On September 8, 2025, the Los Angeles Times reported that the California FAIR Plan was still taking a hard line on some smoke-damage claims from the January fires, even after a court setback and complaints that reached the governor. The plan had pointed policyholders to a “distinct, demonstrable and physical alteration” test borrowed from a 2024 California Supreme Court COVID business-interruption case.
Governor Newsom publicly told the FAIR Plan to process smoke claims fairly. A spokesperson later said customer communications were being updated. The underlying issue does not go away: a FAIR Plan policy is a named-peril fire form, not an HO-3. Smoke, soot, and smell arguments are where those forms get litigated.
If you are on the FAIR Plan, photograph interiors after any nearby fire, keep HVAC filter receipts, and do not throw out damaged contents until the adjuster has seen them. If you have a DIC wrap, put that carrier on notice the same day.
If this is on your renewal, call the office at (619) 420-8600 or start a quote. We will tell you what the market will actually write.
Sources: Los Angeles Times, September 8, 2025.