, CDI issues cease and desist letter after discovering improper claim denials based on this restrictive language.
CDI launches targeted market conduct exam of FAIR Plan, adopted in
Commissioner holds the first-ever investigative hearing into the FAIR Plan identifying areas where improvement is needed, including handling of smoke claims.
Palisades and Eaton Fires destroy neighborhoods in
Lara issues Bulletin 2025-7 directing all insurers, including the FAIR Plan, to properly investigate and pay legitimate smoke damage claims. Continued smoke-related complaints received from consumers against the FAIR Plan.
CDI sends formal legal directive to the FAIR Plan deeming its "permanent damage" policy language unlawful and unenforceable.
CDI files today's legal action of cease-and-desist order, with penalties, against the FAIR Plan for impacted policyholders.


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